Thank you all sometimes it helps to sound off.

they have the default listed as May 07 so off in June 2013 but my point is they have already served me with default back in 2007 so how can they serve anoyher. They want to report only partial information to CRA when dat protection states it must be accurate. They state they are not obliged to send copy of agreement which they should I have spoken to them since this post and they are looking into correcting all the D on the file.

Background I had money problems 6 yrs ago and this company was one om the creditors. I fell behind and then had an arrangement to pay which I have maintained for over 5 yrs without fail and also increased when I could at their request. I am now at the stage where my monthly payment would exceed the minimum payment required. I noticed on my credit file that they constantly report "D" every month. This month I was in a position to offer a partial settlement which they refused, I wrote to them requesting a copy of my agreement as I believed If I started there I could carry on checking excessive charges and PPI. Today I have received what they have referred to a reconstituted copy of my agreement and underneath that a typed 2 line entry which represents a statement of my account which is as follows The current credit limit on your account is £0.00 The current balance on your account is £3311.12p They go on to say they are unable to provide a copy of the terms of my credit agreement as varied in accordance with section 82(1) of the Act and they accept that they are therefore prevented from enforcing their agreement with me whislt this state of affairs continues. It is the next paragraph that has really got my goat and I write word for word Quote Notwithstanding that we cannot currently enforce the agreement, our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcment, which includes reporting to credit reference agencies without also telling them that the agreement is currently unenforcable, demanding payment, issuing a default notice to you and instructing a third party to demand payment or otherwise seek to procure payment .We refer you to the case of Philip McGUFFICK V The Royal BAnk of Scotland 2009 EWHC 2386 in which was held that none of these steps constituted enforcement for this purpose. They then refer to case CArey V HSBC 2009 re unreasonable relationship cannot be said to have arisen between them and me as a result that they have not complied with section 28 of the act and that they will oppose any alleagation of that The last paragraph states as follows "we know that your account is not in dispute because of any delay in providing your copy documents as section 78(6) was repealed on 31st MAy 2008. It is now no longer an offence for a creditor to fail to comply with section 78(6) for more than one month. The other document they saent was BArclaycard Agreement a copy for your records (Nothing to do with me just definitions liabiliities etc and Barclaycard conditions of Use (the title being uside down on the copy again no reference to me just pre printed garbage. Now I would like to reply with a letter just as strong but with correct facts I am so angry at this as I have worked hard to clean up my file and they do this. How can they threaten further default when they already have me defaulted on my file. How can they report to credit ref agency and not give full facts they openly state in letter they will report the account and not tell anyone that it is not enforcable. Even Data protection states that information reported and recorded must be accurate, I would appreciate any comments or views and thank you for reading:-x

Hya, Sorry for the delay. The card is with BArclays HAve written for copy of agreement . I will send seperate letter as I want them to check charges etc. Also checked my credit file and the company Checkmyfile have been reporting my status each month as D which looks awful. I have also queries this as I believe you can only default once . I had a rough few months which caused the default in the first place but came to an agreement with them and now my payments are above what the minimum payment would have been

have been paying a credit card company Arrangement to pay for the last 5 yrs have increased the payment and now my payments are on track weel above minimum payment per month but when I asked if I could return to normal payment (currently paying more than equal to MIn Payment) they declined saying it had gone on too long and the account was closed. I didnt want the card back just trying to repair my record from earlier problems. I dont thinl they have an agreement as they promised to send on and never have also I want them to review excessive charges etc so I am starting with the request Any help is appreciated though

Fab thank you for quick response

I should know this but the deeper I read the more unsure I am which to use. Under which section of the CCA should I request an agreement with the £1 postal order. I know not to sign it but print my name but I read somewhere if you make request under the wrong section the company have a way out Can anyone advise please Thank you

Approx 6 yrs ago i had financial difficulty and I made and arrangement to pay a certain amount each month with the credit card company. I have maintained that payment throughout and when they have contacted to see if I can make an increase in payment I have done so. I am to the stage now where my monthly repayment is more than the minimum payment that woul be due. I enquired re going back to minimum payment but they told me my account was closed and if I did interest would then apply so common sense told me I may as well have the full monthly payment come off the balance rather than interest,I have not missed one payment since my arrangeent was made and I am trying hard to repair my credit. I have joined an online credit file checking system and can see that for the last 5 yrs this company has marked me as D every month even though I have maintained my repayment with them so it looks on my file as though I have defaulted every month for 5 yrs Can they do this? I thought you could only default once and that is how it should read. I dont recall the default notice and I have no copy of an agreement which I will be following up seperately. Should they at least show me as paying

have a charge on my property and it is my intention to get it removed. The charge was obtained by a company whilst another company was also dealing with the account. Briefly I was in DMC and had supplied all details that I had of creditors. They made payments on my behalf which went on for about 18 months. There were problems with this company and I dispensed with their services and took over everything myself and have slowly been working my way through everything. The things that have come to light are unbelievable. This particular case is where the company instructed 2 collection agencies to collect and they were given different numbers so we did not connect them. We were paying the one company and the other stated we had not made any payment. When we connected the 2 we contacted our DMC and pointed out that there were 2 sets of paperwork for one account and the one company were now taking court action. DMC said sign the court papers and they would file defence in court on our behalf. Well they didnt and a charge was obtained on the property. We were told not to worry that it just turned unsecured into secured and that was all. Through this site and others I am now a little wiser and have been challenging companies however I now wish to take this one back to court. They do not have an enforceable agrrement. They are not quoting the correct number and they state they did not need to produce an agreement unless the JUdge asked for it. Can anyone point me towards the right template please prior to me taking court action. We pay nothing per month and are not being chased but I want to be free to sell my property. They have had the requird requests for agreement but ignore. Is there a strong letter for one last attempt Thank you for reading

Wow as I was writing the last reply it crossed with the other posts, Ok read the case and not such a good result. But I still have to ask how can the companies report default on an agreement that they cannot prove they have, they cannot legally enforce, and with the 6 year rule is that six years from your first default as they put default every month or 6 years from when they stop

Thank you for the response, I may have just found something in a template under S, DPA. where it says if they cannot provide an enforcable agreement then they must stop processing my details and iformation as with no agreement there is no permission to do so, On my credit file all the companies concerned have me as default with no agreement so will be chasing Still looking for anymore infor though if anyone can help. I am bit of panic having seen my file and want to sort it. I am getting strict with them now no agreement no money and default to be removed

Morning all If a company either cannot or will not supply an enforcable agreement, can they put a default on your credit file. I am thinking if there is no agreement then no they cant. I am aware soemwhere there is a template to ask do you or do you not have an agreement and if they dont then they cannot lawfully process any dat which includes entries on you file. If any one knows can you please let me know if I am right. If I am right then my camapaign starts now Thanks for reading

I have just read this with interest, I have posted (yesterday) a question asking if sold and assigned is the same nd it involves H&L and also Sigma. The circumstances are the same .A letter was sent to another person to my address from M&S and sigma Red Silly but I called them nd asked them who this person was then they sent letter (each of them) to me saying sorry but they believed no private info could be obtained by the other person then the phone calls started by H&L. I had the number barred from my phone as they were calling 5 tims a day,and hubby had suffered 2 heart attacks. They kept saying we wrote to you and I kept saying I had received no letter so they said " well what is your full address so we can check we have the correct one"I replied "uhuh you tell me what you have and I will tell you whether you have the right one". They declined. I now have received letter with the exact wording as above and just about to reply. They said they do not have record of any dispute, well as I said in my previous post I have over 48 letters of correspondence back and for but they have not mentioned this. Keep up the good work and I will do my best with the help of this site.

Briefly as I can. Have asked M&S for copy of agreement since 2009 they sent copy of application form and T&C from 2008 so not enforceable, went to Financial Ombudsman who could not get involved as to whether enforceable or not.it went back to M&S. Nothing heard for quite some time no correspondence since Jan 2011. Jaan this year received letter to my address for Mr xxxxx dont know who he is but it says they sold my account to Sigma and I was to pay them. Sgma wrote as well to same man syaing they bought it. Silly me I asked them who this is and why are they writing to him at my address. They bothe sent letter stating sorry Mrxxxx has my name and account number but n problem they said as he doeant know whp I am and has no personal information as a result of their mess up. H&L solicitors call(alias debt collectors) asking me to confirm my details. I refused as they wouldnt say who they were or who they represented. Had to get their number barred as they constantly rung Now receivd a letter demanding full payment as they have no indication the account is disputed (i have file with 48 letters disputing it) Thats the background and my question is If the alleged debt is sld is that the same as assignment and do they need to put certain wording in with copies and signatures. I am about to write to H&L and want to get it right

have read all th replies with interest and it has certainly opened my eyes. An update for you. We informe the company that we do not want calls from them, we will record any calls they make, we will not go through any security over the phone, we will neither confirm or deny any address details and requested the caller to please make note of time and date of call and who has instructed them to call as it will be put before the county court by our legal rep. no further calls received to date and interestingly no letters which again suggests they are fishing fr info will keep you updated Thanks to all X