I wrote to Lowell and said I would only communicate with them in writing. I received a letter acknowledging this and stating they had remove my phone no from their records. Since then I have received several text messages on my phone (landline) asking me to call them. Surely this is a breach of regulations.
Can anyone advise please.
Thanks

this post is excellent buddy ive just been chased by that company for a debt im not responcible for and for anyone who like me who are contacted by lowell
you should contact an organisation known as Safe c/o 69 sutton rd heston hounslow london tw5 0pn and inform them of your complaint as lowell portfolio 1
are under investigation by an all party group for chasing debts older than six yrs which isnt legal…. thx for the info buddy keep up the goodwork

I have just received a letter addressed to ‘Mr David J Jolland’ , ( made up by me to hide my true name) when in fact my name is ‘David J Holland’. They say a debt of £1,267.35p is owed to Capitol One.
I have never had an account with this bank though they say the last payment was made on 3 September 2005. The limitation act says any debt over six years old is unrecoverable. So they think they have contacted the debtor whose limitation line ends on the 5th December 2011?
I have sent the letter advised at the start of this thread and received a reply saying they are sending off for a copy of the original lender (Capitol One)agreement.
My question is ; because they have spelled my name wrong , and I do not owe this debt, what will happen?

I also enclose their accounts as it is a public document. Should anyone want further details on the Directors please ask.

Date Of Accounts 31/08/10 (%) 31/08/09 (%) 31/08/08 (%) 31/08/07 (%) 31/08/06
Weeks 52 (%) 52 (%) 52 (%) 52 (%) 52
Currency GBP (%) GBP (%) GBP (%) GBP (%) GBP
Consolidated A/cs N (%) N (%) N (%) N (%) N
Turnover £62,237,000 33.1% £46,765,000 16.4% £40,164,000 55.2% £25,882,797 – -
Export – - – - – - – - –
Cost of Sales £26,528,000 – £21,587,000 – £18,840,000 – £12,470,730 – -
Gross Profit £35,709,000 41.8% £25,178,000 18.1% £21,324,000 59% £13,412,067 – -
Wages & Salaries – - – - – - – - –
Directors Emoluments – - – - – - – - –
Operating Profit £34,794,000 41.5% £24,591,000 17.6% £20,919,000 59.5% £13,114,035

THIS IS NO SCAM COMPANY judging by the many companies they own and the damn profit they makle from others misery.
Please ask for any details you wish about them, it costs me nothing.

UPDATE

sent letter and it seems to have solved the problem with lowell and red , MANY THANKS

Thanks for this thread people, it is very helpful, will use a distillation of the info and see what happens.

i have just noticed that lowell who ever they are have been taking money out of my account every month, now its not a huge amount but it as been going on for months, iv no idea who they are or how they got my bank details, there is no direct debit set up it just comesw out of my account as if i have paid for some thing, im now having to ring the fraud squad ect.

Hi, I have been paying LOWELL for almost 6 months for a previous debt with Natwest bank. As I have a standing order set up is there any way I can dispute this? I do owe the debt and I have acknowledged that I will pay the debt at £30 per month. There is no update on my credit report of any payments made and I’m now beginnning to feel like this may be a scam?!?!’ please help put my mind at ease!

I do owe lowell & co they sent me a letter from hamptons legal do i write to these people or not

Never pay any DCA until they have sent you a copy of the Credit Agreement. If they do send you a copy within the statutory time limit(12=2 days) make sure it meets the Prescribed Terms.

Prescribed Terms

A Amount of credit
A term stating the amount of credit

B Repayments
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

Which of these applies to you depends on the type of agreement you have?

For a Running Account (credit card) agreement

BC and D is applicable

For a Restricted Use Debtor Creditor Supplier

* Where the dealer is the supplier and the creditor is the one providing the finance.
* The money can only be used for the purpose it is given.
* There is no interest on the purchase (the cash price is the same as the total price)
* And there is no advance payment

A is applicable

For a fixed Sum Credit Agreement
A conventional credit agreement with none of the above restrictions

A and B is applicable

If they do not respond to the CCA request (after the initial 14 days), then you send the following reminder letter allowing an additional 30 days;

Dear Sirs,

Account No:

I refer to my letter dated XXXXXX in which I made a formal request under the Consumer credit act 1974 sec 77-79 for true copies of the regulated agreement refered to in the above account number. You are reminded that you are obliged to supply these under sec.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00 for this account.

To date you have failed to comply with my statutory request and have defaulted in respect of this account. Additionally this alleged agreement is unenforceable until such time as the default is removed or enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as the default is removed.

Consequently I am ceasing all payments to your company until such time as this matter is resolved. It is also my intention to report this matter to the appropriate enforcement authority.

I await your prompt response.

Yours faithfully

Sign digitally

Lets assume they respond to your CCA but there is incorrect data showing, for example the prescibed terms are not intact. Then you’d send the following letter;

CCA Request Query Letter

Dear Sirs,

Account No:

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a document a copy of which is attached which did not comply with the requirements of the Consumer Credit Act 1974.

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection;

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states;

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40.

Since the agreement is unenforceable, it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

I respectfully request a response to this letter in 14 days.

Yours faithfully

Sign digitally

Lets assume that the DCA/OC has issued a default against you, and you never received a copy of the default notice. Then you’d send the following letter;

Request for proof of Default

Dear Sirs,

Account No:

After recently obtaining a copy of my Credit File from the Credit Reference Agencies, I am concerned to note that your company has placed a “Default” notice against an alleged account I held with you.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

2. Please also supply me with a signed, true certified copy of the original default notice.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

I would request that this data is provided to me within the next 14 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.

Yours faithfully

Sign digitally

Lets now assume that they still have not responded to your CCA request (after the intial 14 days plus the 30 days extra already given), you’d then look to formally place the account into dispute and raise s.10 Cease & Desist (processing data);

Account in Dispute – Section 10 Notice

Dear Sirs,

Account No:

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.
(date = 12+2 days after you sent the CCA request – delete this text)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore;

You are aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter and look forward to hearing from you in writing within 30 days.

Yours faithfully

Additional letters that may be of use…….

The following letter would be sent to a DCA/OC when they confirm that they have not got a CCA for you. You can use this version or the version in post 1 of this thread, there are various ways to word the same threat and this is one of many!

Remember to complete the XX’s with the correct dates.Additional letters

Alternative Follow-Up Letter after failed CCA

Dear Sirs,

Account No:

I do not acknowledge any debt to your company.

I wrote to you and sent the letter by Recorded Delivery on XX/XX/2009 asking for a true copy of the Consumer Credit Agreement together with any relevant information under Sections 77-79 of the Consumer Credit Act 1974, enclosing a £1.00 cheque / postal order as the fee payable. This letter was delivered and signed for on XX/XX/2009 and my cheque was cashed XX/XX/2009.

The Consumer Credit Act allows 12 working days for this request to be carried out before you enter into a default situation. As you have replied to me confirming you have no CCA then the account must remain in dispute which refers s.10 CCA (cease & desist processing data)

As you are unable to comply with my request for the agreement, as required by s.78 of the Consumer Credit Act 1974, nor any other information relating to the account and as such, this account has become unenforceable by law. As you are no doubt aware ss.6 of the CCA states:

“If the creditor under an agreement fails to comply with ss.1 (CCA.1974) then (a) He is not entitled, while the default continues, to enforce the agreement”

As the 12 working days have now expired, from your receipt of the request for the agreement and supporting documents until now, the account is now formally in dispute and whilst it remains in dispute, the agreement is unenforceable.

Whilst it is unenforceable, no interest can be added to the account and no action can be taken against me such as defaults or adverse data registered at any of the credit reference agencies. As you have already added a default against me, I hereby give you 30 days in which to remove the default or supply me with the Consumer Credit Agreement to enforce the default.

There is no debt as there is no agreement and therefore the default that you registered against me is unlawful and will be defended by demanding enforcement of removal via the county courts, if necessary. We both know without a true copy of a CCA then the chances success are slim, to say the least.

Furthermore, under the Data Protection Act (s.10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 30 days confirming that you have complied with this request.

Yours faithfully

Sign digitally

You would send this letter to the lender after 6yrs of not acknowledging the debt, give it a month and then you can send a copy to the CRA who will then remove any default from their systems.

Again, simple process to sort out – just remember never admit that you had the account, it is always referred to as an ‘alleged account’ or the account you refer to. Do not use the term ‘My Account’ especially not within 6yrs or you’re back to square one again.

You must send it recorded delivery (proof of postage) and do not sign it – get someone else to sign for you or use a type font when you print it!

Statute Barred Letter (England only)

Dear Sirs,

Re: Statute Barred Account – Numbered – XXXXXXXXXXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued”.

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970″.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

Sign digitally

Scottish version below.

You would send this letter to the lender after 5yrs of not acknowledging the debt, give it a month and then you can send a copy to the CRA who will then remove any default from their systems.

As above, don’t sign anything and make sure it is sent recorded to trace when it was received.

Statute Barred Letter (Scotland only)

Dear Sirs,

Re: Statute Barred Account – Numbered – XXXXXXXXXXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 “If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged, then as from the expiration of that period the obligation shall be extinguished:”

I would also point out that the OFT say under their Debt Collection Guidance on Statute Barred debt, that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

I look forward to your reply.

Yours faithfully

Sign digitally

This letter would be sent to a creditor/DCA whom you want to pay, lets say a mobile phone bill of £80 – its not worth a default so send this and see what the lender says – usually they’ll agree cos they want money – a default issued with no money does them no good.

This doesn’t tend to work with banks, but will do for utilities and/or catalogues. However if a DCA is dealing then always worth a go – so long as you can afford it of course! Just add the amount you wish to offer in exchange for default removal.

Remember to edit the 50% to whatever you prefer – although 50% is a great starting point…

Letter to arrange payment for Default removal

Dear Sirs,

Account No:

I write with reference to previous communication regarding an outstanding balance on the account and wish to make an offer to resolve that will suitably please both parties.

I do have an outstanding balance on the account, as you are fully aware this is made up primarily of charges. However, a default to you and no payment will not achieve much and so I therefore write to try and resolve matters amicably, that will suit both of us long term.

I propose to offer a full and final payment to settle and close this account to the value of 50% of the original amount, which will take into account and absorb, a lot of the charges that have been added to the account throughout time.

The alternative is for me to place the account formally into dispute and demand s.10 CCA (1974) is brought into play (cease & desist) whilst I reclaim all unlawful charges combined with all costs. I shall then look at the legality of the assignment of debt; the issuance of a default notice and the agreement (prescribed terms) and between them, i’ll probably be able to counter sue and litigate over unenforceability.

To confirm, I am more than happy to settle as much as 50% of the total amount owing so long as you can agree to, and ensure that, the following actions will be carried out;

* The Default Notice will be removed
* The Status of the account will change from “Defaulted” to “Settled”
* The Current Balance will appear as £0.00
* The Default / Delinquent Balance will be set to £0.00
* There will be no date in the “Defaulted Date” field (as it will be removed)
* There will be no date in the “Date Last Delinquent” field on the report
* This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you’re happy with my proposal, please respond confirming each of the above points on official letterheaded paper, confirming the exact amount owing and I will send a cheque by return.

Failure to agree will result in more formal papers being sent, by return.

I look forward to your response.

Yours faithfully

Sign digitally

Lets assume that you have paid the debt off to a lender/DCA but then find they have added a default notice. Regardless of whether the default notice was there before, or after, you paid it is possible to try and argue for its removal.

First of all, you should be requesting a copy of the default notice, using the following template letter.

Request for proof of Default

Dear Sirs,

Account No:

After recently obtaining a copy of my Credit File from the Credit Reference Agencies, I am concerned to note that your company has placed a “Default” notice against an alleged account I held with you.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

2. Please also supply me with a signed, true certified copy of the original default notice.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

I would request that this data is provided to me within the next 14 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.

Yours faithfully

Sign digitally

If the lender/DCA replies confirming they cannot find the default notice or that they do not have to issue you a copy as there is no debt, then you’d send the following letter which is a more severe threat by way of issuing enforcement papers (CPR31.16) to them in order that they supply the default notice.

You’re hoping they cannot supply you one in which case you should seek removal of default using the fact you did pay to your advantage. The letter below is a good starting point, combining several aspects of various letters.

Letter to request copy of Default Notice – Formal Demand

Dear Sirs,

Account No:

After recently obtaining a copy of my credit file from the credit agency, I was extremely concerned to note that you’d added a default notice against me on XX/XX/XXXX.

I feel this default entry was not only added unlawfully but also without merit as I agreed to settle in full and was told no default was be registered against me, doing so has immediately put you liable to a breach of Consumer Credit Act 1974, in particular s.87(1) of said Act; I quote the relevant parts for your perusal:

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (‘the 1983 Regulations’), which includes

* a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
* a description of the agreement
* the name and address of both the debtor and the creditor
* details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;

As is clearly evident from all previous communication between us regards to this default, I never received any such notice and as a result I contest the accuracy of the default and until such time you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency (CRA).

I am more than happy to issue you a Subject Access Request which should include a copy of the documents I request, which I am hopeful will include a copy of said termination and default notices which, if they are missing, will leave me no alternative but to seek legal enforcement via CPR31.16. Without sight of said default notice, I cannot argue the authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be claimed.

It would, however, be in both our interests if you simply agree to remove the default being that I did actually make full payment as per our agreement. There are so many inconsistencies with the alleged default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill?

As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notice) then the actual default notice that is shown on my credit file is unlawful and should be immediately removed. I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day you have acted unlawfully by not issuing a fully compliant and correctly executed legal document.

Therefore, assuming you are happy with my proposal please confirm, in writing on letterheaded paper, the following points will be carried out;

* The Default Notice will be removed
* The Status of the account will change from “Defaulted” to “Settled”
* The Current Balance will appear as £0.00
* The Default / Delinquent Balance will be set to £0.00
* There will be no date in the “Defaulted Date” field (as it will be removed)
* There will be no date in the “Date Last Delinquent” field on the report
* This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

Failure to agree will result in more formal papers being sent, by return and in the meantime, I look forward to your response within the next 21 days.

Yours faithfully

Sign digitally

The next letter, self explanitory is Subject Access Request which means by law, if they have issued a Default Notice it must be sent within the SAR otherwise they have breached the Data Protection act as well as the Consumer Credit Act which will only go to help you enforce removal of the default.

Remember to send a £10 cheque or Postal Order and do not sign this request, even if they write back requesting you sign, then refer them to s.7 of the DPA and ask them to tell you where it asks for a signature! They can’t as it is not a required provision to comply with SAR (even though the lenders like to think it is – it is a stalling tactic).

Section 7 Data Protection Act – Subject Access Request

Dear Sirs,

Account No:

Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments.

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and am entitled to under section 7(1) of the Act.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me or collected monies to which you were not entitled, then I shall be reclaiming them and also the enclosed £10 Data Protection Act subject access request fee.

Yours faithfully

Sign digitally

Invariably, you’ll get lenders/DCA’s writing back to you asking you to sign before they will provide anything to you. This is something that must be avoided at all costs or you ask a friend to do it, because some companies have been known to demand a signature then cut/paste it onto agreements so whatever you do – DO NOT give them ammunition for free

If a lender does write back asking you to sign, ask a friend to do it for you, using your name of course, or send the following letter (if you like to argue like I do!).

Request for a signature before release of Information

Dear Sirs,

Account No:

Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted. In your letter you make reference to requiring my signed authorisation.

I’d like to draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature. If it is for Data Protection purposes then i can supply you with documentation to substantiate my identity to you.

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address and so I have to ask, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

I look forward to receiving the documentation requested, within the next 14 days.

Yours faithfully

Sign digitally

Lets assume things get out of control, and you have stopped paying the DCA due to querying the legitimacy and enforceability of the CCA, so they commence collection activity against you. This is actually quite illegal and they are breaking the law – do not be intimidated by anything they send, simply respond, as you see fit, with one of the following letters;

————————————————————————————————————————————————————————————–

Harassment by Telephone

Dear Sirs,

Account No:

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully

Sign digitally

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You know nothing of the Debt

Dear Sirs,

Account No:

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to (insert company name).

I am familiar with the CPUTR 2008 and the Office of Fair Trading’s Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

Yours faithfully

Sign digitally

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Threat of Doorstep Visit

Dear Sirs,

Account No:

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep visit”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully

Sign digitally

hope this helps

I have recieved a letter from mackenziehall asking for payment, i will pay £4.00 per month as i do with seven other credirors if you send me some payment slips or a payment card.

hi there all, i need abit of help, i have recieved letters from lowell portfolio 1 ltd, they are saying i owe £702 for a three mobile i ended in december 2005 as i moved abroad, but the phone continued to april/may and the line rental was charged, in december and january bill it was over £200 each month, i have phoned them for a statement for them months and they sent me a statement of the months i owe eg, nov £216 dec £312 jan £48 etc etc, but i phoned them again saying i want a break down for the months, month by month, and thasy are saying they dont need to send that and i have told them it wont be paid as i dont owe that and i want a break down but keep sending me the same letter, what is the best thing to do, please help