Thanks for the reply, I just assumed if there was no signed cca then they wouldnt be able to enforce the debt. I guess I just need to fire off the no doorstep visits letter. I did that to Moorcroft and they sent someone anyway. I then ccomplained and then sent the debt back to the original creditor but I wonder if its sometimes better to just ignore the letters rather than letting them know you are still there.

Hi All, I've received a letter from rma regarding a potential doorstep recover as follows Dear xxxxx, We are writing to formally notify you of our intentions to forward your account to Scotcall LTD, a doorstep recovery agency. We have repeatedly attempted to reach a suitable agreement with you to recover the money owed to our client (sharklaycard) £1,085.26. Regrettably, we have been unsuccessful and must not consider referring this matter to our recovery agents. In such instances, Scotcall may visit your home in order to discuss your financial situation and to agree a suitable repayment option. This is not our preferred course of action and if you wish to avoid this then you must either pay the full amount or contact our offices directly on 01772 843045 withing 14 days of the date on this letter to discuss your repayment options. Please note there will be no further correspondence from us before we refer the matter to our recovery agents. All correspondence, with our reference number clearly quoted should be sent to, Rma etc the reason I haven't done anything with this is that I have been waiting for sharklaycard to respond to a cca request in September. They finally responded on the 8th January. Included was the t&cs when I signed up and the t&cs when I defaulted. There was no signed credit agreement. There letter reads. Dear mr. xxxx Barclaycard services Acount Number xxxxx Reference: Section 78 of the consumer credit act 1974 I refer to your request for information dated 14/09/12 The information we must provide to you under the terms of Section 78 of the Consumer Credit Act 1974 (the "Act") is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the executed agreement (and any document referred to in it) and a statement of the account. I enclose a reconstituted copy of your credit agreement together with a copy of the terms of your credit agreement as varied in accordance with section 82(1) of the Act. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into this agreement. However, the interest rates, fees and charges set out in the agreement, may differ from those we have discussed with you, due to the current status of your account. We know that your account is not in dispute because of any delay in providing your cipy documents as Section 78 (6) (b) was repealed on the 31st May 2008. It is now no longer an offence for a creditor to fail to comply with s78(6) for more than one month. A statement of your account is below: The current credit limit on your account is £0.00 The current balance on your account today is £1,085.26 Due to the current status of your account, the full outstanding balance is now due. This completes our obligations under Section 78 of thr Act. With regards to your request for a true copy of the deed of assignment; I must inform you that this document is not applicable to your account as we are the original creditor defined in section 189 of the Consumer Credit Act 1974 and therefore no assignment of credit has taken place, With regards to you reference to sections 5(2), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008, we do not accept there there is any basis to assert that we have not fully complied with our obligation. Yours sincerely April Hodgson Barclaycard Customer Services. I know I can tell Scotcall to sling their hook but I'd rather they didn't come around in the first place. I thought the whole purpose of the cca was to get a signed copy of the original credit agreement. Barclaycard haven'e supplied this but say they have complied? I'm a bit lost, can anone advise please. Thanks again Benno

Thanks folks, is there a template letter to reclaim the charges? I'm not sure how much I have paid in charges but it will be a lot. Thanks Benno79

Thanks for all the advice, how do I go about reclaming charges? I've no idea how much of the balance is made up of charges? Are these just the charges when it was £25 or also the £12 charges? I have read that people who have tried to reclaim the £12 charges have been rebuffed because it wasn't considered an unfair charge. thanks Benno

Hi, I received two sets of tandcs which are now attached. thanks Ben[ATTACH=CONFIG]39850[/ATTACH]

Hi, Reconstituted credit agreement from Capone attached. I though the days of reclaiming default charges were long gone? thanks Ben[ATTACH=CONFIG]39849[/ATTACH]

Thanks again, so even though there appears to be case law to the contrary I can tell them to leave me alone until they come up with the paper work?

Thanks for the reply dpick. I see what you saying about the paperwork but they are claiming they can still keep hassling me for payment, do I just have to keep batting the dcas off? thanks Ben

Hi CitizenB thanks for the reply, I will scan the document when I get a moment at work. In the mean time I have have a letter from power2contact saying they will visit my house in 72 hours if I don't get in touch with csl about a barclaycard debt. I have ccad barclaycard and I got this letter back Dear Mr xxxxxxx Barclaycard Services Account Number: xxxxxxxx Reference: Setion 78 of the Consumer Credit Act 1974 I refer to your request for information dated 14/09/12. I would like to acknowledge your request for details of absolute assignment and I am able to confirm that this has been sent to the relevant department who will contact you directly regarding this. The information we must provide to you under the terms of Section 78 of the Consumer Credit Act 1974 (the "Act") is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a section 78 request, the creditor shall give the debot a copy of the executed agreement (and any document referred to in it) and a statement of the account. I enclose a reconstituted copy of your credit agreement. A statement of your ccount is below: The current credit limit on your account is £1,770.00; The current balance of your clietns account is £1,196.62; and Your next payment of £247.61 will b edue on 08/10/12. We are currently unable to provide a copy of the terms of your credit agreement as varied in accordance with setion 82(1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues. I note that Section 78 (6) (b) was repealed on 31 May 2008, meaning that it is no longer an offence for a creditor to fail to comply with s78 (1) for more than one month. With immediate effect, we have suspended your Barclaycard account. We have taken this action because in our view thereis a significantly increased risk that you will cease to make payments to your Barclaycard account. This is a temporary measure which will b ekept under review/ We have not closed your account. Notwithstanding that we cannot currently enforce the agreement, our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement, which includes repoerting to credit reference agencies without also telling them that the agreement is currently unenforceable, demanding future payment from you, issuing a default notice to you and instructing a third party to demand payment or otherwise seek to procure payment. We refer you to the case of Philip McGuffick v The Royal Bank of Scotland [2009] EWHC 2386 in which it was haled that noe of thesse steps constituted "enforcement" for this purpose. Please note that the decision in Carevy V HSBC [2009] EWHC 3417QB makes it clear that an unfair relationship cannot be said to have arisen between us as a result of the fact that we have not currently complied with section 78 of the Act. To the extent that you seek to allege that an unfair relationship has arisen, such allegations will be opposed. This completes our obligations under Section 78 of the Act. With regards to your reference to sections 5(2) , 6 and 7 of the Conumer Protection from Unfair Trading regulations 2008, we do not accept that there is any basis to assert that we have not fully complied with our obligations. In relation to your comments regarding section 189 of the Act; I would like to confirm that the original creditor for your account as defined in section 189 of the Counsumer Credit Act 1974 was Egg. Yours sincerely xxxxx Barclaycard Customer Services. Can anyone advise on a next step for this please? thanks Benno79

Hi, I got a reply from capital one re the cca request I write in response to your request for a copy of your executed agreement and statement of account under Section 78 (S78) of the consumer credit act 1974. I enclose a reconstituted copy of your original agreement. Although not required under S78, I have included as part of the reconstituted agreement a scanned copy of the signed signature page of your original agreement. The reconstituted agreement sets out the terms of your agreement and your name and address when you entered into your agreement with Capital One on 12 March 2003. I also enclose a copy of your defaulted agreement, and a statement of account required under S78 which is set out at the end. By providing this information set out above we have complied with our obligation under S78 to provide you with a copy of your executed agreement. It was confirmed by the Judgement of His Honour Judge Waksman QC in Carey v HSBC [2009] 3417 (QB) that providing a reconstituted copy of your agreement is compliant with S78 and there is no requirement under the CCA to provide you with a photocopy of the original signed agreement. For the avoidance of doubt, the signature page provided is a scanned copy of the signature page of your original agreement only. Included on the reverse was an extract of the terms of your original agreement (including the prescribed terms) or the full terms of your agreement, which can be referred to in the reconstituted agreement enclosed. Prior to signature you were provided with a full copy of the terms of your original agreement to keep and were sent a further copy of your original agreement with your first credit card. As we have complied with our obligations under S78, we will not be entering into any further correspondence regarding the provision of copy agreements. your agreement is enforceable and we will continue to treat it as such. If you are using or considering using the services of a claims management company we refer you to the warnings issued by the Ministry of Justice with regard to the misleading statements issued by some of these firms about their ability to get debts written off. Full details can be found at: http://www.justice.gov.uk/downloads/claims-regulations/note-about-claims- http://www.oft.gov.uk/news-and-updates/press/2008/consumeralert Alternatively you can phone them on 020 3334 3555 or write to them at Ministry of Justice 102 Petty France London SW1H 9AJ United Kingdom Statement of Account: Your account is in default and the amount currently due and payable is £492.66. You must continue to make payments on your account. Under S78 we are not required to provide a copy of the default notice and statement of default. However, we can confirm a statement of default was issued on 6 July 2012. You may require a copy of your original terms and conditions to aid in any investigations regarding payment protection insurance (PPI). To clarify, I have searched our records and can confirm that PPI has never been added to your account and no premiums have been taken. Should you have any queries relating to the enclosed documentaion, please write to me at the following address: Capital One (Europe) plc, Executive Office, PO Box 5281, Nottingham, NG2 3HX. Liam Quegan Head of Executive Response Centre In the meantime I have had two of the same letters I had from Fredericksons before I put in the CCA request to cap one. Today I received a letter from Bryan Carter Solicitors LLP which read as follows, Dear xxxx, We write with regard to this outstanding debt. Payment must be made in full within the next fourteen days failing which we will recommend to our client that proceedings be issued without further notice. Should proceedings be issued, additional charges will be added to the existing balance as shown below, Outstanding balance to pay now £492.66 Interest £39.41 Court Fees £30 Solicitor Costs £50 New Balance if proceedings are issued £612.07 If you dispute liability for this debt please state your reasons in writing and supply us with documents in support of your defence to any claim. Before the account is referred to us to litigate you still have an opportunity to contact Fredrickson International Ltd with your payment proposals. In order to avoid further action you should telephone them immediately on 0845 3136624. This is a serious matter and you may wish to seek independent legal advice. Yous sincerely, Bryan Carter Solicitors LLP Any adivce on what to do next? Thanks Benno

Hi rene, unfortunately I had already replied just stating the account was in dispute and I wanted it returned to the oc. Just had a reply as follows Dear xxxxxxxx, Thank you for your recent correspondence. To allow us to provide further information and ensure we comply with the Data Protection Act 1988 before responding to your query via email we require that you confirm the following; Full Name Home Address & Postcode Date of Birth Please also confirm that you are happy for us to send potentially sensitive information to the email address supplied. Once we have received this information we will then be able to advise on any information required. Kind Regards xxxxxxx My only real issue with lending scream is that they wouldnt budge on the amount they claimed I owed unless I paid the whole amount back within a 2 day window which I wasn't in a position to do. Do I provide MacHall with this info? I assume they have it all anyway? cheers Benno

I would just like to say I have been in communication with Lending Scream since the end of July and it certainly wasn't a deliberate act on my part to get the alleged debt passed to a dca.

I've just received my first text message from "kylie". I guess I will send off the usual correspondence in writing only email.

Hi, Got first contact from mckenzie hall. > From: [email protected] > To: xxxxxxxxxxxxxxx > Subject: Private and Confidential > Date: Thu, 27 Sep 2012 23:21:53 +0100 > > Dear MR xxxxxxxx > From : Contact Centre on behalf of The Lending Stream > > This email is confidential and intended for the named addressee only. If you are not the intended recipient, please delete it immediately. The unauthorised opening, use, recording, disclosure, copying or alteration of this message or any part of it is strictly forbidden under the Data Protection Act 1998. > > Recently we have attempted to contact you, but have not been successful, we are sending this email to invite you to: > > Telephone us on: 0844 411 5663 > Quoting reference: xxxxxxxxxx > > Regarding an urgent personal business matter. > > Please note that calls are charged at a local rate and they may be monitored or recorded for training and monitoring purposes. > > > PLEASE DO NOT REPLY TO THIS EMAIL, it has been sent using an automated process. > Mackenzie Hall Limited > > > Tel: 01563 554 540 01563 554 540 > Fax: 0845 280 1776 > Email: [email protected] > Web: http://www.mackenziehallgroup.com > > Mackenzie Hall, Portland House, 58 Portland St, Kilmarnock, KA1 1JG. > > [Mackenzie Hall LTD - Group Logos] > > DISCLAIMER: The information contained in this message is confidential and is intended for the addressee only. The unauthorised use, disclosure, copying or alteration of this message is strictly forbidden and may be illegal. If you have received this message in error please notify the originator immediately. will not be liable for direct, special, indirect or consequential damages arising from any use or alteration of the contents of this message by a third party or as a result of any virus being passed on. reserves the right to monitor and record e-mail messages sent to and from this address for the purposes of investigating or detecting any unauthorised use of its system and ensuring its compliance policies are adhered to. is a company registered in Scotland with company number SC255891 Registered office is Unit 1a 58 Portland Street, Kilmarnock, KA1 1JG. VAT registration NO GB 902 1895 36 I replied with Hi, I am assuming you are contacting me regarding a disputed debt with Lending Steam. As the account is in dispute I think it would be in your best interests to pass it back to the original creditor. Regards xxxxxxxxxx I sent it to [email protected]. uk [email protected]. uk no longer appears to be a valid email address and they state [email protected]. uk is unmonitored. I will wait and see if and what they come back with cheers Benno

My battle with leanding stream goes on. They re now passing my debt on to mucky hall. Hi xxxxx, Despite repeated attempts to contact you, along with reminders about the non payment totalling 1046.00 GBP towards your Lending Stream loan (Agreement number: xxxxxxx), the debt remains unpaid. We therefore have no choice but to hand your debt over to an external Debt Collections Agency (Mackenzie Hall Limited, operating with company registration number : SC255891 and consumer credit licence number : 0544407 and registered offices in Unit 1A, 58 Portland Street, Kilmarnock, Ayrshire KA1 1JG). Your account will be transferred within 7 days from the date of this email. It is in your best interests to pay within the next 7 days or to urgently contact us in order to come to an arrangement to prevent Mackenzie Hall from pursuing your account. You can easily bring your account up to date by paying your outstanding balance on the Lending Stream website. Please click here to login and make the payment now. Alternatively you can call us on 0845 351 1482 to organise a payment arrangement. At the end of 7 days of the date of this email, your debt will be transferred to Mackenzie Hall and you can contact them on 01563 556533 to make your outstanding payments. If you have any queries, please email us at [email protected]. Regards, Customer Care Team Lending Stream I assume they are going to be no more helpful. cheers Ben