Hi dx100uk Nope it`s not statute barred. I have replied to the letter of claim, it was received the 24th may 2018. Hind sight is a marvellous thing, Taking that into consideration, I replied with only the help from the National Debtline, I did not tick box D as I did not have any supporting documents which they were asking for. I ticked box C, I don`t know whether I owe the debt. I ticked Box I , the documents I requested were: A true copy of the original signed executed agreement. Copies of statements of account for the lifetime of the account to ensure the amount in question is correct and does not include any wrongfully added fees or interest, I cannot ensure the amount is correct without all of these. A copy of the default notice. A copy of the notice of assignment A copy of all letters between myself and Next and copies of all letters between myself and Debt managers (services)ltd I requested the letters to prove to the courts that i did enter into dialogue with both companies. Thanks so much for your help today.

A huge thank you for taking the time to read through, thanks for sorting out my post Bankfodder, I put July the 5th instead of May 5th for the actual day I received it, but I know that folk aren`t daft and can see what the date was by my other letter dates. dx100uk, thank you for replying, I have replied to the letter of claim, it had to be returned by 27th May. I thought that if I sar`d Debt Managers(Services)Ltd that they would send me copies of all the paperwork that I couldn`t find. The debt was assigned to debt management(services)ltd in 2016, restons said that debt managers now owned the debt, that was another reason I sar`d them. I have not paid anything since before the default 21 dec 2012. In a nutshell I panicked. I thought I was going to court. I will pm you which site I went on. Thanks again X

Hello all, I didn`t expect to find myself up the creek again, and like a fool I went to another consumer site for help, basically because I was a tad embarrassed to be here again, so I paid my subscription and got no advice...I understand that there`s probably not a lot of advice left to give because of where I am with Debt Managers....... This is gonna be a long post, so many thanks in advance for taking the time to read it and give me some feedback XX Many moons ago when you lovely people helped me before, I had gotten into financial bother, one company was Next, I cca`d them and all they could produce was an unsigned credit agreement, I know that I never signed one, the account was defaulted 21 Dec 2012, in 2016 Next sold the account to Debt managers services ltd, I told them that the account had been in dispute since 2012 because of no executed agreement, I heard nothing from them until I received a letter of claim from Restons solicitors, which was dated 27th April 2018 but I actually received it Friday 4th July 2018, as you know I have 30 days to reply, which I have. The worst thing for me is, I cannot find my paperwork so I`m running blind, I can feel everyone`e eyes tilting to the skies, trust me I did more than that!! I think the easiest thing for me to do is to show letters and responses in date order. 27th April 2018: This section, section 19, really got me riled, So, after chatting with debtline, I was informed that regardless of the letter of claim that I can still SAR both companies to see what information they are holding on myself, so I did.....I sent both next day recorded delivery, and were signed for the 11th May 2018. I rummaged through old paperwork, not blooming Next, still haven`t found it, and found an old SAR, thank you PERSEUS :0) to debt managers i wrote: To Restons... As I said both were signed for 11th May 2018. The response I got was: I sent a CCA request to debt managers (services)ltd, which was sent next day delivery, so it was signed for 16th May2018. I wrote: Dated 17th May 2018, i Received this from debt managers: A few days passed and I phoned the FOS, they advised me to place an official complaint to debt managers (services)ltd and await their final response..... letter to restons solicitors, signed for 21st may 2018. this is the last letter I promise, to those of you who have made it this far, I thank you for your patience xx this letter to restons was signed for 23 may 2018. thank you once again, any ideas on what else i can do, or maybe that what i have done is ok would be fantastic, take care, love form Troj xx

good morning in the replies to both my request for info under the cca and also the sar, the agreement they sent was blank. i have now received a letter from a company called roxburghe saying they are acting on behalf of next, and that i have to pay in full immediately. thanks trojanska x

morning everyone hello DX100uk, thank you for your reply, I will take a better look at the sar material when I get back from work, but I can definitely say that they did send a signed credit agreement but there are no terms and conditions, it says they are overleaf and there isn`t a copy of the other page. (post 5) hello renegadeimp, thank you for your reply trojanska x

this arrived today.. .they have done a combined reply to both the cca request complaint and sar complaint. thank you for your letters of 15 march 2013, and your subsequent letter of 21 april 2013, which have been passed to me for reply in my capacity as customer relations adviser. I am sorry that you have had cause to complain and for the delay in my response. YOUR COMPLAINT I understand that your complaint is as follows: *you made a formal request, on 20 jan 2013, for a true signed copy of the agreement for the above mentioned account, enclosing the required statutory fee of £1. You state that we have failed to comply with your request and as such you claim that the account entered default 12+2 working days after you made the request. *you also refer to the above as a subject access request and state that the 40 days allowed for a response has now expired. *you state that under the cca 74, we are obliged to send you a true copy of the executed credit agreement that contained all all of the prescribed terms, as well as any other documents it refers to. You also request a full statement of the account detailing all credits and debits. *you refer to section 78(6) of the cca and advise that as we have failed to comply with your request within the required timescale, that we are not entitled to enforce the agreement whilst the default continues and the account has currently become unenforceable at law. *you refer to the OFT`s guidance on debt collection and consider any legal action we may take as unlawful and vexatious. *you state that we have 21 days from receiving your letter, to contact you in writing, with our intentions to resolve this matter. *you would like to know why if we are investigating your complaint; you are receiving threatening letters from the unsecured arrears department. MY INVESTIGATION I would firstly advise that you originally opened a credit card account with northern rock in july 2001. the co-op bank bought the northern rock credit card back in may 2003 and all northern rock customers were sent a letter in confirmation of this. the co-op bank re-registered each northern rock credit card in april 2004. I understand that you requested a response to your complaint within 21 days; however, it may be helpful if I explain that under the complaint handling guidelines set out by the FSA, we have eight weeks to respond to a complaint. I am very sorry that we were unable to respond more swiftly and I thank you for your continued patience in relation to this matter. Turning to your request for documentation, it is of course reasonable that we should demonstrate that you have entered into a credit agreement by sending you a copy of the signed agreement form. I understand that a letter was sent to you on 27 feb 2013, by a colleague in our debt management department, informing you that we do not hold a copy of your signed credit agreement. On march 26 2013, our team which respond to SAR`s wrote to you, enclosing the full statement history of the account, along with notepads/correspondence, charges list and a copy of your signed credit agreement. I am sorry that you were initially provided with the incorrect information regarding the documentation held and any misunderstanding caused. I note your comments regarding the enforceability of the credit agreement; however, I respectfully refer you to guidance set by the OFT which states: "if the lender fails to provide the requested information, the agreement becomes unenforceable which means the lender cannot get a court judgement against the borrower, take back hired items or items bought on credit, or take anything used as security(like a car) when the agreement was made." However, the guide warns that, even if a credit or hire agreement becomes unenforceable, consumers would still owe any outstanding money to the lender, interest could be added to their loan or hire agreement, default charges could be made, and any failure to pay could impact on their credit record. The guide also explains that the debt is enforceable again as soon as the lender provides this information. Ray Watson, diresctor of the OFT`s consumer credit group said: consumers have a right to information on debts they owe, but it is important that they realise that these sections of the act cannot be used to write off legitimately owed debts (sections 77/8/9 of the cca 74). Although the debt can be classified as unenforceable until the right paperwork is provided, people are encouraged to seek advice and help on how they can continue to repay the money they owe. Consumers can get free advice on debt by contacting citizens advice or consumer counselling service (now known as stepchange debt charity). OUR DECISION it is clear that you have signed for the credit card account and have benefited from the credit limit provided. You have made payments to the account and we have assisted you with your financial difficulties by accepting reduced payments for a period of time. We have also sent you regular credit card statements confirming the balance. Therefore, we are satisfied that the debt belongs to you and must conclude that you remain liable for the outstanding amount. you should bear in mind that missed payments, arrears, or final demands for payment will be recorded on your credit file. I note that we have written to you on a number of occasions informing you that the reduced payment arrangement on your account has expired and requesting contact from you to undertake a review of your financial position, and if appropriate agree a further repayment arrangement. as your account remains in arrears without a formal repayment arrangement, we have had no choice but to refer your account to our risk, investigation and specialist collection department. please contact our RISC department as a matter of urgency to discuss the possibility of a mutually agreeable repayment arrangement. if you are unable to clear the arrears infull or in the absence of contact with our RISC department by 15 may 2013, then we will continue with our debt recovery procedures and your account may be passed to a debt collection agency. I trust this letter clarifies our position on this matter for you and you can regard this as our final response. However, if you have any new or further information, inrelation to this complaint, that you would like me to consider please contact me. if you remain dissatisfied you may refer your complaint to the FOS. yours sincerely co-op bank what has really annoyed us is that when the payment plan of 6 months run out and we could not increase our payments, we sent a financial statement, di it all properly, the only reason it came to the cca request and sar was because they wanted more money. many thanks for your help trojanska x

Morning everyone Co-Op have not responded any further in the CCA request. However they have sent a credit agreement regulated by the CCA 74, in reply to the SAR, which contains Mr...... signature, so he started paying them what he told them he could afford to pay when he sent them the financial statement, when I checked the agreement, there are no terms and conditions, these are stated as being overleaf, but none have been sent. They should still send them shouldn`t they ? Thanks for your continuing help Trojanska x

thank you x

I am posting this on behalf of my husband. He sent a cca request back in January, gave them plenty of time, sent a letter from the library last week about their non-compliance. He received the cheque back today which was dated 24th Jan 2013, and a reply: Thank you for your recent letter dated 30 Jan 2013. I am not able to locate the requested documentation at this time from our files however I can confirm that in accordance with the requirements of the CCA 74, we provided a signed copy of the agreements and full terms and conditions to yourself on account opening and confirm we will rely on these documents. Please make your client aware that if they fail to make payments in line with the agreement, we will arrange for the Bank`s debt recovery procedures to be applied. Please bear in mind that missed payments under the agreement, any arrears or final demands for payment will be recorded on their credit file. from co-op They have had the financial statement, but want more money but that's not possible. Charges and interest still being added....... This was originally a northern rock card. please advise.

ok thank you so much for that, will do that now .

I sent them both to howard and cohen. Should I have sent them to next ?

I had sent next a copy of my financial statement and requested lower payments, they did not accept and further sent my account to Howard Cohen and Co solicitors. I sent the solicitors a copy of the cca request from the library and a separate SAR. I received a letter from them today covering both requests. Please find enclosed copies of data held on our system as requested by you in your Subject Access Request. Furthermore, please be advised that section 78 of the Consumer credit act 1974 refers to a regulated agreement for running-account credit. However, your account is not a running credit account as it is I default. However, out of courtesy we will request a copy of the agreement from our client and place a hold on further recovery. we trust that this is in order. from howard cohen & co The data they have is 3 letters, no agreement etc. Many thanks for your help TS

s.a.r request went the other day...you think that is a signature,i thought it was a code!! xx

can you tell me what you think of these in the letter the lady called it an application credit agreement,would love an answer as in todays post i`ve had a postcard from RMA saying they`re coming Thursday (does`nt say which thursday)between 8am and 8pm what do i do??

have sent letter to ICO recorded delivery with copies of cca request and what they sent me in reply to that,the non-compliance of the s.a.r and when they see the copy of the application form they will know that they had no consent to process my data.i will get them,thanks as always xx