To Regal Credit: N O T I C E ACCOUNT IN DISPUTE Dear Sir/Madam, In reference to your recent letter. Your failure to adhere to my previous letter asking that you communicate with my Legal Representative only and in line with OFT Debt Collection Guidance (2.8 © (refusing to deal with appointed or authorised third parties, such as Citizens Advice Bureaux, independent advice centres or money advisers) has been duly noticed and reported to the OFT. Also your letter suggesting payment by Credit Card towards the above alleged debt which is irredeemably unenforceable is inappropriate to say the least. This has also been brought to the attention of the OFT. I suggest you take OFT debt collection guidance more seriously after the recent action taken against other unprofessional DCAs, namely, 1st Credit and Mackenzie Hall, as the OFT are cracking down on unlawful and unfair debt collection practices and your organisation could be next. In respect to your ridiculous suggestion of sending a ‘field agent’ to my property, this has also been reported to the OFT as an infringement of Guidance: 2.12 (a). I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly and i will ask the attending Police Officer/s to arrest your so called ‘field agent’ on grounds of trespass and attempted fraud. In respect of the irredeemably unenforceable account you are demanding unlawful payments towards i suggest you proceed with the statement made in your correspondence of the 1st April (assuming that wasn’t an April Fools joke of course) and either: Begin legal action yourselves OR Make a recommendation to your client that they proceed with Legal Action with immediate effect. I’m afraid you have no alternative as i shall not be making any payments towards the above alleged account under any circumstances. Yours sincerely, Davey

That's the ones guys... thanks! "Dear **** of the earth" lol

Flyboy.. can you post the application form up on your thread. (scan or take a photo). Minus personal details.

Anyone know where the 'removing access to your property under English common law' letter is? Can't seem to find it this morning

I take it it's an application form with no prescribed terms therefore unenforceable? I would try the method of getting the original re my post 67.. or the CPR. Doesn't look like you are going to get anything else out of them any other way.

I think they will answer questions on any subject from what i have read but yes, it's all over the telephone and you still do all the writing. I know what you mean.. all the info is on here, on this site but it's just a matter of time and finding the right angle sometimes. Just looking at all possibilities tho especially if i will be taking anyone to Court. I could use them as a back up for immediate info knowing it comes from a pro as it were.

I suppose i could try TS (ugh) There is also a complaint i could do about the suggestion of using a credit card to repay as well as not communicating with appointed representatives (even tho the solicitor is no long on the case). Trying to word a letter that revokes their access to property and makes it clear the only way forward is to take Legal Action against me. hmmm

So much for them taking notice of the 'contact the Solicitor' letter then!

Make a complaint re the lack of SAR to the ICO

The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts http://www.credittoday.co.uk/news/news-item.cfm?news=1103#content "The OFT is also understood to be investigating several other debt collection agencies in a crackdown on the sector." About B****y time too!

Well those Solicitors have said re mint that they have run out of Legal Aid.. £500 and they wrote one letter. hmmmm Nothing heard on the position re HFC.. but i am assuming it will go the same way if they use cash up at that rate! From the Which? website it all looks quite rosey although i tend to like to know people that have actually used a service rather than believing the claims on a website alone. Rather suspicious these days.

Don't know.. just found them today and 'look' like it could be another useful avenue. Be nice to get all the regs and ideas i have backed up by a pro and be able to ring a Legal mind when ever i feel like it for what seems a small cost. Although the Solicitors are turning out a bit lame it was nice to have bonafide confirmation that all i have been saying to the Creditors the last 2 yrs was correct at the very least. Still browsing though and trying to find others that have had actual experience with them.

ok, i think my next step will be to SAR Cabot. Avoiding S 78 requests altogether.. that 'should' produce the other pages and if not will result in an ICO complaint.

Has anyone used the Which? legal service?

Has anyone used the Which? legal service?

It seems the “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” has a get out clause: (If any)... Which is what creditors use and TS rely on not to supply and/or investigate further re S 78 1. As a consequence I'm not sure where to go with this one but to ignore Cabot until they make an offer.

I also notice TS haven't really answered my question regarding the charges Cabot are applying to the account each month. These can't be 'late fees' as they suggest as the account has been terminated and sold?! I'll give TS the 'improperly executed can only be decided by a Court' but they haven't replied to the point i made about the other pages and monthly charge. I feel i have been given the brush off by TS.

Hi Livis.. yes i know what you mean. Almost feels like a letter from the FOS or a creditor themselves the way they word it

Sorry, what i mean to say was complain about the lack of CCA to TS. I'm afraid the ICO are no interested in complaints re agreements. (You could try but don't think you will get anywhere.) Either case, requirements for ID are usually a delaying tactic or to obtain your signature personal info for 'other' reasons. http://www.consumeractiongroup.co.uk/forum/barclaycard/117816-barclaycard-asking-signature.html#post1193507

From what i have read there is no requirement in the CCA that states a signature must be supplied. I believe the ICO agrees in that, if the creditor has been sending you statements, requests for payment and calling you and that they have included an account number, name and address on recent occasions, then they know fully well who you are and have no real justification for requiring further proof of your ID. Of course, a lender has a duty to make sure they are supplying information to the right person in such cases where there has been no communication for months or even years but if they have been in communication with you then they have no VALID reason to doubt who you are. You can always email the ICO and ask them under such circumstances (recent communication ect as above) if there is a need to supply further proof of ID. I understand from others that have done so, that they have had a favourable response from the ICO and have forwarded that to the Creditor in question. In any case, i would just complain to the ICO that the creditor is using frivolous and invalid reasons for denying you access to information.

If any of the calls are silent you can report that to OFCOM (they won't be interested in human calls, just automated dialers with nobody at the other end.)

Report the lack of SAR to the ICO Report the lack of an agreement plus telephone harassment to TS I wrote a complaint letter to TS recently. You could use that as a basis for a letter of your own. Pretty straight forward really..don't ramble, give the facts and copies of docs in the correspondence etc: http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/186913-davey-halifax-bos-cabot-2.html#post2091282

I spoke too soon: In other words, don't bother us with this rubbish again as we are not interested...

No reply from TS (what a surprise) and it's 2 weeks this tuesday i sent the letter. If i don't have anything by then i'll write another letter.. and another one.. and another one until they take notice.

TS will probably reply that it's nothing to do with them or the creditor has complied with section 78. Either way don't let them fob you off as a proper opinion from them re needing the original properly executed agreement in Court could prove a useful arrow in your quiver for later. You may get lucky and have a TS that know their job tho.