dx100uk - your quotes: 1 "you can no longer wriggle out of debts by paperwork errors the reclaims co's closed that hole. i must also pointout the CAG(Consumer Action Group) does not condone debt avoidance & that is not what we are here for." 2 "sorry but you appear to be hoping a paperwork error will write the debt off it wont." 3 "i hold no opinion at all - other than, as a member of the site team, pointing you, more than once, to the reality of paperwork errors, no longer being a valid get out clause." From the above, it must be clear to a man on a galloping horse that you have repeatedly accused me of trying to wriggle out of debts owing to paperwork errors. Your understanding of English seems limited, and your further quote: "no-one accused you of anything" suggests to me that you are unaware of the consequences of your actions. I therefore request that a moderator looks into your responses, under the CAG complaint procedures. As an update to the case in point, Cabot have agreed to settle for a sum of 57.8% of the debt in F&F settlement, joining the other we have 12 arranged, with documentation that ensures there will be no further recourse to the debt. As a matter of interest, Barclaycard, having agreed to an F&F, tried to pursue the remainder of the debt. They agreed to pay £100 compensation when this error was pointed out to them. Regards

I'm astute enough to know the ground covered so far, thank you. The suggested path with Cabot is ground-breaking for me, and reassurance was what I was looking for. I did not expect someone from the CAG team to accuse me falsely of debt avoidance. I do expect an apology from said person: I don't know whether there is a CAG complaints procedure (if not, perhaps ther should be?), but the misinterpretation/misunderstanding exhibited should not be part of the CAG portfolio. Regards

Equally sorry, but you don't seem to understand my English! "As they have, and since it doesn't include the executed agreement, I thought that their failure to provide it could be used to say it was unenforceable, and would they therefore consider £xxx in F&F?" If you have difficulty with any of any of my other sentences, just let me know. A fulsome apology for your obvious lack of understanding would be welcome. Regards

Thanks again for your answers so far. I'm really interested to know what your concern with F&Fs is? Also, it should be clear that we, too, do not condone debt avoidance. The number of F&Fs we have achieved so far (about 12) is testimony to that. I'm unsure which of my statements has led you to believe that we practise or support debt avoidance, but can assure you that you have misinterpreted! Regards

Interesting! Taking your comments in order: a) what constitutes "a clear financial link" - I believed that the executed agreement (possibly reconstituted) was needed for the agreement to be enforced? b) what concerns you about F&Fs in particular? I think the only partial we've had is from Egg, who've written to say "We acknowledge and agree that this sum is tendered and accepted as a full and final settlement of all and any claims of either party arising or capable of rising under the above agreement". c) how do I check my credit file to see if it is being marked as satisfied? Thanks and regards

Since being made redundant earlier in the year (and because of our ages - both 60s - effectively retired), we've tried to use some of the redundancy monies to get to being debt-free. We have made all creditors F&F offers, and had a good uptake, just Cabot & BOS outstanding. Since this debt originated with MBNA, we hoped that they would be unable to provide any documentation! As they have, and since it doesn't include the executed agreement, I thought that their failure to provide it could be used to say it was unenforceable, and would they therefore consider £xxx in F&F? What was the ruling that undermined the s78's effectiveness? Regards

Hi In May this year I sent a CCA request to Cabot who had taken over debt owed to MBNA. I heard nothing until this week when documents arrived, said by Cabot to fulfil the CCA request. The documents are: a) the original application form; b) some T&Cs; and c) statement of account (that literarily doesn't add up!) Am I right in thinking that the Executed Agreement needs to be returned in order for the debt to be enforceable, or are a) - c) enough for the debt to be enforced through the courts? Regards

Hi Can any of you advise why I shouldn't attempt to charges back from Halifax given the following scenario (also whether there's a breach of the Data Protection Act somewhere in this tale): 1 A couple of years ago, my wife and I were tempted to get Sainsbury's Bank credit cards; 2 Through circumstances, we got in trouble with repayments, finally agreeing to repay a set amount each month to Sainsbury's; 3 Sainsbury's is in fact the front, at the back is Halifax/BOS; 4 The repayments were passed to HBOS collections, Blair, Oliver, Scott and we've paid them regularly, as required; 5 Throughout this time, we've had a current account with Hailfax, which has been handled reasonably from both sides (except every month end, one or two cheque payments to financial institutions are miraculously paid next day, and so incur £30 charges!); 6 Out of the blue this week, we've had a letter from Halifax collections, saying that "following a review of your dealings with all [HBOS] group members", you must repay your overdraft within 10 days. This is inconvenient, to say the least. I'm very tempted to seek recompense of Halifax's charges, as per this site's step by step, but wonder if there's any further action they can bring - like for example, delving into our current account to give Blair, Oliver, Scott additional payments. We have a parachute account in being, and are gearing this up for full transfer. I also wonder whether there's a breach of the Data Protection Act, with our original agreement being with Sainsbury's. Any advice would be very welcome. (First post, so thought I'd start with a bang!)