Hi, Have tried the CAG chat room but unfortunately no one seems to know about the scottish approach. I'm going to pop in to the CAB later this week and see if they can offer any advice. Failing that I might just consult a lawyer and try to claim the expense back as part of the claim. Will keep you posted. Rory

Hi, Thames Credit sent me what they say is a Deed of Assignment - I requested this from them along with a true copy of the original credit agreement and a statement of account. To me what they have sent doesn't look like a legal document even though it is paper with a Morgan Stanlet header (although no address). I'd appreciate any thoughts anyone has on this. I've typed what they sent me below: 11th May 2006 Dear Customer (haven't actually addressed it to anyone or inserted my name) We hereby give you notice of the assignment of the debt due to us in respect of the outstanding balance on your Morgan Stanley Bank International Ltd account. (which account - I have two) On 28th April 2006 your account was sold to Aktiv Kapital First Investment Limited. Thames Credit Limited is part of the same Group of Companies and is acting as Collection Agent on behalf of Aktiv Kapital First Investment Limited. (Is this legal with regards to the processing of my info by Thames?) From this point in time, you should not attempt to contact Morgan Stanley about your account. All further communications and payments must (in bold) be addressed to Thames Credit Limited quoting their reference number. Thames Credit Limited PO Box 444 Bromley Kent BR1 1ZB Yours faithfully Morgan Stanley Bank International Ltd (has been signed but is definately computer generated)

Don't you need an English address to post an N1 or know someone who would be willing to say you live at an address in England (would have to be near where the county court is).

Oh just had a thought......if you want to you could just estimate your claim as they can't/won't supply you with the relevant info (say couple of charges a month maybe) then the balls in their court to disprove this. In other words produce the statements.

Hi, I'm sort of in the same boat with regards to SAR non-compliance. The LBA has been sent out and they have until Monday to comply. With regards to damages I don't think you'll get much - although you could claim for your time and the cost of sending letters. Really you want them just to give you your statements. I think the process is similar to filling in the N1 in England (but am not entirely sure of this). I will be doing this on Monday if no response from CC companies so will let you know how it goes.

Read this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

Be prepared for Crap One to only send you some of the info you asked for. That's what they did with me (on the 38th day after receipt of SAR). Supplied 8 months worth of transactions instead of the 7 years or so I've had the card.

Another thought....ask the for a copy of the Fair Processing Notice given to the DCA (this is required before a Debt Collection Agency can process your data - if they don't have one and don't have your permission to process your data they are in breach of The Data Protection Act).

Just had a thought......also tell them that you want a copy of full details of the certified deed of assignment which should have been supplied to the DCA (allbeit illegally as you are disputing the account). They probably won't be able to produce this so have further breeched the CCA (section 77 (1) and section 78 (1) of the Consumer Credit Act 1974). 77 Duty to give information to debtor under fixed-sum agreement (4) If the creditor under an agreement fails to comply with subsection (1) - a) he is not entitled , while the default continues, to enforce the agreement and - b) if the default continues for one month he commits an offence. 78 Duty to give information to debtor under running-account credit agreement a) state of account, and b) the amount, if any, currently payable under the agreement by the debtor to the creditor (6) If the creditor under an agreement fails to comply with subsection (1) - a) he is not entitled , while the default continues, to enforce the agreement and - b) if the default continues for one month he commits an offence.

I assume you have placed the account in dispute therefore I would quote: The Banking Code section 13.6:- We may give information to the Credit Reference Agencies about personal debts you owe us if: The Amount Owed is Not in Dispute. The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003 Deceptive and/or Unfair Methods- 2.8 Examples of unfair practices are as follows:- k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt. I would let Cap One know that you are aware of your rights (and their legal obligations) and if they don't desist in passing this account to the DCA you will report them to the OFT and Trading Standards (plus anyone else you can think of). Also would quote: I am now of the opinion that you are unfit to hold a Consumer Credit Licence as determined by the fitness test outlined in the Consumer Credit Act 1974 (section 25). 25 Licence to be a fit person (2) a) contravened any provision made by or under this Act, or by or under other enactment regulating the provision of credit to individuals or other transactions with individuals. d) engaged in business practices appearing to the Director to be deceitful or oppressive, or otherwise unfair or improper (whether lawful or not) Hope this helps........Rory

Thanks Scott Yes that's the letter I've just sent them, but I'm not expecting them to comply within the 7 days as I haven't even had an acknowledgement from them so far even though the original request was sent recorded so I can prove they got it.

The case they have quoted does not exist - allbeit on a technicality. If they try to produce this in court it would be thrown out in the same way as if you had made a mistake in your claim.

Hi, A couple of my CC companies have made no response to my SAR. The 40 days as of tomorrow are up so I will be sending off the LBA giving them another 7 days to comply. I'm thinking though as they haven't bothered their shirt to reply within the 40 days they may choose to ignore the LBA or simply be too incompetent to respond in the timescale. Does anyone know what the legal proceedure is for getting a court order to force compliance as it looks like I may need to go down this route.

Have a look at the dti website and the Sale of Goods Act. http://www.dti.gov.uk/consumers/fact-sheets/page38311.html Don't be fobbed of with being told to deal with HP. It is the retailer who is responsible for the product and as it developed a fault (or several fault) very early in its life the goods must have been faulty at the time of sale. Therefore Comet breached the Sale of Goods Act. I would write to their Customer Service Team (Head Office I would think) and let them know in no uncertain terms that if they do not resolve this matter within 10 days you will be issuing a court claim against them and reporting them to Trading Standards and The Office of Fair Trading. Oh just had a thought - make sure the letter is sent recorded delivery so that you can prove they got if need be.

From http://www.dti.gov.uk/consumers/fact-sheets/page38311.html Sale of Goods Act: If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty) • After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

From http://www.dti.gov.uk/consumers/fact-sheets/page38311.html Sale of Goods Act: If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty) • After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

Really the emphasis is on Asda to prove that they weren't their batteries not on you to prove that they were. Personally I would write to them (recorded delivery) and quote the Sale of Goods Act and threaten to report them to Trading Standards and The Office of Fair Trading. Also state that if they do not resolve the matter within 10 days you will raise a court claim against them. That should get their attention. Under the amended Sale of Goods Act 1979 all goods sold must be of satisfactory quality and as the retailer, Asda are liable for any damage caused by faulty goods. As this product developed a fault (e.g. the batteries leaked acid onto your sofa), the item must have been faulty at the time of purchase. It was not of satisfactory quality. Asda breached the contract.

Exactly right!! You don't want to go to court on this one, the amount your claiming is too high. Let the Ombudsman do the work for you - that's what its there for.

How do you know the charges are complete if they have not given you a full list of transactions for each month you have had an account with them? Didn't you ask for a list of all transactions for the history of the account including any charges. They haven't complied with this so let them know in no uncertain terms that what they have supplied you with is not good enough and does not fulfill the requirements of your SAR. LBA required I think

They don't have to send you statements but I'm assuming like me you asked for a full list of transactions and charges on your account. Bullet points are fine as long as they give you all this info. Personally I don't really care if they do default on my LBA as then I can take them to court and seek damages as well as a court order.

Follow this link and use Template 3 http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

I'd pop it in the post (recorded) as soon as is poss. As much as anything else it emphasises the fact that you are to be taken seriously by them and gives the impression you know what you are doing.

No probs. Don't forget to report them to Trading Standards, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman and The Financial Services Authority for non compliance if you want to as it just makes Cap Ones life that little more unpleasant.

Took them 38 days for me (sent them Royal Mail special delivery guaranteed by 1pm - so cost them a bit). Unfortunately they only sent me 9 months of transactions details from May 2002 to January 2003. I would think this is either a stalling action or just incompetence as their probably quite harrassed at the moment with the number of SAR's. So LBA in post.

The Consumer Credit Act (CCA) request is important as you are asking them to produce a copy of the original agreement signed by you and the credit card company. Although you don't need to request it if you don't want I would recommend that you do for the following reasons. 1. If they can not produce it the debt is not legally enforceable. 2. If after 12 working days of receipt of request (send it recorded so that you know when it was received) they are in breach of the Act and have committed an offence. 3. If after a further 30 days (not working days this time) they have still not supplied a copy of the agreement they have committed a criminal offence punishable by up to a £2500 fine. While any legal action you may have to take to get your charges and interest back will be in a civil court (so Cap One couldn't be prosecuted for this in your claim as its a criminal matter) you can make the judge aware of it. He or she would take a very dim view of this and Cap One are very aware of this. Basically your hoping that Cap One won't comply with the CCA request and can then use it as leverage in your negotiations with them to get your money back as quickly as possible. You can also then threaten to report them to Trading Standards, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman and The Financial Services Authority for their criminal behaviour and under section 25 of the Consumer Credit Act (shown below) which is the fitness test for an organisation holding a Consumer Credit License. 25 Licence to be a fit person (2) a) contravened any provision made by or under this Act, or by or under other enactment regulating the provision of credit to individuals or other transactions with individuals. d) engaged in business practices appearing to the Director to be deceitful or oppressive, or otherwise unfair or improper (whether lawful or not)