Can I ask where you completed the application form? I notice PPI and Card protection is ticked? Having worked for Barclays, I personally know that any ticked PPI or CPP that is not initialled can be challenged.

Ok. This is how I would play it. Send original creditor an SAR request by recorded delivery. You never know, I suspect there will be charges to reclaim back here too. At this point dont mention that they agreed a reduced settlement with you. When your SAR comes back check that it contains copy letters and transcripts of all telephone calls. If these are not included, then write back advising that they have not complied and you expect them by return. In the meantime, work out any charges on the statements. When you receive transcripts of the telephone calls this should give us something to work on. Also send CCA to dca to put the debt in dispute for the time being. Hopefully they will not have a copy of the agreement any but we will cross bridges when we get to them. Most important is do not alert them at this moment to the fact that they agreed a reduced settlement.

If you have not made any payments to the dca, then remove those paragraphs relating to a refund. Hope this helps. Stan

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}. The documents I requested should be readily available as proof of your legal right to collect this account. Be advised that the document you have sent me is a copy of the application form and does not conform to requirements as prescribed by the Consmer Credit Act 1974. In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively. As you are no doubt aware, Section 78(6) states: 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. Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}. I require the following action from {debt agency name} : 1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum. 2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment. 3. 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 over the past number of years. 4. 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. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. I look forward to your reply within 14 days to resolve the matter amicably.

Just a few amendments

Just seen you post. is it too late to comment? Sorry Tawn x

Ok. Sorry for long delay in updating this thread but as some of you already know, I moved to Turkey in July and it has taken 5 months to get internet connection. Anyway, because of my impending move, we had to decide whether to go the route of FOS or file court action. We decided on FOS. My friend has one letter saying it had been passed to a case worker. Basically, she hasnt really followed it up until I pushed her into it this week. Anyway, she spoke to case worker today and they have ruled in her favour. However, Blackhorse disagree and have asked to the case to be put in front of the Ombudsman himself. (like that will make any difference). There is a backlog so we dont know how long this is going to take, but it sounds like good news so far. Bring it on... Blackhorse.

you have binding precedant from the House of Lords & Court of Appeal that says the creditor acted unlawfully, so you shouldn't be bound by your agreement with them and the Court can't enforce the debt - not only that, but you can claim against them for £1,000 as they have effected your credit reputation and caused you damage. You would need to prove that the original Default amount included collection and default charges/fees, but that should be easy.

http://www.bailii.org/cgi-bin/markup...method=boolean print this out

I really think it is worth expanding on the whole unlawful charges argument by stating the case of Woodchester v Swain [COA 1998] which states that a default notice is defective if it is for the incorrect amount. So, by this token, if the default is defective the creditor should not have been able to take any further action UNTIL they have served a default notice for the correct amount AND it wasn't remedied within the prescribed time period.

Hi. literally just managed to catch up on all threads ive subscribed to. I have just finished reading through your thread to find that you have had a successful outcome. I am dealing the PPI and Blackhorse for a friend of mine. We wrote to FOS five months ago and all she has ever had is a letter saying is has been passed to a case worker. When she tries to call the case worker is never at her desk. The claim is for £20,000 of mis sold ppi over about a 3 year period.

You need to get something in there about being a litigant in person with little understanding and resourses and without legal representation.

We are with you ALL THE WAY! If you dont win this, it wont be for the lack of trying lol. Enough of that nonesense talk!! We ARE going to win.

Without trawling back through the thread, have you printed out relevant statements from the relevant authorities regarding single premium ppi etc?

One thing immediately springs to mind. I think you should pay a visit to your doctor. Presumably he has known you for a very long time. Explain the situation and the difficulties you were having with your father and loss of job etc. Perhaps he would be willing to write a letter giving his "opinion" of your state of mind at the time. If he is willing, this would carry more weight to your argument. Anything is worth a try!

Common Sierra, I have bitten all my nails off!!!!

If they do ruin your chance of getting a mortgage, you can sue them for compensation if you can prove they unjustly blurred your credit rating. This is something else you can advise them of further down the line.

You will have more success with Trading Standards than CAB. Trading Standards have powers to remove their license for unfair practices and have much more clout.

There is no real point in requested a copy of the agreement. Whether they can or cant supply it, the debt is paid in full. I really think you need to concentrate on this angle as you have the documentary evidence to support your claim. I dont see the point in making a CCA request for a debt that is paid up. Any default registered after the debt was settled can be removed.

Statements of account are covered in your S.A.R - (Subject Access Request) request. theY have not complied. LETTER BEFORE ACTION Dear Sirs, Account Number: XXXXXX and XXXXXXX NON COMPLIANCE - DATA PROTECTON ACT On 29th February 2007 I sent you a Subject Access Request under the Data Protection Act. I included the prescribed fee of £10 and my request was received by you on XX/XX/XX (presumably you sent this recorded delivery and can put in the date). Under the terms of the act, you have 40 days in which to comply. Non compliance is an offence and compensationable in a court of law. I am writing to advise that you have failed to comply. The data received from you was not only far outside the timescale allowed, but was incomplete. In particular I am missing: 1) 2) (LIST WHAT YOU ARE MISSING) 3) As such I have escalated a formal complaint to the Information Commissioner. Further, if I am not in receipt of the missing data in the next 14 days, I will issue action against you for non compliance in the county court. At the same time, I will seek compensation, costs, and an order for compliance. I trust this clarifies my position. Yours faithfully

You just need to clearly explain your position regarding the PPI and that in your opinion you should have either been covered or received a full refund. As you are back at work now, the ppi would only have paid during the time you were out of work. Often they are not worth the paper they are written on and you would have been lucky to have claimed on it anyway. Usually you have to be out of work for three months and there are many exclusions. I think your best option is to argue for a full refund on this. What time are you in court. We will all be waiting for you update.

With regard to non compliance of SAR request. You need to make a formal complaint with the Information Commissioners Office.You can download a complaint form from their website. Then write to creditor/dca and tell them they have not complied and as such you have escalated a complaint. With regard to non compliance of CCA requests, you need to make a formal complaint to the Trading Standards office in their area. Same procedure. Hope that helps. Stan

I really do think there is a good chance of wiping out this debt once all the charges and ppi's are removed. Stan

Section 1: The Charging Orders Act 1979: Where, under a judgment or order of the High Court or a county court, a person (the “debtor”) is required to pay a sum of money to another person (the “creditor”) then, for the purpose of enforcing that judgment or order, the appropriate court may make an order in accordance with the provisions of this Act imposing on any such property of the debtor as may be specified in the order a charge for securing the payment of any money due or to become due under the judgment or order. If there is an instalment order in place, a creditor would not be able to apply for a Charging Order. Section 86(1) The County Courts Act 1984: Where the court has made an order for payment of any sum of money by instalments, execution on the order shall not be issued until after default in payment of some instalment according to the order. This was further considered in the case of Mercantile Credit V Ellis in The Court of Appeal 1987. It was found that the wording of the Charging Orders Act states quite clearly that no further action could be taken without a default in payment. It should be noted, however, that in the case of Ropaigealach V Allied Irish Bank CA Nov 2001 where an instalment order is made AFTER an interim charging order has been made, a court has the jurisdiction to make a Charging Order final.

Also, where did you sign this agreement?