This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Lowell are chasing me for a Barclaycard debt, I had been repaying this but at an amount which I couldn't afford. I CCa'd them by recorded delivery on the 29th Sept 2006, they cashed the £1.00 cheque but no agreement arrived. They have phoned me at least once a month since then and sent several letters. Each time I explained that I was waiting for a copy of my CCA, each time someone said they would sort it out. Still nothing but now a letter from Hamptons threatening legal action. Does anyone have a good letter I can send to Lowell, Hamptons, the OFT and trading standards or any good advice. I keep looking on here but can't seem to track down what I want.

I am supposed to be paying but as it is in dispute over the signed credit agreement, I'm not. Just trying to decide how to reply. Any ideas - based on their reply as in one of the above posts? Sam

Hi Can someone advise on the above post. Thank you

Hi This is the copy of the letter I received from F. W. Oakes (Empire Stores Catalogue) On behalf of my client, Empire Stores, I refer to your letter of the 18/09/06 and your request for a copy of the signed Consumer Credit Agreement. I attach a copy of the standard agreement which you should have signed in accordance with advice given to you at the time you established your home shopping account with Empire Stores. You appear to have an agreement as payments have been received. I attach a sample of your "your Guide to shopping with Empire" and direct your attention to the sections I have highlighted (nothing highlighted) which comply with the specific regulations affecting our business. Copy statements showing all transactions are also enclosed. I must, however, correct your statement that we are under an obligation to provide a fascimile of a 'signed' agreement. The regulations only require us to provide a copy of the agreement and it is not necessary to provide a signature box. I refer you to "Regulation 3 - Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI.No.1557). Can anyone tell me if this is true? And any ideas what to do next if it isn't. Thanks Sam

Hi I sent a cca request to F W oakes about my empire stores account, they sent a copy of empire stores credit agreement but not a signed one as they say it is not necessary on a catalogue account. Any idea if this is true? Thanks Sam

Hi Did you phone simon lamb in southampton because you have claimed online? or is it your nearest court. I'm trying to decide who to phone to get things moving - still waiting for bailiffs to go in for the second time. Getting very p****d off.

Well! according to the Court, the bailiffs have signed off as the RBS told them they had paid me in full on 02/08/06. You would think I might have noticed a little matter of £2500 going into my account. I didn't because, of course it hadn't!! Lying *****'s So now I have to re-issue the warrant - more time. I also don't understand why I wasn't contacted at the time to make sure I had been paid. All a bit strange and very annoying.

Hi I'm at a similar stage to you BUT according to the court when I phoned on Tuesday to see if the bailiffs had been actioned, I was told yes and they had signed it off as the RBS had told the bailliffs they had paid me in full. Nobody tried checking with me which I find a bit (very!) strange. I now have to resend in the bailiffs, it won't cost any more money only time, which I really don't have. Hope you're having more luck!!

hI I'm going to my local court tomorrow to send the bailliffs in, unless they've replied since to their judgement since monday. It all seems to be a wait and see game.

Hi I'm more or less at this stage, my judgement against RBs would have arrived yesterday. It's all just a wait and see game, one I can't really afford to play but don't have much choice. I would have said 5 days for a bank to act was more than enough, they don't give us 5 days before they take £35 off you.

i had posted a couple of other replies but not sure where they are. hence the gap between these.

Please con someone change the title of my thread to sbroad v RBS, thanks My judgement will be issued against rbs on monday, which is i assume they will recieve it according to the court. I suppose they will then just have it set aside to delay things even more. Lots of us in the same boat.

I have applied for my judgement today, as the RBS have not acknowledged my claim, or at least as far as I know as the clerk who is dealing with it at the court has, needless to say been away and there is a delay of about 2 weeks before I might hear anything more definite. I claimed an unspecified amount which seems to make it more complicated and require a hearing with the judge. Anyone else had this or got any info or advice?

update: RBS only have until tomorrow to acknowledge my claim but knowing my luck they will. The b******s will have had £300 off me in the last 2 weeks, talk about stuffing me up good & proper!!!!

Hi I've just had confirmation that my small claims action has been issued by my local county court, RBS have until 09/06/06 to acknowledge it. My claim is about £2500 including interest but I haven't put an actual amount as if it goes to court i want the payment to be as upto date as possible. By the way the RBS have only just cashed my cheque for the DPA info which was sent to them about 8 weeks ago, so don't think they won't. It was at a very inconvenient time for me, ie. no money!!!!

Hi Candice Well done I'm just about to my court bit. Do you need to enclose anything with the form? i've the list of charges including the 8%, do i need to send any proof of my case or is that self evident with case particulars? Thanks Sam

Hi I received a reply last week, very similar to those others have had, going to send the "the letter before action" one tomorrow. Does the 14 days exclude weekends and bank holidays? not looking forward to court action part, but at the moment so skint with their fines, will certainly be going ahead with it.

Hi I get charged £28 for being overdrawn and £30 in referral fees, subject to the having paid it, but if it were near the 1st of the month then then 1st £28 might take you over again, so then another 28 next month or the referral charge might take you over. so maybe £58 or £86

I received my bank statements last week, so far free of charge. I calculate they owe me about £1700. I posted my preliminary letter through their letter box last night and I have had a phone call today. They were asking if they could borrow my copies of my bank statements as if they requested their own it would take a week or so, therefore eating into their 14 days. I couldn't see any reason to refuse and said I would drop them in tomorrow. Anyone see any problem with this? At least they not just telling me to get lost or at least not yet!! Sam

Hi I got my bank statements, just about to send preliminary letter but I can't seem to find the draft of the "Letter before action" in the library, it was there a a week or so ago. Am I just being blind or has it moved? Thanks Sam