(One of two comapnies I am having problems with) Just a bit of advice. I took out a talk talk account phone/broadband account in 2008. When I joined I had problems with my landline. Whilst it was being sorted Talk Talk added call divert to my mobile free of charge. However, once the problem was sorted, they kept it on my account (Even though it was not being diverted and even though i said i did not need it) and started chargeing me £2.50 per month for the facility. They then kept charging me for paper billing, even though I asked not for this. I then asked to downgrade my package. They said this would be actioned. In a nutshell, I called them on an ongoing basis as they did not action any of this. They kept on saying it will be dealt with but it never was. After much complaning, they refunded some of my £2.50's for the call divert. However, they continued to bill me for them plus at the higher package and continued to charge for paper billing. I finally lost my patience and asked for the account to be cancelled. They said that any credits due would be credited. I cancelled my direct debit as they would have owed me money at this stage. However...... They did not cancel the account nor did they refund me. They continued to bill me for everything. I wrote a letter of complaint. They did not respond. I then sent another one which they did respond to. Only 5 days later they wrote to say that they could not contact me and that they had closed the account. I have followed their complaints procedure and even written to their head guy for complaints, but no response. I have even submitted a complaint to Otello. They gave Talk Talk 28 days to respond. Despite them chasing talk talk, no response and 28 days is up tomorrow. Don't know what to do. Talk Talk have now passed by details to debt collection agencies who keep writing. I 've called three of them who have said they will write back to talk talk. Only for talk talk to pass it onto another debt collection agency. What are my rights as they owe me money and they are illegally passing on my info.

Trimmed it slightly I acknowledge no debt to your client or yourselves. This account is in disputewith Barclaycard and has been since 01st July 2009. Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 My previous dispute from 27th April and 12th June 2009 has NOT been answered. Barclaycard or any of their representatives have failed to respond to my legal requests. 1) On 12th June 2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. Barclaycard have failed to comply with my request, and as such the account entered default on 01st July 2009 and is in dispute. Barclaycard have only sent me a blank copy of the terms and conditions. I refer you to the judgement made by his honour Judge Waksman in the Carey V HSBC case. The information that Barclaycard have sent falls short of what is deemed as acceptable. Judge Waksman stated “If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still supply a copy of the original agreement, as well as the varied terms”. Barclaycard have not sent a copy of the original agreement along with the original terms and conditions. In addition, they have not sent copies of any variations. Further more “The s.78 copy must contain the name and address of the debtor, as it was at the time of the execution of the agreement “ The terms and conditions do not contain these. 2) Barclaycard have failed to supply me with all the documents in my Subject access request made on the 27th April 2009. This included a copy of my original credit agreement. Accordingly, I have to tell you that Barclaycard have not yet complied with their obligations under the Data Protection Act 1998. PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) " 3) Barclaycard have failed to comply with my section 10 request under the Data Protection Act. Barclaycard have done nothing to resolve the situation and been unhelpful. This dispute could have been resolved a long time ago if Barclaycard had wanted to resolve this. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to the Barclaycard for resolution of these defaults and breaches, as Westons cannot lawfully pursue any enforcement activities. If Westons chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection from Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. Unless Barclaycard remedies these breaches and responds to my other letters, in line with the regulations and laws that Barclaycard and yourselves must abide by, I have no legal obligation to respond further to you. Yours Sincerely

Was going to send something like this or should I ignore them? I acknowledge no debt to your client or yourselves. This account is in dispute with Barclaycard and has been since 01st July 2009. Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 My previous dispute from 27th April and 12th June 2009 has NOT been answered. As Barclaycard are now in default of my Consumer Credit Act agreement request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Barclaycard or any of their representatives have failed to respond to my legal requests. They have failed to supply me a true copy of the original Consumer Credit Agreement for the above account. 1) On 12th June 2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. Barclaycard have failed to comply with my request, and as such the account entered default on 01st July 2009. Furthermore, they are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client entered into a default situation. Barclaycard have only sent me a blank copy of the terms and conditions. Whilst only in the case of myself taking Barclaycard to court, I also refer you to the judgement made by his honour Judge Waksman in the Carey V HSBC case. The information that Barclaycard have sent falls short of what is deemed as acceptable. 2) Barclaycard have failed to supply me with all the documents in my Subject Access Request made on the 27th April 2009, requested including a copy of my original credit agreement. Accordingly, I have to tell you that Barclaycard have not yet complied with their obligations under the Data Protection Act 1998. PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) " 3) Barclaycard have failed to comply with my section 10 request under the Data Protection Act. As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to the Barclaycard for resolution of these defaults and breaches, as Westons cannot lawfully pursue any enforcement activities. If Westons chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection from Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. Unless Barclaycard remedies these breaches and responds to my other letters, in line with the regulations and laws that Barclaycard and yourselves must abide by, I have no legal obligation to respond further to you. Yours Sincerely

Looking to review my situation. Had yet another letter with incorrect balance after they rolled everything into one. I have agreed to repay the loan and the loan only. All my correspondence states this. The overdraft and CC were signed on the same application form. I am right in saying that the CC part will be unenforceable but the overdaft would be treated seperately. The overdraft will have had charges on it but after the oft test case, it is more difficult to claim. Whilst the cc is unenforceble, like the loan agreement, I can now start paying back the overdraft if need be. Any advice??

After threats from Mercers, then the rest, all went quite for 5 months, then its starting again. First the standard letter that they have complied with their obligations and just sent t&c's- Still no credit agreement Now with Westcotts we have threatening legal action. I understood that as the agreement had been varied, they were obliged to send a copy. This was also backed up by Waksman in the Carey Case. Any advice? I am fed up with this game as I have given barclays plenty of time to come up with this. They did not send it with my section 78 request or by subject access request.

And now after hissing down the phone at me denying that they had ever received my subject access request and refusing to send me the details (After initially signing for it and saying they had it) I now get a letter saying, we acknowledge you have sent it and will send out the information in due course. The request was made in February. I suspect they are going to try another tactic, probally send me partital info, then say they have sent all of it, now pay up... I don't think so. I have more than a claim against them if it came to court.

I'm in the same boat. Be carefully with Experto as they are not very nice. However, if the default notice is invalid like mine, then you are only liable for the arrears at the time of the invalid default notice. (Less costs for unlawful temrination) In my case, they have also refused to send me information under my subject access request. They have denied receiving a notice, with payment even they they have spoken about it and signed of it.

Thanks Andy It still is worrying. I am prepared to review things and increase payments when I can afford it. As a household we are still running at a slight loss everymonth. It seems that everytime I get the chance to break even, either a bill comes up or this happens with a creditor. I still have other creditors to sort out. (I was in a right mess!) Two accounts have unenforceable agreements and invalid default notices. I have a bank overdraft which was going through the bank charges thing and I am about to come to an agreement to start repaying that. I have landed an OK job. Whilst the income is low at the moment, its a fair company and I have a great long term opportunity to really do something and in the end earn alot more money. I am a year away from being on an income that I can pay the bills, maintain the house and ultimately start clearing up what I own. A charge on the property would mess up everything including my relationship, the kids and ability to pay everything back!

Over a year later, I am still being chased by another debt collection agent. One thing I did not put on this forum was the fact that they messed up the default notice as well. I had a termination letter, followed by a default notice (Giving only 14 days, not 14 clear days) follwoed by another termination letter 7 days after the the default notice. I had written accepting the unlawful termination of the account and I should only be liable for £102 (Not £1902) which was the amount of arrears at the time, less unlawful charges and claim for unlawfull termination.

Just got off the phone to Incasso. They called me after I left a message at the weekend. They have advised me that their client is not happy with the decision and they appealled this within the 16 days under cpr rules, back in March. They claim that it is not until now that our local court has granted a hearing???? They have advised that they want a review. Their instructions are that they would like it repaid over 5 years (Which is shorter than the original loan term) or they may seek a charging order on the property. I advised them I am more than happy to review this annually but a charge order is not an option. I also advised them that I cannot increase my payments. So, if the review does not go their way, they will seek a charging order. It does not mention that on the judgement. Any help or advice??

Big Panic. I have just received out of the blue a notice of hearing in 7 days time at my local county court. Brief History: Loan Amount: £32,000 Due to loss of income, I fell into arrears with Tesco Finance. I wrote to them to advice them of this and that I would resume some form of payment once I started emloyment. This was followed by the usual threatening letters. I then wrote to Tesco and offered them payments of £50 per month as that is all I could afford. I continued to pay them but.... Incasso then got involved and the next thing I new I received court papers. I admitted the debt and returned the forms. I received a CCJ. I appealed to make installments and the court granted that I would have to pay £27.12 per month. That was about 4/5 months ago and I have been paying £28 per month by standing order ever since. However, out of the blue I received a notice of hearing at my local county court. I had not received any correspondence from either the court or Incasso. I spoke to the court who have advised that the creditor is not happy with the amount being paid and would like to have it reviewed. Can anyone advise me of what I am likely to expect. I have heard all sorts of horror stories about charges against the house. This is jointly owned with my partner. We have just about managed to keep up to date with our mortgage and secured loan payments against the house. There are 5 of us living in a 2 bedroom house with little equity. I work in excess of 60 hours a week whilst my partner works nights (As well as looking after children) My partner has said that if anything happens to the house, then its over between us so I stand not only to lose my family, but it could also effect my children. She went mad when the notice of hearing had come through as we were both under the impression that it had been sorted by the court. (I think she thinks I am hiding something from her) I am not prepared for my family to be affected. We have fought so hard over the last 18 months to keep our heads above water. I need help and advice! (Please)

Another debt collection agency has written, giving me until 2morrow. In answer to a previous question (Sorry, I've read the post properely) Arreas on DN £1200. Balance was £13,000. Unlawful charges and interest since account went into dispute is about £300. Was going to sit tight but may write to this one saying I have accepted the unlawful termination less claim for unlawful termination and charges. Does anyone know a good letter?

Their Collection agent. I have it in writing that payments would be xyz a month.

Whilst I have agreed to reply the loan, First Direct rolled everything into one account. I had agreed with their debt agency that I would repay the loan only, but not the overcharge and credit card until they came up with a valid agreement. I agreed a payment plan on this basis and have continued to pay that. I then enquired about the CC and overdraft aspect as I quiried the balance. They refused to reply until I supplied a signiture. I wrote with a letter stating that they do not need the signature fopr my request. They refused to deal with this. I have now received two letters stating that my temporary arrangement ahd finished and I need to increase my payments otherwise action would be take. Firstly, this was a permanent agreement. Secondly, can they do this once it has been agreed. They even put this in writing that I would pay xyz until the account had been cleared?

You are lucky to get a copy of the agreement. I have only received reconstructed T&C's from Barclaycard for the time I opened the account. Only problem is, the account was with Morgan Stanley. Despite repeated requests and me pointing out that they had not sent t&c's and copy of agreement for Morgan Stanley, they have insisted that they have sent what is legally required to them. I contacted trading standards in december. They called me but have never followed my compliant up despite them verbally agreeing I had not been sent what was required.

I will sit tight on this and see how it progresses. I have checked through the T&C's that they have sent. 1) Co-Operative Bank- Contains hardly any of the prescribed terms 2) Northern Rock- An internet print out. The card was originally tied to the Northern Rock together mortgage so these are not relevant to the account I had.

Do I reclaim the charges if it goes to court or after? I also understand that I can claim for unlawful termination?

If I am only liable for the arrears, I understand that this is less unlawful charges and unlawful termination. Can I also claim against breach of my subject access request and breach of my section 78 request. Should I write or wait until (If they do) take this to court. Would like to try and settle this.

Just had a letter from the debt collection agency. Usual letter threatening action. Has anyone had a chance to look at this thread or can advise?

Just a bit of advice. I have an Ex Northern Rock CC, now with Co-Op credit card. Fell into hard times last year, went into arrears. I now want to sort some things out and establish where I am. I did the subject access request and section 77/78 request. This is a copy of my credit agreement, which I am told does not comply to the regs: http://i663.photobucket.com/albums/uu351/roygoodbeat/COPNORTHERNROCK.jpg I also had a default and termination notice last year. The default notice was dated Saturday 8th August 2009. The arrears amount was correct but the date that the arrears needed to be paid by was Saturday 22nd August 2009. I also received a termination notice which was dated Saturday 22nd August 2009. I am I correct in saying that the default notice is also faulty? I want to write to the debt collection agency that have been writing to me. What should I write, if anything?

Had hassle from Experto too. MBNA unlawfully rescended my account. Experto refuse to comply with my subject access request.

Without prejudice Sounds like the same guy who has left me messages and with whom I have spoken. The person is very rude and arrogant. Started spouting the Waksman ruling and that I had to pay. I advised him that they had not sent all the information requested from my subject access request. He denied receiving it despite proof of postage, and his staff stating that they had it. I ended up hanging up on him due to his threatening behaviour. I wrote to him asking for proof of ownership and confirmation of when the alleged debt was sold. I also enclosed the proof of postage and receipt (by Recorded) He wrote back stating that he would not comply with my subject access request. He also dismissed the proof of receipt and copy of original letter. I have written back advising them that it has been noted that they are refusing to comply with the law and that I will not write or speak to them again until such proof has been sent. Waiting to hear from them.

Haven't got my file with me but is that the same I*n H*nter from Experto?

I am dealing with a couple of other credit card companies who are citing the waksman ruling. I have also had contact with others who have lost on a similar basis as the lenders have been using this to influence the judges decision. When I was in court I said that the Waksman ruling had nothing to do with the information that the lender had provided to attempt enforcement as this did not satisfy the consumer credit act. I cited case history but both the judge and the solicitors representing the lender said that the previuos rulings were now invalid and the Waksman ruling was more recent.

I received a termination notice after the default notice was issued. I wrote to them advising them that I would make payments of £25 per month, however, they passed this onto a debt collection agent after I started doing this. It is with the debt collection agent that the payments have been agreed with.