I've had a reply from the OFT today, several pages long, basically agreeing with my complaint. I've pasted some of their response here in case others find it useful. My comments are in red. As you aware, the general effects of sections 77-79 requires the creditor/owner (in the case of a hire agreement) under an agreementent for (fixed-sum credit, running account credit and hire agreement) to provide the debtor/hirer with a copy of the executed agreement and a statement of account on request. I have highlighted the word request because the debtor/hirer must make a valid request. For the request to be valid it must be in writing and must be accompanied by a fee of £1. I note that you have already done this. If a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes an offence. We understand your concerns in this matter but please do remember however that once the creditor/owner complies with the request albeit out of time, he may once again enforce the agreement. (which basically contradicts the 12 day rule and the paragraph above) A 'true copy' of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. (My highlighting, note that this would presumably include the prescribed terms) The name, address and signature of the debtor does not have to be provided. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due). However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a 'true copy', since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise. We note your concerns that in the absence of a copy of the original agreement someone's liability for a debt can only lead to further query. However in circumstances like this we would view it is as unfair practice under section 25(2)(d) of the Act and relevant to licence fitness if a trader failed to investigate and/or provide details as appropriate when a debt is queried or disputed. We investigate all complaints received about consumer credit licence holders and, where we have the necessary evidence, we do take appropriate action. In our initial investigation of all complaints we consider how many complaints we have received overall and how strong the evidence is to support any action. It is unlikely that a licence would be revoked on the strength of one complaint. (So keep 'em coming!) Where we have strong evidence that unfair business practices have occurred, we may take steps to revoke or refuse the licence of the business in question. However, if we are to do this we need to take account of factors such as the number of complaints received how recent they are and how well evidenced. In cases where evidence is less strong we may issue a warning letter to the business putting it on notice that its behaviour, if repeated, will call their fitness to hold a licence into question. Any action we do take has to be proportionate. If an approach from the OFT makes a trader change its behaviour and treat consumers fairly in future, this is preferable to putting a trader out of business. If we do take any licensing action against this trader it is likely that we would need to disclose your client identity to this trader along with details of your complaint. I should therefore be grateful if you would provide me with written authorisation to disclose these details to the trader. I have enclosed a disclosure consent form for you to sign and return to me in the enclosed freepost envelope. (Oooh look, they're actually asking for consent to share data - a concept lost on some companies we could mention...) Needless to say, I'm very happy for the OFT to have my permission if it helps them take action against Cabot. Happy Birthday, Ken...

It's an abbreviation: Cabot Really 'Appy Birthday. How could you possibly think I meant anything else?

I can't put what I'm thinking into words which wouldn't be potentially libelous, so I shan't. But I bet you're thinking it too....

Crappy Birthday to you, Uncle Ken

Morning! So are people still having problems accessing the Wiki? I'll bring it to the attention of a moderator if so. The link is here.

Well under FOS rules they've got 8 weeks. Cabot did send you a copy of the FOS leaflet, didn't they?

The Financial Ombudsman Service are the best people to complain to, but their rules say that you must first have exhausted the compaints procedure of the company in question or given them up to 8 weeks to respond - frustrating I know. The FOS complaints page is here: our complaints procedure and how to complain

Good boy Seriously, if there's anything you don't understand in your report, just ask

Correct, but I meant if the 6 years wasn't yet up then a payment would restart it.

As you'll be aware, the Statute Barred clock is reset only if you make a payment or acknowledge the debt in writing. A creditor can contact you all they want, that doesn't make any difference. Thames are bluffing, in my opinion, and I agree that you should instigate their complaints procedure.

As the two posts above say, please consider very seriously the implications of having a loan secured on your property. Failure to keep the repayments could mean you losing your home, and if you're already paying a mortgage you need to be absolutely certain that you're not overstretching your finances.

I sent a scan of my driving licence with "COPY COPY COPY" through it in thick multi-coloured lettering at 45 degrees. Call me paranoid if you must...

There's honestly no point paying more than the £2 statutory fee - you still get an explanatory leaflet and we're more than happy to answer any queries here. Don't fall for the CRAs marketing tricks.

Can't you? That's odd. Does this link work for you? If not, try going here and searching for "consumer credit act template".

Agreed, now added. Template edited to include this. Included advice to this effect. Now included. Agreed, included in introduction and "when to send" sections. I've added a "recommendations" section under the template with the points not already covered in other sections. Thanks to the advice and recommendations from people on this thread, the Wiki page is turning into a very useful resource.

There's a tatty shop near me which sells birthday cards for 29p. Dear Ken, I do not acknowledge any debt. Happy Birthday DJD x

thinksmart: I obviously agree that the NoA is suspect and the "agreement" an unenforcable application form. I've referred these documents (and others) to both the OFT and the FOS, and will of course keep the forum updated when they reply. Meanwhile, I don't suppose Cabot would be interested in testing their case in front of a judge?

If you like, I'll take responsibilty for updating the page based on suggestions on this thread. I won't get a chance today, but I'm back on tomorrow. But please - don't feel afraid to edit the page yourself

Well I've done all I can for today with the Wiki page, but it's there for anybody to edit. There are far more knowledgable people here than me, so if you've got a spare few minutes to edit or add to what I've done, then we can start referring people to the one page.

I've started this page on the Wiki - feel free to add to it, it's very much a work-in-progress. I'd suggest that it become the "catch-all" page to refer people to with regard to CCA requests.

In fact, leave that with me...

I'm surprised that the template doesn't already include "I do not acknowledge any debt" and it would definately be a worthy addition. To be honest, a seperate "sticky" about the whole process could be useful. Or.... instead of having it on the forum, why not on the Wiki? That way it could easily be updated or amended as necessary.

I wonder which carnival of clowns this is

Absolutley. I recommend sending it Recorded Delivery (£1.04 for a standard letter) then you can prove if necessary when it was received. If you can scan their eventual reply (taking care to hide all personal details) we'll be able to advise further.

Keep in mind that catalogue companies rarely have signed credit agreements, but instead will claim that as you received goods you must have somehow mysteriously agreed to one.