My reply to HFC Bank: Dear Sir/Madam, Thank you for your letter dated 9 July 2007 and received 10 July 2007 in relation to the recent CCA request to DLRS (HFC Bank). As I have previously stated in my letter to you of the 27 April 2007, I regard the documentation you have supplied in regard to any CCA request to be non-compliant and have never accepted your assertion that said documentation was a properly executed agreement as laid down in the Consumer Credit Act 1974. The above account has certainly been in dispute since you received my letter dated 27 April 2007 and it could be argued from the date you received the original CCA request dated 16 March 2007. Since then, you have threatened a default notice, asked for payment relating to the account number above and passed on the alleged debt to your recoveries section; DLRS. All this while the CCA request, non-compliance and dispute has been ongoing. I shall now be informing the Financial Ombudsman Service with a view to resolving this matter expeditiously. Please be aware that, in the meantime, i consider the account to formally still be in dispute and according to OFT Debt Collection Guidance it is an unfair practice for a creditor to continue collection activity on a debt which is being disputed. Yours sincerely, Me CC: DLRS, Birmingham Prepared a report today for the FOS about HFC (DLRS) and will pos tthat tomorrow!

A reply from DLRS (HFC Bank), CCA: Dear Mr x, Thank you for your recent letter, the contents of which have been noted. We refer to your section 77-78 Consumer Credit Act request, please note this was issued to you on the 23 June 2007 by special delivery. We therefore return your cheque for £1 and enclose a copy of the recent request. Sarah Smith Senior Payment Advisor HFC Bank and what they sent was the same documents that i received before: priority application form, statements & T&Cs dated 06/06. (Card applied for June 2004). My reply was then that it was an application form and non-compliant etc. Looks like a letter to the Ombudsman and a reply to DLRS that i consider documentation incorrect and that the account is in dispute. ALSO, a reply from the ombudsman after complaining about Mint and Crap1: Dear Mr x, Acknowledgement Thank you for your correspondence, which has been received safely. We are currently receiving very high volumes of enquiries and we will provide you with a full response as soon as we can. If you need to contact us in the meantime, please quote reference number ************ I am not sure which creditor they are refering too though, Mint or Crap1 but i guess i'll find out when they write again.

Very disheartening! I have reported Mint and Crap1 to the FOS hoping to resolve CCA non-compliance. Had hoped they would be of more use than TS. Maybe speaking on the phone isn't a good idea and only communicate in writing. You may get a better (and more knowledgabe response?) "those little leaflets you fill in." good grief!

Just taken the clothes peg of my nose, blades65!

wish i had rung them now... would have asked, that isn't it fraud or at least deception to give the impression that a credit report costs £15 odd when actually the statutory is £2. To mind my they make a lot of money out of other peoples fear and misery and are no better than the creditors. The 'Which' man was weak and feeble too!

Just finished listening... what a load of rubbish. i sent my question: why are creditors allowed to pass date to the CRA's when the account is in dispute and legally unenforceable due to CCA non-compliance. Guess what? They didn't ask that question!

Link Financial: As suspected this morning another letter from Link Financial exactly the same as the one above but for the other account. Debt Managers Ltd (Barclays) We have requested a copy of the signed agreement from our client and will revert to you once this is to hand. Also from Debt Managers: Dear Mr x, YOU CALL MAY BE RECORDED FOR TRAINING PURPOSES Account Due To: Masterloan Our Reference: ******** Amount Due: £5188.16 Client Reference: ********** Settlement Opportunity - up to 25%(discount available)[/ CENTER] Your overdue account has been identified as qualifyinf for a discount. We hav negotiated a range of special settlement terms with a number of or clients. We are pleased to be able to offer you - without prejudice - a significant reduction Call us immediately to confirm the amount and date you expect to make payment. A dishonoured cheque will make this offer void and the full balance becaomes due immediately. Credit and debit car payments will secure this offer on the day of your call. Settlement of this overdue account may help to improve your financial status. And directly from HFC Bank: although passed to DLRS in May: Please be advised that your account is now in arrears due to failure to make your contractual repayments and the total balance as shown above is now due in full.... trained advisors... like to assist etc etc and from Cahoot: Dear Mr x, DMRS (debt management & recovery services ltd) have been instructed by Cahoot to obtain immediate settlement of the above debt. Please arrange to pay this amount by return of post. If this is not possible, please call this office today on 0845 6001618 to discuss your proposals for future payments. DMRS I'll be CCA'ing DMRS first thing Monday morning.

ah yes i see. Thanks joneshousehold! I will get something off to Crap1 today! Had something back from Link Financial today (MBNA). "You have recently made a request under Section 77/78 for copies of various documents. As you are aware Link Financial purchased your debt from MBNA Europe Bank Ltd on 21 May 2007 and as such we do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from MBNA and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide. In order for us to progress your request for copies of statements we require some additional information from you. Please can you either write to the above address or fax to 0207 793 2660 the calendar months of the statements you would like to see and we will then proceed with ordering them from the original creditor. If you would prefer to call and verbally request the statements please contact us on 0202 793 2658. No administration charge has been applied to your account at this time and therefore any payment made with your request has been applied to reduce your outstanding debt. However, where cost is incurred by Link Financial for the provision of any statements by the Vendor we will pass these charges on to you. You account has been put on hold for the next 14 days for you to contact this office with further details as requested above. Link Financial." I'd like to write them back a real grudging letter... as in, that they shouldn't have bought a debt without confirming it's enforceability, (as it was in dispute at the time they bought the debts) that they are not required to demand any extra payments towards a CCA, that they have 12 + 30 and that's all, that i want all statements from day one etc etc. But, i don't want to push them so may leave it. I'm not sure yet.

Which program is this? Watchdog or Panorama or something. You you know?

Thanks pudsters! yes that does help. Drafting a short and sweet letter to Crap1 this morning! Cheers, D

Just this from Cap1 today but containing their usual ignorance and computer generated rubbish: Please pay £556.33 now. IMPORTANT - YOU SHOULD READ THIS CAREFULLY Notice of Default served under section 87 (1) of the Consumer Credit Act 1974 You have breached your Capital One Credit Card Agreement by failing to pay us the minimum monthly repayments described in clause 8 of the agreement. You must pay the amount overdue, shown above. This payment must reach you Capital One account within 23 days of the date of this letter. etc etc etc Does anyone know the section of the law that states a default cannot be issued while the account is in dispute please?

Ok.. been thinking about things the last couple of days. Trying to sort out the muddle that has been floating around in my head and making sense of it all. Want to try and get things clear again and i felt i have lost my way in terms of goals/objectives in all this lately. Here's what i plan to do. Before, i was going to ignore the DCA's. After all, i sent the CCA requests to the creditors and no matter how they responded (application forms, out of date T&Cs, nothing!) i felt that they should be persued until they comply. But, in regards to Barclays and Cahoot (Barclays have sold the debt now) and who sent what i think has to be considered as properly executed agreements, it would be worth it to CCA the DCA now. They seem very poor at keeping records and replying to specifics generally so would 'probably' go over the 12 days. I certainly wouldn't be in a worse position for doing so. I will wait and see what Cahoot come up with though as at the moment they have me by the short and curlys! As for the others, they have not complied, ignored or sent me rubbish CCAs and have, in many cases illegally the sold the debts to DCAs. SO, to get things moving again (and after the rather poor response above from my local TS) this is the plan will i be sorting out this week: Cahoot: Wait for them to pass to DCA, then CCA them. Barclays (DCA): Send CCA HFC (DCA): Send CCA MBNA (DCA): Send CCA X2 Halifax (DCA): Send CCA Mint: not passed to DCA, TS not bothered so will complain to Ombudsman Capital One: not passed to DCA so will complain to Ombudsman I won't post those letters here. They are bog standard stuff but i will update with any replies regarding the TS complaints or new CCA default/timescale. In a way it feels like starting from scratch but i realise it isn't. My aim, if it should turn out that way, is to get thse DCAs in criminal default, then inform TS (not that they will do anything) and the Ombudsman (who hopefully will resolve things) and to end up with one of those magic letters i have seen floating about here and there "wwe are unable to fuly comply with your CCA request Mr x!!".

Hi Phantom. Have a similar problem with MBNA selling the debt to Link while account was in dispute. Going to CCA Link now and see what they come up with! Keep up the good fight!

yaaaayyyyyyy!! well done you!

Hi there, in response to your question that you have not heard of anyone having their debt rendered unenforcable, have you read this one. It's a dream we all have to get such a letter! http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/80248-tesco-visa-no-cca.html?highlight=tesco

reply to TS: Hi, Thanks for that. I will reply to Barclays and Cahoot accordingly. Although i should like to clarify that my issue re Mint is down to the validity and compliance of the CCA docs themselves and not just their delay in reply, thereby going over the 12 working day response time. I have had no reply regarding this from Mint so will be asking the financial ombudsman to investigate also. Regards, me

Time for the Ombudsman i suppose for Mint. More letters...

From TS - torbay: Dear Mr x I have examined the Barclays and Cahoot attachments to your email and can verify that they appear to be copies of 'executed agreements' creditors are obliged to provide in response to a consumer's request under the Consumer Credit Act 1974. From your previous email I see that you have also finally received the requested agreement from Mint. I have forwarded the details of your complaint to the Home Authority Trading Standards who will be able to deal with the time delay of them responding to your request and advise them accordingly. Kind regards Time delay? They were over the 12 days but under the 30. The issue here and rasied in my complaint was the content of the CCA!

Thanks evelyndarling! Yes i will keep hold of it and should i get any more i will photocopy them and send a complaint off to TS and ask of their opinion. Poor TS, they are getting much work from me lately lol

I got something equally vauge. An orange envelope. A telemessage (What ever that is.) I open it and it has my name and address at the top. Half way down on the right is the date (30th May, 2007) and near the bottom it says 'Please call Lee on 0870 240 5138". And that's it. I google the number.. it's Blair, Oliver and Scott DCA! Thank googness for the internet otherwise i would have had no idea!

First reply from the Local TS re Mint asking for permission to share my details with them. Also i sent the CCA's from Barclays and Cahoot to see what she thinks of them. All done by email so should get a reply faster than usual. Hope it's favourable, at least in regard to Mint!

It seems Barclays have now passed the debt to a DCA: DEBT MANAGERS LTD. Offices in Scotland & England PO Box 168 4 Jamaica Street EDINBURGH EH3 6UP 0870 050 1042 URGENT FINAL DEMAND YOUR DEBT IS OVERDUE FOR PAYMENT * SETTLEMENT is required now * COURT ACTION may be taken without delay unless you make contact WITHIN 48 HOURS * COURT COSTS may be added to your debt and INTEREST may continue to accrue * FAILURE TO RESPOND to this demand may affect your ability to obtain CREDIT * ALL FUTURE COMMUNICATIONS AND PAYMENTS SHOULD BE MADE TO DEBT MANAGERS LTD. Client: MASTERLOAN Reference No: ******** Amount Due: £5188.16

The post: From HFC Bank. HFC Bank would like to help you settle your account FOR A LIMITED TIME ONLY strictly without prejudice We will accept just 50% of the outstanding balance on your account We appreciate that you are finding payment of this account difficult and to help you resolve the matter we are prepared to offer you a substantial discount in the amount owing if you are able to settle the account. Ideally, the reduced amount should be paid in a single payment, although we are prepared to discuss payment of the reduced amounts in instalments. following receipt of your payment/s, we will notify the Credit Reference Agnecies, that we have accepted a reduced settlement to satisfy the account. Please be aware, that although the account will be marked as satisfied, the original default will remain on your credit records for a period of 6 years. The reduced settlement notification and the default may be taken into consideration by other lenders if you apply for credit in the future. Please note that this discount is valid until 29th June 2007. Thereafter, the discount shall not apply and the original amount will be due in full. Call us NOW on 0800 032 8764 We are waiting to help you.

To TS-Chester. Dear Sir/Madam, I wish to report a breach of the Consumer Credit Act 1974 (Sections 77-79) in relation to a Consumer Credit Act request that has not been complied with by MBNA Europe Bank Ltd. The request in relation to account numbers *********** and ********* were sent 19th April 2007. 8 May 2007 I received a letter stating that one of the alleged debts (whose account number i did not recognise on the letter) had been sold to Link Financial. A follow up letter dated 12th May 2007 to Stewart Johnson (Assistant Vice President) reminded MBNA of their legal obligations in supplying a properly executed agreement and to state that while an account is in dispute a debt cannot be enforced or sold to a third party. I eventually received documentation from MBNA on the 18th May 2007 in response to the original CCA request which was a jumble of paper work: application form, one statement and terms and conditions unrelated to the period of application of the above card accounts and in my view did not constitute properly executed agreements as is required under the Consumer Credit Act 1974. My reply dated 19th May 2007 was to inform MBNA Bank of their error in sending such inadequate non-compliant documentation; to state that MBNA were in possession of the CCA requests and had not complied with them when the alleged debt was sold to link Financial; and that a debt should not be sold while an account is in dispute. On the 7 June 2007 i received a letter stating that a debt had been sold to Link Financial and again, with an account number i did not recognise. MBNA’s reply dated 11 June contained their refusal to remove a default from my credit file or to revoke the selling of the alleged debts to Link financial and contained no response as to my previous and numerous communication to be supplied with a properly executed agreement for the above mentioned accounts. It is my understanding that while the CCA request has not been complied with within the statutory time frame that an account is then in dispute and legally unenforceable and that the creditor is then in Default. I also understand that while an account is in dispute that a creditor cannot pass or sell a debt to a third party or issue a Default on a consumers credit file and since I sent the CCA request I have had no satisfactory explanation from MBNA regarding the failure to supply a properly executed agreement/s. I ask that you investigate these breaches by MBNA and enclose copies of letters sent to MBNA dating from the original CCA request of 19 April 2007. Please write to the above address if your require further information. Yours sincerely, Me

my answer to MBNA: Thank you for your letter dated 11 June 2007. In reference to the selling of the alleged debts to Link Financial and other matters included in your recent letter you seem to have ignored the detail of my previous correspondence regarding several clearly specified points. For ease of reference: 19 April 2007 I sent a request for the Credit Card Agreements under the terms of the Consumer Credit Act 1974 (S77/79). 8 May 2007 I received a letter stating that one of the alleged debts (whose account number i did not recognise on the letter) had been sold to Link Financial. Up to this point I had not received any documentation relating to the CCA request of 19 April therefore putting the account in dispute and rendering the alleged debt unenforceable. On the 12th May I wrote to Stewart Johnson raising my concerns that no CCA documentation had be forthcoming, stating that a debt cannot be sold to a third party if the account is in dispute and asking, again, that the CCA’s be complied with or written confirmation that MBNA were unable to do so. On the 18 May 2007 i received documentation in reference to my original request under the Consumer Credit Act. My reply to this dated 19 May stated that i did not consider those documents to constitute a properly executed agreement and that the alleged debts should not be sold while an account is in dispute. On the 7 June 2007 i received a letter stating that a debt had been sold to Link Financial and again, with an account number i did not recognise. As you will clearly see MBNA have not acted properly in regard to this matter or given a satisfactory explanation for the delay in supplying any documentation relating to a properly executed agreement or supplied a satisfactory answer as to the legality of selling a debt to a third party while an account is in dispute. Therefore, a report will be compiled and sent to Trading Standards and the Financial Ombudsman and as a consequence the accounts are still formally in dispute and I do not acknowledge any debt to MBNA or any third party and will await the outcome of any investigations by the above mentioned organisations.