Hi Yes I did while L&G were dealing with it. Received a copy of the agreement well out of time. Just wanted to get it cleared so phoned Capital, passed on to Blair, Oliver & Scott. Who agreed a payment of 75% in full settlement. Not sure if this will result in my credit record being cleared though.

As DCA's go they are not to bad. I have had dealings with them. Stick to your guns and offer what you can afford. Don't run yourself short just what you can afford. If possible pay by Standing Order. If the person you talk to won't accept your offer write to Nataly Hollinworth. Complaints Manager or e-mail [email protected] Tell them you want to make payments but the person you have spoken to will not accept them. Good luck

tiaposy Don't worry he can't make you Bankrupt. I've been down this road with a Ltd Company that in the end I had to let go. They will try it on in the hope that they can get something out of you but they can't take you to Court for it. If the invoice is to the Ltd. Co. - and it will be as the books are for the Ltd. Co. and it is the Ltd. Company your accountant would expect to pay him, then there is no way he can expect you to pay. The debt belongs to the company not you. Also as Busby says he cannot hold on to your books and is breaking the Law in doing so. Have a good weekend and Don't Worry

Thanks bravesleek I telephoned them to get the correct address as I wanted to make an offer of payment and they re-directed me to Blair, Oliver and Scott. many thanks anyway

I have been dealing with Legal & Trade regarding a debt to Capital Bank. The loan was a general loan i.e. not a car loan. Legal & Trade sent a letter yesterday saying they had returned my file to their client (Capital Bank) and that I should deal direct with them. I wish to make an offer of full & final settlement but don't know who to send it too. Please can anyone help on this. Dave OK don't bother I think I have found it on another thread

I've just thought I sent the request to Moorcroft for a copy of the agreement. The reply my son received back was from Droyds so are they correct in saying that they are only required to provide a copy of the agreement which he would have signed and not an actual copy with the signature?

Thanks pmhcfc I heve sent of a letter to Debt Managers Ltd. stating that the debt is in dispute and sent the letter you provided to Droyds Debt and Collection Services. As the first letter was from Moorcroft and I sent off the request for a copy of the agreement to them I don't understand why I then received a reply from Droyds and then a final demand from Debt Managers Ltd. are they just passing this alleged debt arround? My son is certain his ex-wife has forged his signature as she used to do this when they were married.

In August 2006 my son received a letter from Moorcroft saying they were collecting a debt for Vertbaudet of £181.45. Which if he didn't pay it immediately would result in his being taken to court. He telephoned Moorcroft and explained that he had never hear of this company and certainly did not owe them any money. They told him it was a catalogue company and that he should make immediate payment. A bit of background history :- My son was declared bankrupt in August 2005 and he and his wife separated (now divorced) with him moving out of the marital home. It is his belief that his ex-wife has forged his signature for a catalogue account as he has not and would not attempt to get credit since being declared bankrupt. In September I wrote to Moorcroft stating the following: With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement. I do not acknowledge any debt to Vertbaudet and I have never heard of this company. As such, the amount is now in dispute. I understand that under the Consumer Credit Act 1974 (Section 77-79) I am entitled to receive a copy of the credit agreement on request. I enclose payment of £1.00 which represents the fee payable under the Consumer Credit Act. I understand a copy of our agreement should be supplied within 12 working days. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. I look forward to hearing from you. In October he received a letter from Droyds Debt & Collection Services which said: I attach a copy of the standard agreement which you would have signed in accordance with advice given you at the time you established your home shopping account with Vert Baudet. You appear to have acted in a way which indicates that an agreement was signed as you have conducted the account for some time by placing orders, receiving goods, returning goods within the approval period and making payments. Copy statements showing all transactions are also enclosed. These enclosures satisfy the requirements of section 77-78 of the Consumer Credit Act 1974 in regard to supplying a copy of the agreement and accounts statements. I must however, correct your statement that we are under an obligation to provide a facsimile copy 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) The bold items are as in their letter. Enclosed with their letter was a blank copy of the front and back page of what it states is " Credit Agreement Regulated by the Consumer Credit Act 1974". On the back page are Vertbaudet Terms. The copy statement does not show any transactions just that at 1/09/06 the debt was £182.45 As they had not complied with my son's request for a copy of the agreement within 12 working days I told him to wait a further 30 days as I felt that the information they had send did not comply with his request for a true copy of the credit agreement. On the 5th March this year he received an "Urgent Final Demand" from a company called Debt Managers Ltd. containing the usual threats about additional court costs etc. if it was not paid within 48 Hrs. I have written to Debt Managers Ltd. to say that this debt is in dispute and enclosing a copy of my son's letter to Moorcroft. The question is where do I go from here? Under the Consumer Credit Act do they have to provide a copy of the actual agreement that they say he has signed? Dave44

Thanks Lookinforinfo so do I now sit back and wait for them to contact me again or should I report them and if so who too ? In the letter enclosing a photo copy of the agreement they say "Our client has instructed us to collect the balance on their behalf. Can I please ask you to contact us at your earliest convenience with your repayment proposals. Your account remains on hold a further two weeks to allow time for your response. Should I write stating that as they are in contravention of the Credit Consumer Act. the debt is no longer enforceable ?

I did start a thread way back in Sept. '06 under the heading " New Member big problems" but it is so far back that I thought I had better start again. After sending a letter requesting a copy of the agreement to Legal & Trade I received a letter dated 17th October from L&T saying they had requested a copy of the agreement from their clients BOS. At the beginning of November I received a "Notice of Legal Proceedings" from L&T. I wrote back saying the matter was in dispute and that I was still waiting for a copy of the agreement. On the 4th Dec. I received a letter from Hollis Briggs Solicitors saying the had been asked to recover the money for L & T and another letter from them Dated 11th Dec. saying I could pay by Credit or Debit card. I then received yet another letter from them dated 20th Dec stating it was a final demand before court action. On the 22nd. Dec I sent a reply to Hollis & Briggs stating the the matter was in dispute and enclosed a copy of my letters to L & T. I then heard nothing back from H & B but received a letter dated the 7th January from L & T saying that Hollis & Briggs had been in touch with them and that having reviewed my account noted that I had still not received a copy of the agreement. On the 1st Feb. I received a letter from L & G enclosing a copy of the agreement. My question is as it is now 19 weeks since I requested a copy of the agreement are they in default and so the debt is unenforceable or do I just contact them and make arrangements to pay of the debt ? As I understand it they are in default of the Consumer Credit Act. for not providing the information within the 12 working days + one month. Having long exceeded the time do they now need to go to Court to claim the debt?

I'm not sure if this thread is still live but thought I would bring it up to date in the hope that it still is. After sending the letter requesting a copy of the agreement I received a letter dated 17th October from L&G saying they had requested a copy of the agreement from their clients BOS. At the beginning of November I received a "Notice of Legal Proceedings" from L&G. I wrote back saying the matter was in dispute and that I was still waiting for a copy of the agreement. On the 4th Dec. I received a letter from Hollis Briggs Solicitors saying the had been asked to recover the money for L & G and another letter from them Dated 11th Dec. saying I could pay by Credit or Debit card. I then received yet another letter from them dated 20th Dec stating it was a final demand before court action. On the 22nd. Dec I sent a reply to Hollis & Briggs stating the the matter was in dispute and enclosed a copy of my letters to L & G. I then heard nothing back ftom H & B but received a letter dated the 7th January from L & G saying that Hollis & Briggs had been in touch with them and that having reviewed my account noted thyat I had still not received a copy of the agreement. On the 1st Feb. I received a letter from L & G enclosing a copy of the agreement. My question is as it is now 19 weeks since I requested a copy of the agreement are they in default and so the debt is unenforceable or do I just contact them and make arrangements to pay of the debt ? As I understand it they are in default of the Consumer Credit Act. for not providing the information within the 12 working days + one month.

Thank's jimfishybob In that case should I send the SAR to BOS as I need to know what payments I have made and if additional charges have been made on the account.

Have sent the following letter today by Special Delivery as this guarantees delivery by 1pm the next day. Dear Mr Simon Williams Re: Account/Reference No. 0xxxxxxxxxxxxxxxx Please find enclosed copies of my correspondence to your office. Both sent "Special Delivery." As you are aware this account is now in dispute and I still await the documents requested. In my letter dated 21st September I requested a copy of the agreement and enclosed a £1 postal order being the fee payable under the Consumer Credit Act. I also requested that all communication was in writing, In the second letter dated 29th September I again requested that all communication was in writing. Despite my written request that all future communication be in writing the agency representing you repeatedly flouts their obligations and continue to call. Since sending my request dated 29th September I have received no fewer than 37 phone calls the time and date of which have been recorded for future use. This type of debt collection method is contrary to the "Administration of Justice Act 1970" in that it is intended to cause alarm and distress to the recipient. I therefore require you to remove any telephone numbers you hold for me from your systems. I would be obliged therefore if you would communicate my request to your staff as should you continue to call your actions may constitute a criminal offence under section 127(2) of the communications Act 2003 and your methods may prove contrary to section 40 of the Administration of Justice Act 1970. Please accept this letter as final notice that any further calls will be both ignored and subsequently reported to the relevant authorities, including but not limited to Trading Standards, The Office of Fair Trading and OFCOM. * * * I have already started writing my letters to Trading Standards and the Office of Fair Trading as I do not for one moment expect the calls will stop. Thanks ecobabe and legalmick for your comments. legalmick the reason I want a copy of the original agreement is because I believe additional charges have been added to the tune of about 25% of what they are now asking for. Having agreed £100 per month with Blair,O & S they said they would come back to me with an offer of full settlement. The next thing is phone calls from L & T saying that £100 per month was not enough etc. and a letter with a D.D. form attached. I have told them I will only pay by standing order or with a paying in book so I can pay cash at the bank. I have answered two of their four calls today. The first time the phone only rang twice but I managed to answer just as the phone went down. The second time I answered but after a short silence the phone went dead on me. I intend writing again to morrow to tell them they are in default. I see from reading on the site that others have requested a "deed of assignment" Should I have requested this when I requested the copy of the agreement? If so is it to late to request it now?

Since my last post several things have happened. 1) I've received over 28 phone calls on the mobile supplied by the company I work for. 2) The 12 days were up last Tuesday and I still haven't received a copy of the agreement. 3) I've received a letter from Legal & Trade At the top of the letter it gives the amount of the debt and under this it states that the debt is to Capital Bank. The rest of the letter goes on to say that I haven't kept up payments, if I don't bring this up to date I could face court action which would result in extra fees & costs. It also states that I have 72 hours to reply to this letter. My questions are. As they say the debt is to Capital Bank should I have sent my request for a copy of the agreement to Capital Bank and not, as I did to, Legal & Trade ? With regards to the telephone calls do I just send another letter requesting all communication in writing ? I have sent two letters requesting this. The first with the request and £1 p.o. for a copy of the agreement and the second some 10 days later.

Thanks crust git, yes I gathered they were just a call centre but they must be ringing on behalf of a company so I requested that companies name which they refuse to give me. I will ask for the superviser when they ring tomorrow as I'm sure they will and quote from the Protection from Harrasment Act. Thanks Terminator I will print this off and have it with me when they ring 'cause they are certainly causing me distress phoning me at work,

Thanks Jimfishybob, sorry you lost at poker better luck next time may be better to stay off the sauce. My letters were sent on the 21st and 29th. Sept. Have had another three calls today (all logged) third one left a message asking me to call back as matter was urgent. Is it possible Legal & Trade are using a call centre to get round my request not to ring? Have been unable to find an address for "The Preston Call Centre" so unable to write to them. Paddym - can't change my telephone number as the ring on my company mobile.

Since sending the letters I have received several phone calls. Yesterday I received a call from 01772220126 the person asked me to confirm my address as he wanted to discus a personal matter. I asked who wanted my address and he said "Preston Call Centre" so I said "No what company wants it. He wouldn't tell me so I said I couldn,t give out my address without knowing who wanted it. He asked if this was my reply so I said yes and he hung up. This morning (Wed.) I received two calls from 01772227600 but the phone only rang two or three times and then stopped before I could answer. This afternoon I received another call from the same 7600 number and I managed to answer it. Again asked for my address so I asked who wanted it. She said Preston Call Centre. I told her that this call was illegal as I had sent two letters requesting all communication to be in writing. She said that it wasn't illegal and that she was looking for my letter. She then asked if this was my answer and when I tolder her it was she hung up. The question is, my letters were to Legal & General so should I now send a letter to Preston Call Centre if I can find their address. Is this just a way for L & G to get round my letters to them? Hope someone can help Dave

Thats OK then thought it was something I was doing wrong

Right for some reason it won't let me change it but the above address will take you there. Having arrived click on MCN extra then on new page go to Advice and Tips.

The MCN website is MCN: The UK's number 1 motorcycling magazine somehow it got changed when I sent it in my last post.

Anyone getting caught by a speed camera should go to the Motorcycle News site. MCN: The UK's number 1 motorcycling magazine then click on Advice and Tips there is a template letter for replying to a NIP. I believe I am correct in saying it was written by a solicitor. MCN have been running a campaign against speed cameras, laser guns etc. for several months. Hope this helps not had to use it myself - yet but best of luck to all of you who have been caught. Dave44

Thanks jimfishybob have now added this to letter will post special delivery tororrow. Probably everyone but me knew but I was told today that you can check on the Post Office web site when your special delivery was delivered. So may pay to print confirmation of delivery for possible future use.

Since sending a letter on the 21/09/06 requesting a copy of the Credit Agreement and that all communication was in writing I have again today had another phone call. As the person wouldn't say anything untill I gave my address I hung up on her. I have now written the following letter. Is this all I need to do at this stage? Legal & Trade Collections Ltd. 33.34 Winckley Square Preston PR1 3EL 29th September 2006 Dear Sir/Madam Re: Account/Reference No. xxxxxxxxxxxxxxxxx Further to my letter dated 21st September and sent by Special delivery to yourselves in which I made a formal request for all future correspondence to be in writing. I have today received yet another telephone call from your employee called Ann. I would be obliged therefore if you would communicate my request to your staff as should you continue to call your actions may constitute a criminal offence under section 127(2) of the communications Act 2003 and your methods may prove contrary to section 40 of the Administration of Justice Act 1970. I will therefore report all further calls to the relevant authorities. Yours faithfully

Just thought - Legal & trade say Capital Bank not Bank of Scotland therefore in my letter sould I say I acknowledge debt to Capital Bank and not Bank of Scotland as in your template ? Thanks again - a bit less worried Dave44

Thanks Jimfishybob Will get to it now and post by special delivery later as I believe this is more reliable than recorded delivery. Thought I was the only one daft enough to be up at this time