Definitely covered by the CCA as course started pre-1998, and they state on the agreement that they are. I don't really want to go the court route as I'm sure they can get around not having a co-signature somehow. Just wanted some legal understanding before I talked to them or clashed swords. I will probably SAR them now and see what charges have been applied. See if I can get them to return the charges and let me defer.

I'm being chased by honours student loans for loans from 96-99 which I failed to keep deferring due to much moving of house and general madness. Anyhoo, after ignoring their nasty letters for a while I CCA'd the data controller for Honours and they sent me the Credit agreements, but only one of them is co-signed on behalf of the SLC. I am under the impression this makes them unenforceable. But what exactly does that mean? What should be my next step? All I really want to do is get them to back off and let me defer some more, and get rid of the charges applied since. Anyone know what unenforceable means, and what can be done about the unsigned CCA's? Don't fancy another 6 hours of trawling the forums...place is a maze!

Good point. Would be important to their relevancy! I will investigate. Thanks.

I sent my CCA to the Data Controller listed for Honours: Data Controller: HONOURS TRUSTEES LTD C/O WILMINGTON TRUST SP SERVICES (LONDON) LIMITED TOWER 42 (LEVEL II), 25 OLD BROAD STREET LONDON EC2N 1HQ My cheque for £1 was cashed about 2 weeks after I sent it, so it did get to someone there! I'll give them the full 12+28 days before I harass them some more. Once you get the CCA (if you do) I think its a good idea to SAR them for any charges they have levied against you. You can then send a letter stating the account is in dispute due to unlawful charges, and start the process of getting any charges back. After all thats done, you can think about sorting out a payment schedule for whats left! This post contains a set of template letters you can use for various general debt issues including the CCA template.

Just starting this to keep track of my dates and ask any questions as they arise as I get towards the later stages of this fun fiduciary adventure! A summary so far: 26th January - Request for Refund and LBA (skipped stage one!) 8th Feb - Standard 'sorry you're unhappy but get lost' letter received from Recovery Centre. 15th Feb - Made claim on MCOL for £765 plus interest. Deemed served 20th Feb. 21st Feb - Acknowledgement of service from SC&M with intention to defend. 6th March - Defence filed by SC&M. Usual 9 point template with copy and paste errors! 7th March - Allocation Q issued by court, and transfer of claim to Carmarthen County Court. AQ deadline of 26th of March. 12th March - Sent AQ to Carmarthen court recorded delivery, and letter to SC&M notifying them, detailing intention to go for small claims track and included a copy of schedule of charges with interest shown. Also stated having given Lloyds every opportunity, I would now settle only for full and unconditional offer with fees and interest. The AQ deadline has now passed. I think defendant has extra 5 days yes? so 31st is final date for SC&M to file their AQ. I will have to call the Court and see if they have it yet. I have one query. I don't have all my statements for the period in question, maybe one or two missing. I have a schedule of charges though. When it comes to the court bundle, is it absolutely essential to have the statements included or is an itemisation of charges and dates ok? I can always pay Lloyds to supply me with the relevant missing statements. If SC&M do not file their AQ by the 31st what is my next step?

Thanks nannamoon1 and TotallyWithoutPrejudice. I've combined those two letters and will send it off today. I'll update the thread with any news!

Need some advice! I am being chased by the debtweasels that are Lowell for a graduate bank account debt of £2414 which HSBC demanded back in full in 1999, I couldn't pay (having just left Uni) and offered them £100 a month. They refused and recommended a managed loan. I politely refused and said I had made them a fair offer and if they wouldn't accept it I was prepared to go to court. That was 1999. I didn't hear from hsbc ever again and assumed they had written it off. Last year June 2006 Lowell Portfolio wrote to me saying the debt had been sold to them. I had heard from them shortly before that regarding a smaller debt with Barclays and arranged a monthly payment with them when they called me ( i was feeling flush!). I ignored the letter about the hsbc debt. To this month. Lowell have started calling me about the hsbc debt and sometimes 3 times a day. I spoke to a snotty young lad and said I didn't know what the debt was, and asked when it was from. He said 1999 and I said something to the effect of 'There's not much chance of them getting that back then is there?' and hung up. I think this may have upset them a little...now they won't stop ringing me! So. What I need to know is this...do I send a standard CCA or because I haven't acknowledged this debt for over 6 years or made a payment, can I just ignore it. Is there a template for saying 'this debt is statute barred so kindly go away?' This site is great, but I find it almost impossible to find what I need in it. It's like a maze...I just end up spending hours lost in the search function. Feel free to point me to a thread where my question has been answered already

just a small bump...

Hi all. I'm currently sorting out variosu debts, claim against lloydstsb at AQ stage. I went over my limit on my barclaycard (sole trader business credit card), barclaycard demanded I pay back the overdue amount of £126 and added on £25 excess fee for good measure I had no cash at the time, so ignored. I know, worst thing to do. Now they say I am in breach of agreements, want the full balance of £1151 and the card cut up. The date they gave was 7 days which will be the 12th, to comply or else debt collector or CCJ. I onlY have about £125 in excess charges of this card over several years, so don't really want to go down that route. Not sure what to do for the best to stall them, appease them or generally try and fix it? Letter requesting time? CCA? SAR? At the moment I can't really afford much in the way of a monthly plan. Any direction appreciated...