Sorry 42man, I dint read the rest of my thread before doing my post. The letter is great, thanks again.

Well, I have now got my CCA information and it clearly dosnt meet the prescribed terms. However today I have had a letter from Blair, Oliver and Scott say ing 'Please contact us within 7 days to discuss the acount, it is imperative that you call to prevent us having to take further action'. Of course Im not going to ring them but should I write to say that the debt is still in dispute as they have not supplied the correct information. They have aslo not supplied the copies of the default notices, according to them, 'Under section 78 we are not required to provide a copy' But they have sent me templates of default notices with no personal information on.

Thanks for the advice up to now. I have checked and rechecked but the cca def does not have the prescribed terms on it. I cant believe they think it will hold up but Im worried they may be holding somethng back because I cant see that they will risk court on what they have sent me. According to the court papers the day of service was Saturday so I need to make a move quickly. I remember seeing something on here with a letter you can send asking them to supply all the relevent paperwork they will rely on in court. If I do this will I be able to do it in the timescale involved or could they hold the information back until it was too late for me to use it. I should also add that there are charges on the statemnets that they sent (its a credit card and because we were making smaller payments they added late charges and over limit charges every month. Also, if I ask for all the info is there a possibility they may back down or is it a case of us definatly having to go to court if we persue it.

Just spoken to the High Court Officer. Apparently the charges that are going on are balliffs interest of 33 pence a day onto the debt. Therefore because he is paying £5 per week the baliffs are having half of it and therefore the company he owes are only getting half of what the court ordered. Is there any solution please?

Thank you TONYCEE. Will ring the court Monday morning and see what they say.

The debt is for overpayment of wages from 2 years ago. It was £800 but is now up to 2,490 even though he has been making regular payment, although small ones. The letters are headed High Court Enforcement and as I understand it they are above the normal court and have more powers than a normal baliff.

My son is being hassled by a High Court Enforcement Officer. He was 3 days late making a payment on a court order and even though he rang the solicitor to apologise and tell them the circumstances they had already passed his debt to the High Court Enforcement. The first time he called at the house he agreed a sum weekly with my son (This was the same ammount the court had ordered) He pays it by direct debit fortnightly. THEN, he came back again to say that his client would not accept that ammount and he would remove goods. My son argued that he could not afford more and that the court had orig accepted that amount. He was told to send a copy of the court order which he did and also an income expenditure sheet. He sent these off to the Officer and carried on making the payments. Then this week he came back again and left a letter saying he will be back within 7 days to 'remove goods, even in your absence' and if there are not enough goods they will enforce bankruptcy. He has no car or valubles, is out of work at the moment and lives with me and my partner. They also add charges each time they call, itsjust escalating the amount owed. Any advice would be welcome, thanks.

You can even get someone from on here to go with you as a Court buddy as moral support & help. I didnt know that was possible, if we did try to fight it how would I go about finding a Court Buddy? I am going to see if my sister has the facility to scan it for me so I can perhaps get a bit more info as to if it does comply or not. The other thing is that it is at Northampton Court. If we defend would we have to go to Northampton or do they transfer to a local court. Sorry to sound thick but Im really nervous about it now.

Thanks for the quick reply. I know it sounds daft but neither OH or myself are really confident enough to put forward a good argument in court. I just know that I would go to pieces and freeze if I was asked something I wasnt prepared for. He dosnt go anywhere near computers and so has never read up on these forums. Hes just very sceptical about it all and of course now Im getting a touch of the old 'I told you so's' As far as the other sides charges go, they have already put £250 on for costs, is there more to come?

Well, update time. The CCA dosnt seem to have all the prescribed terms on it so I thought we would sit tight. But, today we got a court summons from them. OH is not too happy as he stopped paying them on my advice and didnt have much faith in what I was trying to do to start with. Now he is of the opinion that if I had left things alone he wold still be ok making the small payments he was making. He wont go to court to argue it out and is just going to fill in the form making the same offer of payment he was making before as thats all we can afford but now Im worried that they may not accept it because we tried to do the CCA thing. On the plus side though, if they do accept the payments then at least we should be ina slightly better position than before as Nationwide were putting more interest on than we were paying off each month. IF, the payments are accepted is there anything to stop me sending a SAR and trying to claim back the charges or can I not do that once it has gone through the court?

NTL charge £5 for not paying by DD.

Hi, Its for a credit card. Have heard nothing else yet.

I may be wrong and Im sure someone will be along who knows more than me but I remember reading something about this sort of thing. Im sure you should have some recourse against the seller as Im certain they are supposed to disclose these sort of problems. I will see if I can find anything out for you.

Thank you all for the help

Bump, Can anyone give an opinion please. Thank you

Can I just point out that I tok out the credit card in the year 2000. The interst rate shows an APR of 26.2%. Would this have been correct at the time or have they simply sent me a a copy of todays rates. It also has a late payment charge showing as £12. This is just on a totally seperate sheet they have enclosed with what looks like an application form. I though the terms had to be on the part you had signed. Is that correct?

Thanks for the reply nickmcmechan. They have sent me what they say is a true copy of the cca, I have described it above. They didnt send that within 7 days though, it took over 6 weeks to get it. Its the letter with it that says we must contact them within 7 days. I would really value someones advice on if they think that it meets the prescribed terms. I have described it the best I can in my opening post. Thanks gh2008. Its my laptop that needs replacing, its not internet access thats the problem at the moment. Im ok here at work, I can be on as long as I want but obviously cant use a scanner here. Thanks for the reply

Isent off for a copy of my CCA from Cap One. They have sent me a photocopy of FORM 3360 APPLICATION CERTIFICATE 2 copies of Default notices although these are blank and have no personal details on but they say they dont have to send me those and so have sent me a screen print from thier account details showing a letter of default was printed. In addition, on a seperate sheet they have sent me a 'Copy of the current terms and conditions' Im pretty certain from this that the have not complied, unfortunatly I have not gor the facility to scan them to post on here but wouold be interested in your thoughts. Thank you

Thank you for the replies. It was a credit card application not a loan so will this make any difference to the terms and conditions. I believe that because its a credit cad the prescribed terms should show the credit limit and rate of interest. Can I also ask how you would react to the letter stating that they now want increased payments and will take court action if we dont call them within 7 days. Just realised that I havnt posted that the copy of the agreement is scanned, I put photocopied in my opening post. Its only the size of half an A4 sheet and looks like it had been faxed through to Drydens who have then added the letter and posted it on to us. Also on the bottom of the sheet it has the number P7030 (July 2002) I dont know if this is relevent. Thanks Bump, just wondered if there are any more opinions please, thank you.

Have received a response to a CCA request and would like advice please, thank you. I sent off a CCA request to the Nationwide on my partners behalf. 2 days ago we recieved a full set of statements (apart from last months so we dont know if they added charges after getting the CCA request as the had on all the previous months) and also a letter from Drydens lawyers. The letter states that they have sent the agreement as requested and goes on to say that 'our client will no longer accept £22 a month as it will take an unacceptable time to pay off the debt (they want 7 times that figure) It also says that because a default notice has been served and has expired the full debt has become due and that the orig contractual repayments no longer have effect. It then says 'contact us in 7 days otherwise legal proceedings WILL be issued without further notice. Now, I dont have the facility to scan and post on here the copy they have sent but will give as much detail as I can. It is one photocopied sheet and is stamped by the local branch where he applied for the card. The first line on the sheet says 'please complete this section and date at the bottom if you are applying for a credit card' Then in a box underneath that it says 'Credit Agreement regulated by the consumer credit act 1974' -The parties are Nationwide Building Society and the person who appears in the 'first named' section of the application form' The Nationwide Credit Card conditions form part of this Agreement' Now Im confused because it is clearly the form he filled in to apply for the card but at the same time it refers to 'this agreement' After that there is a section where it asks for a password and his date of birth and a box to tick for PPI. Under that is a section about Payment Protection Declerations. Then there is a box which says 'This is a credit agreement regulated by the Consumer Credit Act 1974, sign it only if you want to be legally bound by its terms' then there is his signature and the date. The signature is definatly his and the date is correct 2002. Below that is a box stating'your right to cancel' Once you have signed this agreement you will have for a short time the right to cancel it. Under that is a box with the card number and a signature on behalf of the Nationwide. At the very bottom there is print saying 'detach page and send to signature capture. So it does refer to it being an agreement a couple of times on the page but there do not sem to be any prescribed terms so is it legit or not? He is panicked now because they have threatened court action. He dosnt really have much faith in me doing this so I need to be really sure Im on safe ground as he wouldnt have a clue if he had to go to court and would be furious with me for starting this. He thinks I have rocked the boat and now they are turning the screw because of it. They want him to contact them within 7 days, I have told him no phone contact at all, do not ring them, so he wants me to write to them. I would be grateful if someone could point me to a link showing the 'prescribed terms so I can print them off to show him, I dont have internet access at home at the moment so he isnt familiar with this site. I would also appreciate some help with what to put in writing to them now to show that we standing firm and know our rights. I have been reading up on the site for the last few months and feel quite confident about what Im doing usually but my dad died last week and just st the moment everything is harder than it should be and I dont want to make a mistake. I have CCA.d 3 of my creditors and heard nothing from them yet so again he is thinking they are out to get him because I have only done this one for him and of course they have replied first. I would be so grateful for any help, thank you Bump.................Sorry to bump this thread so soon but I would love to be able to get a reply before I leave work just so I can put his mind at rest when I go home, thanks

Thank you, will just sit, wait and hope!!!!

Another point to consider is that when when people have had a good holiday they dont tend to bother to do a review. Its when people are dissatisfied they are angry and need to vent that anger. Its sad but its like shops or services, you only tend to hear about what has gone wrong and not the positives. We were recommended a hotel a few years ago which we booked and 'THEN' I found the Travel Advisor site which was full of complaints. I was quite aprehensive but it was the best holiday we have ever had. Go with an open mind.

Yes, thanks Godmother. Im fine with the timescales. Its just that they seem to be completly disregarding my letters and have use the cca fee against my debt so I just wondered if it would be a good idea to send a letter at this point.

Hi All, I have sent a CCA request to the Halifax. I also sent a copy of the letter to Blair, Oliver and Scott so they would be aware of the request. The 12 days have passed but not the +30. However 2 weeks after I sent the request I got a letter from B, O and Scott requesting payment. In return I sent them the 'surprised to hear from you as this is in default blah, blah, blah' letter. I have heard nothing at all from the Halifax themselves but today I have recieved another from B, O and S which totally ignores the previous letter I sent them but thanks me for 'the payment against your debt' and they have reduced the figure owing by £1 although my initial request stated that the pound wass for the CCA. They seem to be completly ignoring any correspondence from me. Would you write again reiterating that I have requested a CCA and that the £1 was for that or would you advise me to ignore them? Thanks

Well I had tears of laughter watching that, the comentators brilliant as well. Nice One