Will this do for starters. If sending direct to the company, make sure you address it to the Data Controller and make sure (sorry have only scanned your letter so may already be in there) that you point out that they are personally accountable for ALL information or data that is processed within that organisation and that any breach is enforceable in law. Also worth mentioning the first of the eight enforceable fundamental principles of the act, and stating that it is your belief this was breached because the person processing the data had not satisfied themselves as to your identity sufficiently. 8 ss (7)For the purposes of section 7(4) and (5) another individual can be identified from the information being disclosed if he can be identified from that information, or from that and any other information which, in the reasonable belief of the data controller, is likely to be in, or to come into, the possession of the data subject making the request. 10 Right to prevent processing likely to cause damage or distress.E+W+S+N.I. (1)Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons— (a)the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and (b)that damage or distress is or would be unwarranted. 13. Compensation for failure to comply with certain requirements (1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage. (2)An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if— (a)the individual also suffers damage by reason of the contravention, or (b)the contravention relates to the processing of personal data for the special purposes. (3)In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.

Thanks for the replies folks. Some good ideas there. I agree CAB's advice was not the best, but if they hadn't given it I would never have found CAG so I'm grateful to them anyway. The letters really do not bother me at all. It's given me chance to "test the water" for other people in some areas and caused the DCA's a lot of work, which while they're dealing with me who doesn't give two hoots, stops them dealing with some other potentially vulnerable person, so that is also a good thing. Quite paradoxical really that a DCA becomes the one running from your letters while you enjoy writing them. Thanks again, Tingy

Can't help with the form you mentioned. This may be more helpful regarding whether you need a license or not: http://www.start.biz/nationwide/credit.php I would not want any sort of agreement as the whole point of a site like this is that advice is given freely for use by others. If any part of your program advises getting credit or a loan of any sort I personally think you should cover your own back and get one. For a sole trader it is £550 + VAT. This is not trying to detract from your venture in any way whatsoever, but if I were you I would be asking what does your program do that is not readily available for free on sites like this or through CAB etc.... The last thing you want to do is throw good money away. Sounds very interesting though - good luck whatever you decide.

If this started as a magistrates court fine and has ended up in High court you need to be careful as they may be able to force entry.

Proves a call, not a conversation unfortunately. I bet whatever they do BCW will swear blind they don't record calls.

To prove a breach of the DPA you will need to prove the conversation took place I think.

Thanks as always Seq. It is the reply I was expecting to be honest, but I find it interesting that when push comes to shove, there is actually nothing they can do. It's very tempting to just refer the next DCA back to this one with a note saying ask for copies of all letters and you'll realise why they sold it to you!

I wouldn't thank me till we see if it bears any fruit! lol

So what happens now we've hit stalemate. I'm not willing to get into an endless bout of letter ping pong just for the sake of it! Maybe they will just sell it and write it off as a bad debt and we'll go through the whole thing with someone else. Is there a way to avoid this?

Hi , Unfortunately it is the nature of the beast that letters are often replied to with automated responses. I would suggest you e-mail the CEO: [email protected] with the following: Dear Mr Beale, I am e-mailing you as despite numerous attempts to your front line staff I have only received an ever growing pile of identical responses. I attach a copy of my latest letter which I hope is clear, polite and meritous of a proper response. I trust you will give this your due consideration and ensure a considered response is given to a letter which took some effort to write. Yours sincerely, Hopefully by going straight to the top of the company and attaching your letter you will elicit a response. Tingy!

scottbhoy, you are not quite right in your reading. I have just been through the process of gaining a CCL in order to offer advice for free to a very deprived community. The charity bit was far harder than the CCL. The charity has to have trustees, a constitution, policies, complaints procedure, hold minuted meetings etc... etc.. It only has to hold a CCL if it has more than £5000 in the bank. If it has less than this you can apply for a CCL to give defined types of advice under Category E2. Any other category requires a fee. However, there are also a few companies out there to whom you can pay an annual fee to be under their "umbrella" CCL license. This will cover you for other types of advice, but does not come cheap. In answer to your question you may need a CCL, but without saying EXACTLY what you intend using this program for (profit or not for profit / charitable) then it is not possible to answer your question.

I'm in a really interesting position. As those who've read my many postings about this will know, I was advised by CAB 4 years ago to wait for one of my creditors to make me bankrupt and stop all non priority payments. Now before I go any further, let me make it quite clear that this is NOT a recommended course of action, it was purely due to my unique set of circumstances. My problem is that nobody will actually do it. I've just had a lengthy exchange with MKKR acting on behalf of Welcome in which I quite honestly asked them to make me bankrupt as it would help (this was after they refused to write off the debt for around £3600). They wrote back today saying they will not make me bankrupt (despite their previous threats) but would pursue me for a CCJ so they can: instruct a bailiff to remove goods from my property in order to recover money owed to them obtain a charge against my property deduct payments directly from my salary through my employer obtain payments directly from my bank request my attendance at court for examination of my financial means Now, I have replied along the lines of I have no assets of value, I don't own my property, I don't have a salary, I have no money in the bank and I will happilly attend court to prove this. My question is now I have called their ultimate bluff over the bankruptcy and now over getting a CCJ (I did point out HM Courts website advises against this if they do not stand any chance of getting their money), what will they do? Where can they go now? A CCJ is a waste of time for them. They have turned down my invitation to bankrupt me. What more can they do? What is the opinion on here - do people think anyone will ever actually make me bankrupt? I've waited four years and asked quite a few creditors. All have refused and written the debt off so far. Will it or won't it happen? WARNING: Anyone reading this, please bear in mind my circumstances are particularly unique in that it is guaranteed they won't change as medically I'm not allowed to do paid work ever again. Don't take this tack on a whim!

Were the charges applied legally? The way I'm looking at things, if you've agreed a settlement, then you've agreed it against a certain figure owing (including bank charges). If you then start changing the goalposts and sayinng-eg- It's not £500 I owe you, but £400 as £100 was charges, so here's my settlement less £100 then I would imagine you'll nullify the agreement. I've today offered a F&F of £100 against a £3600 debt. Now let me guess the response!

Look on the bright side - no phone call, no money for them. The ball is in their court.

Hi, I tried to point out about the repayment in 25 years time a few threads back and thought you had it covered. I assume so far you've only spoken to your current mortgage provider. Don't forget that while it is true lending is tight nowadays, there are still lots of people lending money for mortgages, so don't forget to shop around and see if you can find someone who will accommodate your circumstances. Personally I would advise against Endowment Mortgages now as the chance of them producing sufficient capital by the end of term is very slight. However there are still some good alternative schemes that you could try - rent to buy, shared ownership with the local authority etc...

Hi Twoman, Sincere apologies for the delay in replying - things have been somewhat hectic this end so have not been into the site for a while. I've read their what I consider to be a threatogram. At the end of the day they have still failed to answer your original question. I'd be inclined to send them a letter along the lines of: Dear Sir, Your Ref: abc123 I am writing following receipt of your letter dated dd/mm/yyyy. May I please refer you directly to my letter to you dated dd/mm/yyyy (copy enclosed for your convenience). Until such time as you answer the questions originally and reasonably posed in this letter I have placed this account formally into dispute with yourselves which means I do not have to make any payments and you must cease all further collection activity until such time as this dispute is resolved to our mutual satisfaction. Realistically this means you answering the questions I asked of you. With regards to your letter dated dd/mm/yyyy, may I remind you that under the Consumer Protection from Unfair Trading Regulations 2008, Part Two, Section 7, sub-section 2 under the heading "Agressive Commercial Practices" the sending of a letter such as yours amounts to an aggressive practice. If you then refer to Sections 11-13 of the same legislation you will see the penalty for thhis is either a large fine, or imprisonment for up to two years for yourself, as the writer of the letter. May I yet again ask that you answer the issues raised in my original letter and that you desist from any further harrassment until such time as you do this. Finally I would like to remind you that it is an offence to pass on an account to a third party when it is in dispute with the original creditor. I look forward to your reply and hope that this time you may actually answer my questions. Yours faithfully, Twoman That would be my response, though of course others may have different ideas. The reason I take this line is that if it did ever end up in court, you need to be seen as doing everything you reasonably can to resolve the problem, rather than appearing to avoid paying at all which ignoring their letter would suggest you are doing. Hope this helps, Tingy

Hi Baz, Back home for a bit! Blair, Oliver and Scott hence HBOS, they're the in house team for Halifax. Keep paying as you have been.

I believe you have every right to refuse them access to your property. They are committing tort of trespass in my opinion, especially as you have made it clear that you do not want them to call. The case quoted above is the normal case quoted to prove that common law only gives an implied right. I would be thinking about reporting the company and the collector by name to Trading Standards. I haven't read the whole thread, but I assume you have contacted the police and got a crime number.

Good luck. I'm pleased he agreed to move out. I think you need to plan carefully for Tuesday as I would imagine they will need to know how you're going to cover the arrears and how you are going to afford mortgage repayments on benefits. The danger with interest only is that when the mortgage term comes to its end, you have to find the lump sum to pay off what you borrowed in the first place. Have you thought about how you are going to do this?

Absolutely agree with citizenB. There is no reason whatsoever why they shouldn't accept a DMP done by the debtor in question. As said, they like to feel they have control and don't like it when you start taking that control away from them and back into your own hands which is where it should be.

Sorry for the delay in replying. I cannot get internet access much at the moment as I'm in an area with poor mobile reception. Just picked this up though. Firstly have you asked for their Complaints Procedure? You need to exhaust that avenue to ensure you have credibility if it goes to court. I haven't re-read the entire post, but have you analysed all your charges and looked at how they stand against the judgment that was made against them? If you could list charges you've had and what they were for, we'd be better placed to advise on what can and what can't be contested and how best to do that. Don' think I'm ignoring you if I don't appear for a week or two - reception here is dreadful so it is very rare I get chance to try to get on line, and when I get chance I usually have no reception.

Ash - I'm afraid I go away today and will rarely be on line for the foreseeable future. However, I'd be asking are you in a position to make a regular payment? Do you offer a token payment of £1 per month? A lot depends on your financial situation and any other debts you may have. Alternatively, if you really want it passed back to a DCA again, ignore their letters.

Once a debt is statute barred there is absolutely no way it can be made unstatute barred. You are quite safe.

Thank you - again much appreciated. Never thought of that route either! For the benefit off those reading this post, I'm going very shortly, so no need for any more answers. Thannk you so much for the help though.

You would be amazed how accurate that is at times. It's amazing what difference literally a few inches can make from getting a perfect signal to one, and then by the time you've had a 5 minute conversation, your arm is virtually dropping off from trying to hold the phone without it moving an inch in case you lose the call. Then of course there's the scenario where you have a perfect signal, the phone can't move as it's on loudspeaker on the chair beside you and just for devilment the signal mysteriously totally vanishes and you can't find another one - usually half way through the important bit of a call! lol All part of the fun of living in Wales.