Damn right. Got 2 letters today - both dated 7th Jan. Letter 1: FIELD AGENT VISIT. Holy crap!! Jack Bauer is coming to kick my a**!!! Oh wait, they are sending it over to Scotcall, not CTU. Letter 2: Notice of intention to preceed Litigation Section blah blah County Court blah blah 10 days to offer payment blah blah Failure MAY result in a CCJ, Attachment of Earnings registered against my property..... like to see how when I own no properties and have no assets linked to me!! I'm more than happy to go to court so I can explain how they have failed to fulfill a CCA request for nearly 2 years, had athem ringing repeatedly despite being asked not to in writing, registered a default on my CRA file without issuing a default notice and whilst the account was in dispute and finally how their staff have repeatedly lied about the "change in the law meaning they no long have to fulfill CCA requests"

Yes it could, it could have been Abbey!

I didn't mention it to them at the time - you always have 20:20 vision in hindsight!! I'm glad I didn't now......not that she'd have even know the difference!

Hello, I'm having some "fun" with Marlin at the moment. I can't remember exact dates as I don't have all the documentation to hand but I'll try and explain. I had a car through British Credit Trust and I fell behind with repayments in 2004. BCT registered a default on my credit file (I don't remember ever getting one but it was a long time ago) and Marlin picked this debt up approx 31/2 years ago. BCT then changed the default to settled. I was happily paying them each month but they wanted more money.... I couldn't afford the original so why would I be paying Marlin more?? I CCA'd them in April 2007 and I got a badly photocopied copy of the agreement, and a bunch of "notices of assigment" which assigned and re-assigned to different trading names of Marlin (Nothing from BCT and nothing that even identified me or my debt, or anyones debt for that matter) no T&Cs, not statements etc.... I let the time expire and informed them that I would no longer be paying them as they are in breach of the CCA request. I heard nothing until a monthly check on my credit file shows that Marlin registered a default on my account in October 08. I contacted the CRAs and advised them the debt with in dispute and that they have not issued any default notice from them and as such the default should be removed..... got 2 standard letters back. Equifax sent the "they have not responded to our letter and as such we removed the details" letter. Experian sent their "the company registering the default say it's correct therefore it stays". I got a letter from Marlin that was on the lines of "You owe us £xyz and that's why we can put the default on your account". With Xmas looming I left it for the time being and I got a phone call on the 17th or 18th Dec from James at Marlin. James: "Just wondering when we will receive your payment...." Me: "When you fulfill my CCA request from 2007" James: "Oh..CCA request? Did you know there was a recent change in the law?" Me: "Really?" He then went on to explain the "change in the law" that meant they no longer had to respond to CCA request....... you guessed it.. The Rankine case. I was not aware of the Rankine case at the time so I asked for a short time to look into this. I jumped on the net and found the judgement and chuckled to myself. I reckoned that as it's getting close to the end of the year that they want some extra cash coming in via scaremongering. I went away for Xmas and I have come back to 3 calls from Marlin whilst I was away. On the 2nd Jan I received a phone call from a rather eloquent young lady. First they didn't need to respond to the CCA request as the account was terminated. I said that if the account was terminated, under what authority and under which account did they issue the default in October. I then asked why they deciced to partially fulfill the request in 2007 if they didn't need to. I could hear furious tapping on keyboard. "Well there was a recent change in the......" "Law ....The Rankine case?" I interrupted. "YES". I chuckled and tried to explain changes of law vs precedents vs case law. I was cleared wasting my time. I asked if she had an legal training at all and she told me she did. I asked to what degree is she trained and she just kept shouting down the phone that she didn't need a law degree . I said to her that until such time that she can converse with me properly and stop shouting that she'd need to call back and if not then just take me to court. She to get a "we are gonna make you bankrupt" in before I hung up. Today I receive a call from Maggie. I swear they read from the same script. Maggie pointed out that I'd acknowledged the debt by paying it in the past so why wasn't I paying it? I said I have not disputed the debt, merely that the debt is unenforceable. She asked why I thought it was unenforcebale so I again went through the CCA and that they are commiting an offense. "Well stealing is on offence, you borrowed my money that you are not paying back". I said it's a civil offence, not criminal if I had stolen her money to call the police. I should have quoted Section 1 (1) of the Theft Act 1968 at her, the section about permenant deprivation, and that I'd happily pay once they fulfill the CCA request. She replied with a cheery "SEE YOU IN COURT" before slamming down the phone. 10 mins later the phone rings again.... some guy who I can only describe as sounding like a typical amercian "stoner" asked for me. I said I'm not here at the moment can I take a message. He thought about it for a few seconds.... maybe trying to comprehend how I managed to answer the phone if I wasn't there and said he'd not leave a message and hung up. Anyway, storytime over and it's time for questions. 1) In my initial CCA I requested only contact by letter. I've had 6 or 7 calls in the last week alone, plus some whilst I was away. How do I best deal with that. 2) Having paid the debt previously I can no longer say I don't acknowledge the debt. Has this prejusticed my position at all with the breach of CCA request being my only defence. 3) If they do send a SD, is the breached CCA request enough to get it set aside? 4) The addition of the default on my credit files whilst in dispute. WHat can I do about that? I've read recently about the cases where compensation was granted for damages in similar circumstances - one about a cheque being bounced be a bank for no reason and another about a laptop not having a modem. Is it worth pointing out these case to them in hope that they may back down?? Thanks in advance Pete

I had EXACTLY the same response when I asked them to remove an incorrectly added default by Wescot. Strange that Wescot dont reply to Equifax on the query and as such Equifax remove the default, yet they respond to Experian saying that the default is to remain on the file. I contacted the ICO, who took 7 months to respond and they advised Wescot to remove the entry immediately. I didn't find this out until after 12 months of chasing the ICO who were told by Wescot that they had done it! I pointed out that they hadn't and it was finally removed. Now I'm in a similar situation - debt in despite, CCA defaulted and 18 months later they slap a default on my account - yet no default issued. Equifax wiped the entry in 7 days as they got no response from the DCA, just waiting to hear back from Experian and I reckon that they too will miraculously contact Experian saying the information is to remain. We'll wait and see.

By "they" do you mean the DCA? In which case no. I'll probably write to them to remind them of their unfulfilled obligations in regards to the CCA request for April 2007 and see what they do. If you could dig out so links for me that would be helpful. Thanks Pete

Hi Guys, A quick question. I had an account go into default and my credit file got updated. It was passed to a DCA who then starting taking the mickey so I CCA'd them (in April 2007) and subsequently they failed to comply and I've heard nothing more from them. Today I had an alert from Equifax saying I had a new credit agreement on my file... the original default is now showing as "satisfied" and the DCA has setup a new account and marked it as defaulted. I thought I read that there can only be 1 reference to a debt, ie the creditor and the DCA can't both show it as defaulted, but does that apply with accounts now marked as Satisfied? I'm guessing this maybe a slightly different kettle of fish. Also, are they allowed to put this on my credit file whilst the account is very clearly in dispute and has been for over a year?? Any comments would be helpful. Pete

I was sure linked addresses were 6 years too so when an old linked address from late 1996 (which was linked to in June 2002) did not drop off I prompted Experian as I normally have do to have it removed. I got this response: Dear [PeteT] Thank you for your email, which we received on 21 August 2008. Linked address information can be retained for up to eight years. Each request to consider a linked address entry that is over 6 years old is dealt with on a case by case basis. At this time I am unable to remove the linked address entry dated 02/06/02. Please bear in mind that changes to the Data Protection Act 1998 came into effect from 31st October 2004. Since then, credit reference agencies only supply you with financial information relating to you. Your report will show the name of anyone with who you have a recorded financial association, but their financial information will not appear on your report. Lenders will no longer make decisions using financial information about people you live with, have lived with or who have previously lived at your address unless you share a financial connection. Kind regards Mr Steve A Mcdonald Consumer Service Officer CreditExpert Since when can they retain linked addresses for 8 years? That's the first I've heard of it. Also what is this BS about them being the judge and jury about what they can and can't remove?? There is absolutely no reason why the home I m oved out of in 1996 can not be removed. I've asked them to clarify which piece of legistlation allows them to circumvent basic Data Protection Act principles that data is not kept for longer than is necessary. I await their response. Pete

Postcodes for PO Box usually relate to the physical location of where the PO Box is, not who hold them.

Sounds familiar. I received a series of letters from Capquest in regards to an alledged EON debt - Name is similar to mine and is not a mistype. I contacted Capquest and advised them that I've never been a customer of EON/Powergen or ANY Gas/Water/Electric company as the bills have always been in my partners or the property owners name. Prior to starting their letters they did search my credit files for my current and previous address, however this debt relates to neither of these properties, and when I pointed out that unless they can get the correct name / address and some sort of proof that I was a customer of their client that they can go sit in the corner with a dunces hat on. A few days later I get a letter from "H L Legal" saying that they are going to send "Scotcall" around as I've failed to contact them. HAHAHA

I can say that in 2 cases, one with DLC and 1 with Wescot. I asked DLC to simply remove the default until such time that they comply with my CCA request (which is 18 months old now) and they removed it. Wescot stood firm (despite completley failing to comply with CCA in any way shape or form for the last 18 months) and refused so I approached all 3 CRA and 2 of them didn't hear back from Wescot so they removed it. Experian stated that they received proof that not only that the debt existed that it is enforcable. I contacted the ICO and although it took 6 months to get anywhere all they got from Wescot was copies of my statements from MBNA. On going through the statements the ICO noted that the date of the default on my credit file was 2 years later than it should have been (and making it near 8 years old) and ordered Wescot to amend it. That was in March and guess what.... it's still there. So, swings and roundabouts.

That is assault - report it to the local Police force. The police would only get involved if there is a potential for a breach of the peace. I do not think a baliff would be stupid enough to lie to get a police assistance when they have no right of entry to your property (I could be wrong tho as I've heard of som really dumb baliffs!!!) Yes, they can make peaceful entry only and once they have made peaceful entry they can return at any time and force entry if they need to. However, they can can sneaky and ask to use your phone, or toilet. Don't be fooled as that constitutes a peaceful entry. After a "reasonable time" after asking them to leave the property they are commiting trespass. Call the police if this occurs...... however I'm not sure if this only applies to the landlord as it's his property or if you as a tenant have that right too - I'd be calling the police either way. They have the same powers of arrest as Joe Public, ie a citizens arrest and the grounds for a citizens arrest are shaky at best. Just laugh at them. Kidnap or threats of kidnap is a serious commonlaw offence.... not sure it applies to pets, so in that case as the pets is your property it becomes simply theft. It could be argued my they that they have simply levied the animal though Despending on what was said and the context that also could be assault. Good luck to them with that one You need to contact the Council involved and get some sort of payment plan moving asap. Do not deal with Rossendales. Work out how much you can realistically pay and offer the council this. I have read (in the case of outstanding arrears) that your should look to pay them back over 12-24 months as you do not want to comprise your current payments. Make it very clear that you are not refusing to pay, but are asking for help and time to pay. Court action with the aim of getting you into prison can only be taken if you refuse to pay - so never refuse to pay. I'm fairly sure that they will not force entry unless they have the paperwork to cover themselves in case the police get called. If they can't prove that they have entered previously they probably wont try (But again I've heard of some dumb Balliffs) Balliffs use any tactic they can to basically scare the cash out of you. They will often threaten action that they can not take and outcomes that are not possible. You seem to know the way things are already so do not let them intimidate you. Stand your ground and be firm with them and get things sorted with the Council directly and cut them out of the loop. EDIT: I have just read your followup post. It sound like you need to seek some proper financial guidenace for your situation. If things carry on the way they are then you could start a downwards spiral where there are many balliffs knocking on the door. Have a read through the site and get an idea of who you can speak to about your situation

I had Rossendales knocking on my door for an unpaid Council Tax Bill from a property I'd lived in 5 years ago. I had genuinely overlooked the final amount and dealt with the Council to get the amount correct, but they kept pushing me towards Rossendale for payment plans. I wrote to the council and suggested £30 a month payment for 11 month and the £18-odd pound balance in month 12. This was from advice from another site, but they said make it over 2 or 3 years if the amount was a lot. I can cover £30/month so I made it 12 months and sent a cheque for the first amount with the proposal. They cashed the cheque. I sent the next 2 cheques on the dot (which got cashed), but kept getting letters from Rossendales. After I sent the 3rd cheque I finally got a response from the council saying that they accepted my proposal (probably due to the fact that after accepting and cashing 3 cheques that a court may see that as accepting the offer anyway) and I've not heard from Rossendales since. If they do turn up again I've got a photocopy of the acceptance letter near the front door and I'll hand it to them and ask them to not let the gate hit them on their way back out ;-)

It appears that other thread has just been pulled. I hope it's not due to the light hearted comment I made.

Other than they are a useless bunch of ******** that could not organise a p*** up in a brewery!! I reckon I'll wait until it's 1 year out of date and send all the letters over to TS and ICO - lol

For what it's worth I got my 2 monthly letter from Hillsden today, the one saying they have chased the CCA request and will contact me again in 21 days.... as the CCA rapidly approaches 12 months old!

Well DLC shot themselves in the foot not taking the 80% (which was several thousands) and running. Now they get nothing for still not even attempting to fulfill a CCA request from Feb 07 and the money is sat in a high interest account until such time that that do produce the goods!

Gotta subscribe to this one!!

The bit I dont understand is that I raised another complaint approx 10 days later with regard to another company and had it resolved approx 6 weeks ago (making it about a 6 week turn around!!)

I was hoping for some swift justice.....but I'd still not heard anything from the ICO about Wescot. Just rang the ICO to find that they are processing files from mid June today - gah!!! DMD - If you are planning on taking the the non complicance up with the ICO that you will be prepared to wait!

Is the debt showing as 0 as the debt was re-assigned to DLC/Hillsden? I doubt that would be the case if they offered you a new card! As you have CCA'd them and they have failed to comply I would advise them of the info from Citi and give them some time to remove the default. If that does not work, raise a case with the ICO and send them copies of your CCA request, the response from DLC/HS, the info from Citi, the request to remove the default and the response (if any) - You can do it all online if you have access to a scanner to scan your docs.

Did you blank out your account number on the DOA? If not, it could be for ANY account!! Oh, BTW, I still get updates from DLC/Hillsden every 6-8 weeks saying they are trying to get the credit agreement from their client from a CCA request from February!

CCA them. They are SUPPOSED to provide a statement of account as part of the CCA request. If they fail to, raise a complaint with the ICO (nice and easy to do online - I've done 2 now) and maybe contact Northants Trading Standards too. However, if you have overpaid they might not produce a statement and simply say it's written off hoping you'll leave it....if that happens I would SAR them.

LOL - How hard is it?? They are filed by date, agreement number or surname. Maybe they should a) get a filing system or b) get staff that know how a filing system works or c) don't destroy the agreements to save space in the offices after they sell them on incomplete.

I still getting letter from DLC every 4-5 weeks saying the same thing: "We've requested the information from the original creditor and will let you know when we have it...." Not bad for a CCA request from the 8th Feb 2007