No, but a nicely worded letter to the Information Commissioners Office with a copy to whoever it is drawing their attention that the bank is "making the private data of clients public contrary to the data protection act 1998" might be something to do. Then a simple letter to whoever it is drawing to their attention that their private data is being made public and drawing to the persons attention that you have reported this to the Information Commissioners Office. Then let them two argue with the bank.

Ahhhhh now I get it. You get paid by pieces cut from newspapers which is what Freeman on the land refer to as money. For money is nothing except pieces of paper.

Well I am professional being a qualified electrican by trade but nope cannot say 100% honest. IF I can make an easy few quid do you think I am going not to? :D:D

It is not the cut and paste. It is the fact of not adapting something to ones own case. ALL cases are different and therefore one cannot just "copy" but has to adapt to suit that particular case. Adapt as needed. Dear Sirs Your reference: My reference: Account in dispute. I refer to your letter dated the xx/xx/2009 in which you state that a copy of a signed application form is enforceable. I trust you do know that the Consumer Credit Act 1974 states that it has to be a true copy of an executed agreement and not an application form. An application form can be for anything and to give an example it can be starting for an application for a driving license to an application for a flying license. Submitting a signed application form does not entitle one to do any of the mentioned examples. It is only when one gets the license that it becomes official. Hence, on the basis of the above example, an application form for a credit agreement is simply and solely an application form. An application form can fail for numerous reasons and the creditor does not have to give credit solely because one has made an application. It is once the agreement is executed that it becomes enforceable. Considering the above and as you have failed to send me a copy of a true executed agreement, you have no right to continue acting in the manner you have been doing. The alleged debt is in dispute and will stay in dispute until as such time as you can submit to me a "true copy of the executed agreement". Should you continue to harass me then I will have no other alternative but to ask the OFT to assess as to whether you are fit to hold a credit license. Yours sincerely Note: Send both letters if possible in seperate envelopes and both recorded. It will give them two problems to be happy with solving.

Can the OP please reply to the questions (5 in all) in posts 19, 20 and 22?

Hallelulja for the Data Protection Act. :D

C.E.O. means Chief Executive Officer and yes he will be at the address on the letter Letter to be sent recorded mail so have proof of delivery. This is WHY I do NOT agree with templates. You just basically cut and pasted what I wrote. Even to the extent that spacing between paragraphs are not equal. (Shows tidyness and discipline). Here is an edited version that applies to your case. You will notice that they are in breach of 3 guidelines plus the CCA regulations. Dear Sirs Ref: With reference to the above account, which is currently in dispute with yourselves due to your failure to comply with my request under the Consumer Credit Act 1974 (s.78 ). As a registered debt collection agency you are licensed by the OFT to trade and therefore have promised to abide by guidelines set out by the OFT. Should you fail to abide by the rules and conditions you undertook to obtain your license, I believe it is understood you can be reported to said OFT so that you can be investigated as to whether you are fit to hold said license I refer you to the following from the OFT Guidelines namely: Deceptive and/or unfair methods 2.7 Dealings with debtors are not to be deceitful and/or unfair. 2.8 Examples of unfair practices are as follows: f. passing on debtor details to debt management companies without the debtors' informed prior consent i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt. Considering the above, besides the copy of the executed agreement request which you have failed to honour, I am now also demanding a copy of the letter from the original creditor asking for my consent, (in reference to 2.8 f ) and also you must include a copy of my written response to such a request confirming my authority for my details to be passed onto yourselves. You are to note that as you have failed to answer to my s.78 application the law states that the account is in dispute and is unenforceable. Furthermore, in respect of the above paragraph, I require your written response including copies of both letters to reach myself in no longer than 14 days. You are to note that you are currently in breach of all the above guidelines. Furthermore, should you be unable to make available the above requested documents within the stipulated time, then you are acting contrary to the terms and conditions you agreed to abide by when applying for your license. Should this be the case then you are to take this letter as a service of a section 10 of the Data Protection Act 1998 and cease and desist from handling my personal data any further. You are also to take notice that you are to cease and desist from contacting me again and failure of this I will be reporting your company to the OFT for investigation Yours sincerely and incidentally: Did you send them the letter "failure to abide by a s.77/78 application"??? It is in the templates in the debt collection agency section.

"Your" English teacher here. :D:D As you will notice, I have added a bit of humour. If I may suggest (please do not take this as criticism but more as constructive), print the document. Then try and see if you have repetitions. Also try and see what you can edit to make it a bit shorter. In short, if you can refer for example to something in say 4 lines, it is better to join 2 paragraphs and remove 8 lines. Also, a document should be itemised. (See example in the Agreement as less paragraphs there). You can then refer to items in previous paragraphs and thereby shorten sentences and declarations. e.g. Let us say you add "I note that the Claimant (by the way "Claimant" and "Defendant" always start with a capital letter) has not attached a copy of the original executed agreement but prefers to submit their contention on a one page A4 copy as refered to in item 3 above. This being so, then this document is unenforceable as in a Court of Law the original document has always got to be present for possible, and if need be, inspection". Furthermore, notice the e.g. I just made. That can basically shorten the statement and actually I would suggest you use it in your statement. p.s. Have cut and paste the whole lot and will give it a good read. Will do you a draft (kind of "like I would do it") and then please feel free to use or amend as you may wish.

Thanks. I know I keep reading posts (and on many forums) that it says 14 days but as I am not "in trouble with my credit cards or current accounts" I kind of never bothered researching such a minor thing.

NOTE: I have NOT read all of the posts on this thread and to be honest I neither intend to. I have based the above amendments on what was in the post. I suggest the OP to edit his letter, repost and then it can be examined again. Also such a letter should be sent to the C.E.O. The reason being that IF there are any arguments later on then it cannot be claimed that it was acted on by some "monkey" but it was the C.E.O. who decided to continue breaching the OFT Guidelines. Besides, having C.E.O.s of such companies receive lots of letters it will keep them busy and stops them from bonking the secretary. :razz::razz:

Additions and notes: Signed: P.O. Peye Oh and you NEVER ask, beg, request. You DEMAND IT IS MADE AVAILABLE. You are the ALPHA DOG. The DCA is the Biatch. Always stay in control. You are the one with the power not them.

Common law states that: There is no duty of care between parties that are in litigation. So, whereas for example you are at a crossroads and you see somebody who is frail about to make a mistake, you have a common law duty of care (yes you can be actually sued for not doing this) to look after that person. BUT when in litigation, as they say "let hell break loose for if we throw enough cw@p about some of it may hang on to the ceiling". And heck! There is no law that says we cannot have fun on the day either!!!!!!!

Not really. Read http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/239338-cpr-court-hearing-tomorrow-new-post.html You will notice that a barrister can arrive at the court. Hand over a bundle of evidence. Court may not like it but it is legal to do. So what is the use of asking for "additional information" when it can be just handed at a court room?

I think that ITS WAR really needs to advise what he has really really got in that bundle.

You should never submit a large bundle in Court. In fact the shorter it is the better as long as it will strike out any claim against you. OR unless you know how to get the Judge intrigued into reading all of it.

To be honest I am lost. (If you want an excuse blame it on me not knowing how to read English or if you want blame it on the "amber nectar). Anybody can claim "I struck gold". Argument is: Have you? So back again: "Care to elaborate? How did you come to this conclusion?"

But basically you are asking for the same information. So considering that the debtor may be of limited financial standing why add more costs in Court charges? Or indeed, why not just see (as in my 5 questions) what there is and then, before saying otherwise take, evaluate, understand, if need be ask, and then give advice?

And why does the member have to send a CPR18 request when a Site Team member has advised (in post 5) and correctly said (and even gave a specimen letter) "You will need to send CL Finance a CPR 31.14 request"?????

And so are the cupboards on the wall in my kitchen and so are some shelves I have got up. Care to elaborate? How did you come to this conclusion?

Adding question 5: (Might as well get them in). You DID change the avenue of Court from wherever it is to YOUR local County Court??????? That is 5 questions asked. Please reply to them. Will give more insight into the problem.

Am adding question 4: Any chance of an upload of the default notice? Once you scan it and before uploading just cover any sensitive information (name, address etc) and upload. It is best to see if you also have a defective default notice.

First question: Once you got told that there was no copy of the agreement, did you send a letter putting the debt into dispute? Second question: You say you got a letter from the bank saying the debt as sold and a letter from CL saying debt bought. You give the same day. Important questions: (a) The dates on the letters are they the same dates? (b) Were they both received in the same envelope? © Were they sent by recorded mail? (d) On the letter which is supposed to be from the bank, does it have any special markings? (Like Barcodes or a small box or something?). Third question: Rough idea of when original agreement taken out. Answer the three above correctly (and honestly.......... not that I am implying that you will not but it will make a big difference between "What I think" and "What I know"). After that and pending your replies good chance to get the case struck out.

Bumped into this. Seems to give the differences and changes between one set of agreements and the amendments to be made after 2004. Might help. http://www.bailii.org/uk/legis/num_reg/2004/20041482.html

Once again no problem. Obviously feel free to disect it and amend as per your wishes. Defo not your English teacher but a 10 year divorce taught me a lot about Courts. You never admit default. Saying you defaulted because they did not comply you are still admitting default. Saying you "complied with the regulations and enforced your rights as given by law because they defaulted" is totally different. p.s. You might want to refer to Its War thread. Think I have accidentally bumped into something which might also be of use for you.

Have had a read of the CCA 1974 and it actually says 7 days. Not really ever bothered reading any amendments as all my bank accounts are pre 2003 and actually got no credit card problems. Any chance of a link? Have tried to read the 2004 amendment but cannot seem to be able to find anything that says a default notice is 14 days. According to the CCA 1974 88.—(1) The default notice must be in the prescribed form and specify— (a) the nature of the alleged breach; 52 (b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken; © if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid. (2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection ( 1)) before those seven days have elapsed. (3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes Operative only on breach of some other provision, but i£ the breach of that other provision is not duly remedied or compensation demanded under subsection (I) is not duly paid, or (where no requirement is made under subsection ~1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.