I have always thought that it was a reqirement,but don,t take my word for it!

As for employees refusing to come to work, I would say that yes they could if there is danger because of the firms working practices. I am assuming there is no union?.

To be sure, a phone call to the HSE should be able to clarify this and if you genuinely feel that there will be an accident caused by a tired workforce, it is your duty to report it.

Have you asked your employer about your fears or is he not approachable?

Hi Milton,

What you must not do is ignore them!

If you have had charges/late fees etc added then you can probabbly cliam these back...with interest.

do you have your statements for the last 6 years?

If not, then you will need to send a SAR (subject access request) to recieve all the information that they hold on the account. A £10 fee is payable for this and they have to provide them.

You may not even have to pay them!

You need to send a CCA request for a copy of the original credit agreement. if they cannot provided this within 14 days you can dispute the debt until they do and if they do not provide it by 30 days, they will have commited a summery criminal offence. You may also be able to reclaim any PPI that was added to the account.

First though, read through the faqs and templates section, re: reclaiming charges and as many posts as you can. You will find there are many people who will have asked the same questions as you have and will have been answered before. There is probably someone with very similar circumstances as yourself.

We you are ready, start a thread in the CAPone section and you will recieve all the help you need.

All the best,

Scampjet.

Hi dowie,

Was this from a shop? If so it should have been sold to you as being of merchantable quality. Clearly, if it has stopped working after 2 months, it was not. I would have said that hey should'nt have billed you at all.

Hi Nick W,

A debt cannot be sold on (though some have ) while in dispute. The only action a company can take is to supply an agreement.

Also, untill they can prove they have the right to a debt, they are in breach of the Data Protection Act if they pass any information to a third party.

Others will be along to give more detailed advice as soon as they are able, but thats about the size of it.

Hi, babybear39,

I am sorry to hear this and surprised!

You have been instumental in helping many people, in many posts and what ever the insult was cannot be called for.

Given the conditions you have, you are are to be commended not criticised.- and it is to your credit that you spend your time trying to help people and better yourself.

Becoming disabled and loosing your ability to work is enough to cope with, but being insulted or ridiculed for it is unforgivable.

I feel for you and have an idea of how upset you must be, as I lost my ability for work for three years. The bigest part of my debt problems startes when insurance stopped paying. You can cover your debts with insurance, obtain a certain standard of living and do everything you can to cover lifes eventuallities, but becoming genuinely unable to work and not being able to accomodate your financial commitments cant be planned for,Lets hope for thier families sakes, it never happens to the them! Its easy to criticise...not so easy to help. well done to you!

bump!

hi all,

Recieved this this morning and need advice regarding the law bits they are quoting. The £1 fee mentioned by the way was returned by them when they first wrote to say no agreement!

Thank you.

img101.pdf

Thank you, I'll do that.

Yes, I do realise this, just needed to get them to confirm for sure first. Thats my next step!

And after that......Lowells, 1st credit, Red castle, CL, and citi:D

Dumping DMP as of next payment...making arrangements with those who have agreements, then having a go at BOS for PPI and charges!

Thanks again!

Thanks GM,

Thats exactly what I needed, confirmation that I had not got my wires crossed!

As for the data bit, I am pretty much convinced they are talking through their backsides but just needed to check I had read between the lines correctly!

It will be interesting to see if they come up with anything else.

Thanks again,

scampjet.

they have not sid they wont persue the debt.

 

they are talking rubbish about the Data Protection Act btw.

I took thier statment on page two....."on this basis we can confirm thatall collection activity will cease!"

to mean that they would'nt be persuing:eek:

Hi all,

I recieved this letter this morning from JD and would appreciate any input/varification of their claims etc.

As I read it, they do not intend to persue the debt, but claim to have the right to do what they like with my data.

Once again, all comments welcome.

img004.pdf

img005.pdf

Your welcome.

I know, it took me a while to work it out too!

Basically it is a way to keep the tread active. When you bump your thread, it comes up as a new post again and so is read again. You are not being ignored, its just that the people that are best able to help you are busy and don't get to your thread. Regarding your other thread, if you go to the top of the page and click on user CP and view all, all the threads you are subscribed to will be there. I hope this helps.

scampjet.

Hi turnitaround,

Just looked in to bump this thread. I also note that you have other posts that you have asked for help with. CAG sometimes gets very busy and some threads can be missed, so if you do not get a reply...just ask again and someone will be along to help when they can.

Thank you Paul,

It really is comforting to know all this help is available!

I know they are just "puffing their chests" But knowing how to deal with it correctly is another thing!

Hi Pt,

Thank you again!

I will certainly keep that in safe place till needed (and it will be!).

What is the procedure for making a pre action disclosure order?

I am aiming to try and get an answer from those without agreements by 25th of next month.(could'nt even think about it until CL finace was sorted).

I cannot not pay these people while with the cccs and really don't need the additional hassle of trying to fight them off while making an arrangement with other creditors who have agreements. If I can get rid of them, I can pay a slight increase to creditors with agreements and still ease my situation slightly.

Thanks again for the letter.

Scampjet,

Hi adainfife. Thanks for posting

"I do hope you know this won't happen and you cannot claim these back".

Yes i do realise that it won't happen:(

The idea is see what they come back with in response. Hopefully I can get them to back off completely. But that probably won't happen either!

Thanks fizzbobble,

this is what I am hoping for. I'm trying to get a definitive answer form creditors who have addmitted they have no agreements, in order gain enough ammo so that a complaint to OFT T.Standards caries more water. We need to establish exactly who we have to pay when we dump the CCCs and we will not have sufficient income to continue the plan at the next review so it they dump us, we will only have to make arrangemnts with those who do have agreements.

At least, thats the plan!

Hi all,

We have decided that it is now time to write to our creditors and push them a bit before stopping payments to CCC's and going it alone. We have sent letters to each creditor, altering each letter to suit to see the reactions we get back and post them up so that we can hopefully get some feedback on their responses.

We sent this to Red Castle on tuesday:

Red Castle Recoveries

3rd Floor,

20 St. James’s Street,

London.

SW1A 1ES.

Dear Sir/madam,

I refer you to your letter of 22/01/2008.

My Position regarding this alleged debt remains unchanged. To date, you have failed to supply the requested documentation. These documents should be readily available as proof of your legal right to collect an account. You have not provided the documentation that entitles you enforce this aleged debt and you are still in default of my Consumer Credit Agreement request.

You are not entitled to under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 to take any action on this account until you have produced the proof of your entitlement to do so, and as you have not, any attempt to obtain monies for this alleged debt is also a breach of the Act, and constitutes Harassment.

Your company Committed a criminal offence by not adhering to the 30 day deadline as per the Act and as such, I do not recognised any liability in this matter. Agreeing to a review of this alleged debt would suggest that I agree to be liable for the same and without evidence to the contrary, I do not.

I now require the following :

1. With immediate effect, you contact the CCC’s and inform them that you no longer wish to collect payments on this account.

2. All payments made to date to this account should be refunded in full, including interest at the rate of 8% per annum.

3. Removal of all defaults entered by you to any credit reference agencies. Note: this is to be a complete deletion and not merely an amendment.

4. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done.

5. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998, to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

6. Your confirmation that all of the above action has been taken.

In reference to the above, I acknowledge you may require time for departmental transfer of this correspondence and to this end, I will now allow you a further 14 days in which to satisfy these requirements. If no response is received within this period, I shall take action without further reference to cease payments via the CCC’s and it shall be assumed that you have no further interest in this matter. Furthermore, should you not respond, a full transcript of all correspondence and payments will be sent to your regulatory authorities, as the basis of a formal complaint.I may also consider a claim at my local county court in order to facilitate my requirements.

With the exception of point 1& 3 above, upon receipt of your confirmation that these actions have been taken, this matter maybe closed.

Yours faithfully,

They telephoned tonight and basically asked

"Are we going to keep Payng?"

"If you don't keep paying you will be liable for additional costs and charges"

"We don't need to have a credit agreement cos the T&C's are in the catalogue" (they put "the account on hold because they could'nt provide one in the time frame")

And "Credit agreements are not worth the paper they are writen on" (I wonder why they have them in the catalogue then!).

Then it was "Are your going to keep paying" again and "We are just contacting you for your protection so you don't get further charges"

"We have consulted our legal team and we will not be aceeding to any of your requests"

We just said put it in writing!

It'll be interesting to see if they do, but meanwhile, all input gratefuly recieved.

Scampjet.

PS. I can't remember whose letter 've pinched bits out of..but than you.

I would say that if you have the arrangment letter and there is no review mentioned in it, then they have shot themselves in the foot! I agree 100% with Michael, you need to be able to so your are doing all you can.

I have littlewoods data protection unit as:

Park Lane,

Liverpool.

L72 1LQ.

Littlewoods Shop Direct.

1st. Floor,Skyways House.

Speke Rd.

Speke.

Liverpool.

L70 1AB.

Littlewoods personal loans.

100 Old Hall Street.

Liverpool.

L70 1AB.

Hi jd0s1,

Yes I have......strangley enough....Littlwoods!

Did you sent to the PO Box address?

I now always send recorded letters to the registered office address! I found that this only happens when letters are sent to PO Boxes.

Hi curlyben,

One of the problems we have with this is that we don't know who we would claim off!

the loan as per the agreement is With Gus finance limit

( if they still exist) and the balance owing is with BOS.

I can't remeber who the original creditor was I think it was bank of Scotland.

What confuses us even more is that the Preference account agreement is between us and Capitol Bank.

We don't know how much of the total balance is from which creditor.

Also, we had been paying this to BOS for a number of years,

before we had a DMP and via ccc's for about 3 years.

The balance is still standing at about £8000.

We are about to SAR BOS to find charges etc.

But obviously this will only be what they've added.

Thoroughly confused!

In the insurance section(part 2) only my wifes name is included (printed in) Yet we both signed the loan agreement.

If I remember correctly,

we were contacted by Bank of scotland by phone

and asked if we wanted this loan,

then the papers were sent out to us.

Hi fantasy charges,

Non antipodan T&C's.

img003.pdf