Further to 231 Bongobaz, I would get onto the Information Commissioners website and follow the links for making a complaint. Remember like all regulatory bodies, they try to make things easy for the little man so you don't have to come up with any high brow argument. Just tell it as it is. Obviously if you do have any paperwork and other copies, it will make thir job all the more easier. Don't woory. Mike

Further to post 231. un1boy, reaaly should have sent the notice to the DCA since they are dealing with your case. HSBC and the DCA can get out of that one because the paperwork may not be correct. I'm afraid that you may have to start again with the DCA, asking for the original agreement. But once again stick to your deadline and report them to the OFT, (complaint form is on the 'net) when they don't come up with the goods. In the OFTs guidlines for DCA, paperwork is one of the areas that are pivotal in maintaining credit licences. No livence, no DCA Mike

Further to posts 224 & 225. If you have given them a deadline stick to it, to continulaly extend it - even once is a sign of weakness and one that may be exploited. If you've served the notices properly, as I did with my section 12 requests, and they don't reply within the timeframe, then report them to the Information Commissioner. They are not going to give anything unless you get tough in the way you handle them. My deadline's up for the three CRAs on the 29th, if there is no positive news by then the letters go of to the IC. Remember they cannot be found in contempt of any aspect of the act or they lose their licence, no licence, no business. Mike

Further to post 13. After the reading the letter attached to the cheque for £65 it seems that it mirrors that of others. Like most solicitors letters (in my experience) it is inflammatory and designed to intimidate or promote a comeback, I assume for which he will be able to charge 'his client' for a further letter. That said he couldn't be bothered to sign it himself, must be workload, got his secretary ''pp'' it for him. I'll write to him thanking him for the part payment and telling him to copulate off, then file the moneyclaim next week, when I get paid. Mike

Had a cheque for £65 from Brian Smith together with a waffle letter will post it when I have time. Watch this thread!

My wife's just phoned Brian Smith has sent a cheque for £65 and a letter will post on this thread http://www.consumeractiongroup.co.uk/forum/other-institutions/12768-citifinancial.html when I've got time, but from what she's read over the 'phone it seems very similar to the one above including the threat to have the case switched to Salford. Mike

Fair play Gizmo, brilliant! Mike

Mel it looks as if Jon Chris has got it sussed for you. Follow his excellent advice. One thing that really cheeses me off about this is that Blair et al are perfectly comfortable in the fact that they take money without the necessary documentation safe in the belief that jo (male of female) public know squat about the law and are just happy to get debt (and its' stigma) off their name. I'm sorry that is disgraceful and parasitic. I'll get off the soap box now! Mike

Further to post 5. Jo that's an interesting point and one that I am going to pursue regarding an offloaded debt from barclaycard to Credit Solutions Ltd. Technically if they don't have the paperwork they may have obtained money from me unlawfully, if that is the case I intend to get my money back. There's no doubt that I borrowed the money to deny that would be theft, what bothers me is the imposition of charges and interest on a loan that is not backed up by the paperwork. Complicated I know but one that I hope to focus upon. Mike

It may of course be brinkmanship, but one thing to remember if the court upholds their prosecution the finacial relationship is established in law and is therefore enforcable whther they have the original documentation or not! Mike

If they do produce the documentation then really there isn't much that you can do, although a complaint to trading standards and the oFT should still be made, after all they have committed an offence and poorpaperwork is one of the things that the OFT can withdraw credit licences for

As regards the default, ask the original providor to provide a copy of the default, if there is no copy of the original contract, the default cannot exist. How can you default on something that never existed? Mike

The fact that they haven't provided any statements means they are contravening the CCA act. Ask for a copy of the original agreement and the deed of assignment to them. Regardless of them being an offshoot of HBOS they still have to abide by the rules since in the OFTs eyes they are a sepearte entity. So the paperwork has to be sqeeky clean. I am (was) in a similar boat, took loan out with a bank which subsequently got taken over by HBOS, became very ill, and got defaulted. When back at work began a payment plan with Blair et al over the 'phone like I'm sure you did, no paperwork, no contract, and no statements. After discovering this lovely site, I sent them a CCA request for the original paperwork, no reply after 14 working days, so payments can legally stop. No reply after one month as in my case, they have broken the law, haven't made a payment since July 1st, and I haven't heard a dickybird from them (which is very unusual since they do get on the blower very quickly) Hold on to your money, chances are they have been taking your money unlawfully since you statred making th payments. Any other advice required pm me mike

Fair play gizmo. isn't the internet a wonderful thing. When I get my letter from Brian I'll post so we can compare notes Mike

Further to post 182. See there's the nub of it I expect the pivital point of Surelybonds tack, in that when you sign a credit agreement you allow the financier leave to share your credit history with the CRA. You do not give the CRA leave to use the information to provide fourth parties any information to make decisions about you. It's playgoround logic, just because I allowed you to tell a secret to the teacher, it doesn't allow the teacher to tell anyone else. QED. Mike

Monument are a part of Barclays, I've just sent off a cca request to them to find the original documentation. As regards the address you should write to you can use the old Customer relations department address on your statements Mike

Absolutely right W4x4 Mike

I'm reading this thread with interest I sent my LBA off recently Mike

I would return the cheque with a copy of the original letter telling them that the clock is still ticking from the despatch of the original letter. Do it as a nice reminder tho. Mike

I'm sorry Zooman but that is trivialising the matter, the laws on Harrasment are very precise in that it is not the volume of calls or interactions that trigger an offence it is the nature and content. If panther 12 is affected by the content then strictly speaking the caller is in breech. P12 report them to the OFT they have strict guidlines of conduct. There are other threads on the site giving advice as to how to deal with this type of call. Mike

Hope to hear from you soon my Love, take care

Monument reieved the CCA request on the 8th August, The clock's ticking

Had a very prompt reply today (letter dated 10th August 2006) from Matthew Jones at The Office of the Chief Executive no less! He writes, Dear Mike 220359, Thank you for taking the time to write to me about £311.54 in charges applied to your Citi Card Account. On Wednesday 5th April 2006 the OFT issued a statement regarding the default charges levied on customers by credit card issuers of contract..... (blah blah) Although not a party.... (blah, blah) In order to remain competative .....(blah, blah) I understand that this was not the outcome you would have hoped for and if you would like an indepndant review of this, you may refer to the Finance and Leasing Association. You may also contact the ....(blah Blah blah) Yours sincerley Matthew Jones Well Matty I'll be sending my LBA of on Monday

Just reading thru the threads about monument. How did you get on with the the debacle with HFO Mike

To add more to the fire. Think of the number of new cards that were sent out under 'chip & pin'. I had a new one with LLoyds TSB, (I'm going after them in the future by the way)without any sign of the original agreement just notification of the change in terms and conditions. Extending the thought processes further, whilst they are in default and you use the card, they cannot charge interest because you can't make profit from an unlawful act (Common Law). By the same token since you have borrowed with the card I would assume that you are duty bound to pay what you have taken because that may be consituted as theft. Moderaors it may be a good time to add your pennyworth! Mike