Hi, I owe a catalouge about £600 and after a long drawn out dispute I have started to pay them back £100 per month. The problem is that they want me to make a high minimum payment which I cant do. I now receive 2 letters from the catalouge company a month and 1 letter from Reliable Collections a month each with an administration charge of £12. Does anyone know of any help regarding how to stop them making such a profit off of me?

Thank you for advice. I have done this this afternoon and was informed that it does not appear that they are asking anything of me that is wrong, and that it is the companies decission to ask for appropriate ID deemed fit by the company. They only get involved if they are asking for too much ID. I really dont trust this company and Im worried that they will try to scan my signature.

Thank you for your advise. The problem is that I am in London and they are in Manchester. I was thinking of reminding them of the infomration that I have already been sent and that this should be enough to show who I am.

Hi I sent a Subject Access Request off and said that I do not need to sign it. I received a letter from the company saying that I need to sign this as they need to ensure that I am who I say I am, even though they have sent bills a copy of the "original copy" contract, legal letters from the solicitors from the company and correspondence with them. They said they wait my reply. Doen anyone have any advise on what I can write to them? I really dont want to sign anything because this is what I trying to say to them. They dont have a signed agreement with me in the first place. Any help would be great thenks.

I was going to write back to them: Dear XXXXX, Thank you for your letter dated xxxxx. I have informed you that I am in serious dispute with XXXX since XXXX. Subsequently I do not feel the need to supply you with more information then this. I suggest that the account is sent back to XXXX, as the dispute has still not been settled. I will also be providing the FOS with a copy of all documentation/ correspondence from you. Yours sincerely

I am in dispute with a company and have been for the last year. I received a letter from a debt recovery company that is linked to the original company that I have a dispute with. I sent the standard template letter to the debt recovery company informing them that they should return this to the original company as my dispute has not been settled. They ignored me until I wrote to them saying that I want a copy of their complaince procedure and that I will making a complaint to the FOS. They now have written to me saying that they will investigate my claim with the original company but I should also supply them with the reason of my original dispute and any letters that I have. I did not think that I had to do this as all I had to do was inform them that I was in dispute with the original company in the first place.... Is this right?

Im gonna send them this reply, but any suggestions on making it sound more professional would be great.: Thank you for your letter dated 5th May 2010. I must point out that your information is incorrect. A subject access request (SAR) was sent on the 16th February 2010, The request was sent by recorded delivery and signed for, which I have proof of. The subject access request that I sent by recorded delivery and signed for contained the statutory payment of £10. When this was signed by your colleague/ company representative it constitutes as acceptance of payment. As I requested all information kept regarding me from a company that holds information for both accounts I do not have to pay twice. You have failed to supply me with my Subject Access Request in the allotted time. I will be making an official complaint to the Information Commissioner’s Office

Thats what I thought, but because they said that it is two different named accounts, but I have to send it to the same person Cheers

In the letter it stated that (Joe Bloggs) received the letter. It was a Postal Order and can not be tracked like that , thats why I done it recorded delivery as soon as they accepted it then they accepted the payment.

Hi All, I sent a SAR with a £10 postal order, recorded delivery, to a catalogue that I am in dispute with on 16th Feb 2010. They were way overdue with getting back to me. When I sent them a letter saying that they ignored my SAR and that I will be taking the appropriate action they wrote back to me saying that they received a letter from me on 16th Feb 2010, but it did not mention a SAR. They also stated that they will now class this letter as a SAR, and that I will need to fill in forms which they sent me and that it will cost £10 per account. The forms request a signature and a witness. This is a complete lie that I did not make the request back in Feb…. any ideas?

Thanks Scott I am sure that I am being very thick but I have not been able to find anything can you narrow it down. Cheers

Hi ya, yes you should do it that way so that you can track it on line and know when they have received it to start the clock ticking and is proof that they accepted the postal order.

Hi All, I have sent the SAR and the 40 days are up and nothing. What shall I do next? I was gonna send them a letter but did not know if there was a template that is used in this situation. Thanks

Very true no doubt, but as at least it will all go against them if needed I hope lol

I received a letter from Moorcroft debt recovery. It has stated that I have made no attempt to contact them and that the account must be paid in full and will accept payments of £80, but this must be acted on straight away otherwise they may recommend court proceedings without further notice. I did send them a letter about my account being in serious dispute and that they should pass it back to the original company. They ignored this. I was thinking of sending the following. What do you think? Please feel free to suggest things. Dear Sirs, With regards to your letter dated 19/04/2010. I would like to highlight the fact that you have ignored my letters sent on 29/03/2010 witch highlight the fact that I am in serious dispute with Fashion World since May 2009, 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 As you have decided to clearly ignore my previous letter I will be contacting the appropriate authorities, including, Trading Standards, Office of Fair Trading, Information Commissioners Office and the Financial Ombudsman. As 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. Please provide me in writing your complaint procedures and a written reason on why my previous contact/letter was ignored.

Lol its cool. Im really thinking of taking them to the small claims court. But need to ensure that I try every route first.

Hi Ya Donkey. I have just been doing my maths and I sent the request on 16/02/2010 recorded delivery for the next day. I have proof that it was received - post office tracker. If my maths is right I think that they had up til today (not counting the bank holidays). So I will give them a day or so and then see what crap they right to me. Once I find out what they have to say I will keep you all posted. Thanks again. I feel better with the forum as it is horrid doing this on your own.

Thanks for the help you have given me. Do you know if there is a template as I am bad at composing these types of letters. Thanks again

Hi I paid the CCA a long time ago and they sent me a letter saying that they do not need to send the original copy, a copy will do and it does not have to bear my signiature. Fashion world is the company. I also paid the £10 postal order by recorded delivery. Here is the letter I sent: Dear Sirs, Account No: Subject Access Request - S.7 Data Protection Act 1998 Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements. Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. For the avoidance of any and all doubt, I reiterate: I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like). Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action. You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative timeframes. Yours faithfully They have ignored this and now continue to ask for money as if nothing has been requested.

I have been in dispute with a catalogue company for nearly a year. I have been asking for a signed copy of my “true copy”. I know for a fact that they don’t have one and that by requesting a SAR they would realise this and back down. I am still getting chased by a debt company and their solicitors. It is getting frustrating. I have wrote to the solicitors to inform them that I am in Serious dispute with the company and that they should not sell on my information, I have also sent a letter to the recovery company to inform them of the same. They have both ignored me and continues to demand payment, with threatening statements such as “we are strongly considering applying for a court summons” and so on. They even gave me a break down of how much this will cost. In the mean time looking at my credit score I have been put as default and the dispute is being ignored. I know this is complex, but does anyone have any ideas of what to do next? I would be really grateful.

Hi All, I sent a request for a SAR and I have not heard a thing back as yet. I have been in dispute with a catalogue company for nearly a year. I have been asking for a signed copy of my “true copy”. I know for a fact that they don’t have one and that by requesting a SAR they would realise this and back down. I am still getting chased by a debt company and their solicitors. It is getting frustrating. I have written to the solicitors to inform them that I am in Serious dispute with the company and that they should not sell on my information, I have also sent a letter to the recovery company to inform them of the same. They have both ignored me and continues to demand payment, with threatening statements such as “we are strongly considering applying for a court summons” and so on. They even gave me a break down of how much this will cost. In the mean time looking at my credit score I have been put as default and the dispute is being ignored. I know this is complex, but does anyone have any ideas of what to do next? I would be really grateful.

Dear Sirs, I write in response to your letter dated XXXXX Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983 Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with Monument yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand/ court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due. I trust this outlines my position clearly enough for you Hi I sent this letter off and it appears to of been ignored, the Cat/ company continues to send me my balance with additional charges. Any ideas on what to do next?

Hi this is the letter that I received: Dear Mr xxx I have been asked to respond to your letters. We have complied with our obligations to supply you with a “True Copy” of your credit agreement. A “Tru Copy” is defined by regulation 3 of the Consumer Sredit (Cancellation Notices and Copies of Documents) Regulations 1983. The “True Copy” need not, by law, contain either the signature of the debtor or the date of the signature in our case. The purpose of section 77 and 78 of the Consumer Credit Act 1974 is to enable consumers to obtain a copy of the current terms applicable to their agreement. A “True Copy” for the purposes of section 78 Consumer Credit Act 1974 therefore, need not be an exact copy or photocopy of the original executed/ signed agreement so long as it contains every material provision of the agreement that was signed. The copy agreements sent to you on 18th and 23rd June 2009 fulfil this requirement. No default therefore arises. Having been provided with your “True Copy” there is no basis for you to either allege that you are exonerated from payment under the agreement or that we remain in breach of our obligations under the Act. Having established the legal position regarding the status of the document provided to you previously, I now wish to return to the substance for your refusal to pay your account. So that I can be absolutely clear, is it your case that you :- a) Deny receipt of the agreement? b) Deny signing the agreement? c) Admit or deny receipts of the goods and service? d) Admit or deny performing your account as if you had signed the credit agreement? Please answer ALL of the above questions, whereupon the matter will receive our further attention. In your letter you appear to be making a connection between the existence of a signed credit agreement regulated by the Consumer Credit Act 1974 and the need, under the Data Protection Act 1998, to obtain consent to process customer data. There is no such connection and your allegation that no signed credit agreement exists, which is denied, is irrelevant in establishing whether consent to process data exists under the Data Protection Act 1998. We obtain our consent to process your data independently and separatley from any decision to offer credit agreement. Th fact that you deny having signed any credit agreement does NOT therefore mean we do not have consent to process your data. We obtain our consent to process your personal data at the time you applied for one of our catalogues or when you opend your mail order account. At the time you requested one of our catologues or opened you account/s you will have seen or been referred to a very comprehensive Data Protection notification of the obvious and non-obvious uses to which we would put your persojnal data. This notice, inter-alia, will have notified you that, as part of our commitment to be responsible lending, we would record details os the manner which you conducted your account with a Licensed Credit Reference Agency. In Summary, the lack of a Consumer Credit Agreement, or your signature thereon, is not relevant to the issue of whether you have consented to the use of, or whether we have fairly obtained and lawfully processed, your personal data. Please confirm you intentions with regard to future payments to this account. Would you suggest that I still send this letter you kindly supplied. Thanks again by the way.

Hi I have sent this letter to a catalouge that I have an account with: 29/07/2009 Dear Sirs, Account no Re: my request under the Consumer Credit Act 1974 Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding. An unsigned credit agreement like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You had until 16/06/2009 (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies I expect you to write to me confirming that the account has been closed and no further action will be taken. I look forward to your reply. I received a reply : 26/8/2009 Dear Mr xxx I have been asked to respond to your letters. We have complied with our obligations to supply you with a “True Copy” of your credit agreement. A “Tru Copy” is defined by regulation 3 of the Consumer Sredit (Cancellation Notices and Copies of Documents) Regulations 1983. The “True Copy” need not, by law, contain either the signature of the debtor or the date of the signature in our case. The purpose of section 77 and 78 of the Consumer Credit Act 1974 is to enable consumers to obtain a copy of the current terms applicable to their agreement. A “True Copy” for the purposes of section 78 Consumer Credit Act 1974 therefore, need not be an exact copy or photocopy of the original executed/ signed agreement so long as it contains every material provision of the agreement that was signed. The copy agreements sent to you on 18th and 23rd June 2009 fulfil this requirement. No default therefore arises. Having been provided with your “True Copy” there is no basis for you to either allege that you are exonerated from payment under the agreement or that we remain in breach of our obligations under the Act. Having established the legal position regarding the status of the document provided to you previously, I now wish to return to the substance for your refusal to pay your account. So that I can be absolutely clear, is it your case that you :- a) Deny receipt of the agreement? b) Deny signing the agreement? c) Admit or deny receipts of the goods and service? d) Admit or deny performing your account as if you had signed the credit agreement? Please answer ALL of the above questions, whereupon the matter will receive our further attention. In your letter you appear to be making a connection between the existence of a signed credit agreement regulated by the Consumer Credit Act 1974 and the need, under the Data Protection Act 1998, to obtain consent to process customer data. There is no such connection and your allegation that no signed credit agreement exists, which is denied, is irrelevant in establishing whether consent to process data exists under the Data Protection Act 1998. We obtain our consent to process your data independently and separatley from any decision to offer credit agreement. Th fact that you deny having signed any credit agreement does NOT therefore mean we do not have consent to process your data. We obtain our consent to process your personal data at the time you applied for one of our catalogues or when you opend your mail order account. At the time you requested one of our catologues or opened you account/s you will have seen or been referred to a very comprehensive Data Protection notification of the obvious and non-obvious uses to which we would put your persojnal data. This notice, inter-alia, will have notified you that, as part of our commitment to be responsible lending, we would record details os the manner which you conducted your account with a Licensed Credit Reference Agency. In Summary, the lack of a Consumer Credit Agreement, or your signature thereon, is not relevant to the issue of whether you have consented to the use of, or whether we have fairly obtained and lawfully processed, your personal data. Please confirm you intentions with regard to future payments to this account. I did not hear from them for a few months then I received a phone call asking about a payment. I have also noticed that on my credit report I had a "unlisted" whilst I did not hear from them now I have 3 missed payments recorded. Can anyone please help me on whay my next move should be.

I sent the following letter: 29/07/2009 Dear Sirs, Account no Re: my request under the Consumer Credit Act 1974 Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding. An unsigned credit agreement like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You had until 16/06/2009 (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies I expect you to write to me confirming that the account has been closed and no further action will be taken. I look forward to your reply. I did not hear anything from the company for a few months then I received a phone call requesting that I make a payment. I informed the person that I was in dipute with them and that this was in letters that I sent as I have not received a copy of the original true copy. I was told that this could lead to more phonecalls. So Ii asked the person to take my number of th system as I do not give persmission for them to have it no more. I also looked a my credit report and noticed that for the months that I had not got any contact from them I was listed as "U" on my credit report, now I have 3 miss payments. Can anyone give me any advise please, as I am really stuck. Thank you