Sent you a PM, Better to post on here if you require a bit more indepth advice from others, SHERLOCK

TS Sherlock (authority) ah em!!! The Super Sherlock (authority, not) TaDAaaaa

Hi Nicole, speak to you soon. I wouldn't go too deeply into that defence, I just requested the stay until compliance with regard the letter as previous, how do you defend when they haven't supplied any documentation to back up their claim?? Do you really know what claim amount you are defending?? (NOT WHAT THEY TELL YOU IT IS) I would let them do the legwork, just my opinion mind SHERLOCK

A&L, like a lot of the bigger firms, bulk sign their recorded deliveries with a dated stamp, when I rang RM they emailed me a page of about 20 'tracking numbers' (with the dated stamp across) one of which was mine and I printed this off for proof of delivery

Tamadus, if like CABOT have with my CCA request, not complied at all after their initial response to supply within 28 days, What template would I now use to report it and to whom would it be sent?? Do you have a copy letter? as you did, Would I go to TS first??

The above letter was a reply to the CCA request. They state themselves they know it is unenforceable but state thay will not produce the agreement. I duly requested my charges back + interest + PPI (not had a reply back) does this now interfere with a refusal to pay or not to acknowlede the debt?

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/56752-sherlock-studio-08-01-a.html COPY OF LETTER HERE

IS IT COZ THEY HAVEN'T GOT ONE

Studio have a default on file, and state in a letter to me that they will only supply the agreement if basically I refuse to pay and they take me to court. They have supplied statements which show a debt exists (their words). What letter do I now send to make them comply, or do I just leave it and in 42 days'ish from CCA request APPLY TO GET THE DEFAULT REMOVED? SHERLOCK

Latest Update........................................ NOTHING.....absolutely NOTHING My CCA Request 11/12/06...............NOTHING My DPA Request 11/12/06...............NOTHING Do I just sit here and do................NOTHING SHERLOCK

Studio cards stated in reply to my CCA request that they would only provide a copy of my agreement if they took me to court for the debt I have made a claim for recharges, judging by above I should also issue a non-compliance??

on my occassion they produced the statements only, I had already received the Deed of assignment. When I reclaimed charges, the creditor claims to legally have to refund to the DCA. This is being questioned and they have to show me the legalities for this action, have left claim open pending payment to myself. I would love to see the contract between creditor and DCA!! MAYBE ITS BEST FOR THE DEBT TO GO TO DCA?

Having had recent contact with DCA after debt has been assigned, they do go back to the original creditor for the statements etc (never it seems, the original copy of agreement though ) when issued with a CCA request. One good thing to come out of this is, as I am doing, you can claim the refund of charges from the original creditor without it being taken from the debt amount (I cannot confirm this as yet, as my claim from RBS is ongoing) Then you can offer this amount to the DCA to clear the debt!! MADNESS I KNOW, SEE HOW WE GO

stitcher, it was implied in your first post that lowell had already issued you with a court claim. Was it a threat, or a claim form as in your latest thread?? The letter above was if it had already gone to court!! Have you sent the CCA request via recorded mail...if not do this first! take your time to give info and people can then give advice when they know the facts. Do not give names etc, but enter the headings of such letters bcoz the DCA's sometimes send letters with the notice 'this is not a court document' etc. basically scaring us 'ickle' people??

will try to find info - I believe I read somewhere that they were writing these debts off, not 100% sure of details??? - ofgem (or something like that). Don't get your hopes up, but I thought the government intervened, check back later. energywatch: Billing Basics 'energywatch therefore submitted a super-complaint to Ofgem on billing. When it made its decision Ofgem set out three requirements on energy suppliers: By July 2006 they have to set up and fund an independent body to resolve disputes between individual companies and consumers. This body will have the power to award compensation to consumers who have received particularly poor service. From July 2006 they should no longer seek payment from consumers where they have not billed a customer for two years. From July 2007 this period should reduce to one year. By July 2006 they should have reviewed the terms and conditions of the contracts they offer to consumers to make sure they are as simple as possible, comply with consumer rights’ legislation and are not biased in suppliers’ favour. does 2. apply?? SHERLOCK

Lowell Finance and Lowell Holdings are the only two listed as 'Holding companies including head offices' at the Leeds address. The others are listed as 'other business activities'. Are they hiding behind this........also data protection is at that address: Registration Number: Z7273861 Date Registered: 21 November 2002 Registration Expires: 20 November 2007 Data Controller: LOWELL FINANCIAL LIMITED Address: ENTERPRISE HOUSE 1 APEX VIEW LEEDS LS11 9BH Seems it is another CABOT..........

Sarah that is wonderful, was going to reiterate my claim for contractual in LBA as per prelim. Will add my details and send first thing in the morning, u r a STAR

bump #sorry# impatience got the better of me :o

It would be ideal for you to pay as advised a set amount to the powergen account, bypassing the DCA. When I changed I had a balance of around £90.00 and I pay them £1.00 per month . The other option is to get it back with powergen and get one of those card meters fitted and agree a set amount to come off the card every week. (If you stay with BG, they cannot do this obviously, but the gas/electric can get a court order to have the token meters fitted as a way of guaranteeing getting their money.) SHERLOCK

Will be sending off prelim for charges + contractual interest + PPI refund. Any suggestions defore I do this? Incidently, even if they refund, I assume I can still ask for the agreement, was tempted to also send a non-compliance letter. By refusing the claim for PPI, they will have to produce the original agreement though and I don't think my partner signed one!! Now, people will tell me to push for Agreement and stop paying, thus forcing their hand. Decisions, Decisions SHERLOCK

Please feel free to amend if letter may be 'legally' challenged or other?? Account Number: #### #### #### #### Dear Madam, I am disappointed that you imply you have the right to contact third parties on my behalf and to make payments on accounts that you no longer have legal entitlement. You no longer have ownership rights to this alleged debt and are under no circumstances to make payments to third parties. On date of assignment of the debt amount to The Lewis Group, one assumes any contract between RBSG and myself to be terminated. As such I state that you are no longer given permission to exchange or discuss any details regarding the above account with any third party, failure to respond to my request may lead to possible legal proceedings. Your contract with The Lewis Group has no bearing upon any communications with ourselves. I request that all data regarding the above account be deleted from your system. Please find enclosed my Letter Before Action as stated in my previous letter of ##th December 2006. Yours Sincerely SHERLOCK

OK, received microfiche statements, not worth waiting for, I clearly kept payments up to date early on Prelim will be sorted and sent today, thanx for all your help, SHERLOCK

I will have to type up a letter and run it past you guys/girls if that is o.k. Was thinking of proceeding with a LBA with additional replies to their letter above, e.g. NOT MY PROBLEM ETC? Also is it standard to refuse the interest that was added, came to around 50% of claim? any suggestions welcome

Hi Martin, and should this payment be to myself as Sarah also states this?

yep, it is definately an 'I', a roman numeral '1' or something like that?