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I suspect it was, but I am not certain and have no paperwork (at the moment) saying it was defaulted.... I am just doing the CCA request just now and the SAR for Canadian House so that may show one way or another

One final question.... if I stop paying them until they provide an enforceable CCA can they issue a default notice and pass the details on to credit reference agencies thus stopping me get a mortgage?

Great, I'll do this and let you know how I get on! Many thanks.

Apologies, for the size of that, for some reason photoshop likes to make it's PDFs really big. I'll pay better attention next time. That document is all I have - there were no T&Cs attached. I'll put a SAR into Canadian House, as suggested, and see what that brings up. What are the T&Cs likely to say that would be useful and not in the signed agreement above? Thank you again for your help, this is all useful.

Hi, here we go - this is the original agreement I had with Egg. Have a look and see what you think?

Ah okay, that makes sense! I have pulled all the tricks and negotiations with the other debts but this one was so big I never dared to fight it. You are probably right, it has been an easy squeeze for various companies over the years hence why I want to push back hard now - they have had more than enough from me so far! Where should I send the scan? Its been a long time since I spent time on these forum. Thank you for your help, it is much appreciated

Ah okay, I will do that now then. How will this help me with Marlin / Cabot? Thanks

Hi, The SAR was sent to Marlin Financial Services Ltd, Marlin House, Grafton Road, Worthing. It included a copy of the original credit agreement that I signed with Egg so I haven't sent them a CCA Request. Thanks

Yes, I have been sent the original agreement and then the past 6 years worth of information. Unfortunately there is no information for the period between 2003 and 2009. I suspect I may have defaulted in 2004, but I can't be sure. That was quite a difficult period of my life! Egg sold the loan in 2009 to Britannica Recoveries - Arrow Global who then sold it on to Marlin Financial in 2013 who have are now apparently part of Cabot. I have letters for these three transactions, but no details on how much they were sold for, for the reasons you say. Any thoughts on how low I can go, and how difficult I can be to get rid of this debt?

Hi, I am looking for some advice on negotiating with Marlin, now Cabot, over an Egg Loan from 2003. I was originally left with a number of debts when my business went bust over 10 years ago. This Egg loan is the only debt left, it started at £18k and is now at £7.5k has passed through various debt collectors along the way - I have been fairly consistent at paying £100 a month over that time. I now just want to finally get rid of it and Cabot just don't seem willing to negotiate. I have done a SAR and have had a copy of the original loan agreement from Egg, and unfortunately it checks out. I think, but can't be certain, I was served a default notice in the beginning i.e. about 10 years ago. If I was, it has long passed from my credit files, and this debt hasn't shown on both Experian and Equinox credit reference files for at least 3 years. I am looking to finally apply for a mortgage now all my other defaults are off my reports so I don't want to risk this one suddenly going on. So, How do I find out if there has already been a default on this loan, i.e. so Cabot can't report a default if I start playing hardball? There is nothing in the paperwork that I received through the SAR showing that there was, but the paperwork only goes back 2 years or so. Does anyone have any advice on the best approach to negotiating with Cabot and how low they are likely to go? They are refusing to tell me how much they paid for the debt as this information is apparently " a confidential commercial matter". I am not sure if this is true, or if it is worth pursuing? Even if for no other reason than being awkward? Any help appreciated! Thanks

Go for it Clara, they will roll over and when you see that cheque come through I hope you are as pleased as I was!

I am not sure if a PO Box is acceptable, though as you point out the banks use one so it should be. On the court form it just asks for a mailing address (if different from your own address) so I would guess that a PO Box would be fine. Like I say i don't actually know though?

The problem is that the moneyclaim online procedure explicitly asks for a mailing address in England, so if you don't have one you can't go through it. However, someone else on one of the threads asked if they can use an english solicitor which as far as I am aware would be fine. As, again, they would be only acting as your agent - the fees shouldn't be very much as you won't be asking them to go to court on your behalf or to prepare any legal documents as you would be doing these yourself. The other posibilty is asking if any of the moderators would act as an agent? it doesn't involve anything other than forwarding mail (in my case it was three seperate pieces of correspondance, so not exactly a lot). There are no legal ramifications for them either, as again it is purely a mailing address. Certainly it was much easier and better for me to do the whole amount in one go under English law than trying to do 7 seperate small claims as I would have had to do in Scotland - and the time it would have taken would have meant I would still be at it this time next year.

Hi, just read this thread - have been away and not paying attention to the forums as much as normal. I have always lived in Scotland and did have an account at the Bank Of Scotland for many years, until their charges became obscene and I switched accounts. Last week I recieved a large cheque from Halifax Bank Of Scotland through suing them via moneyclaim online at their Halifax address. I was advised to try this by my Scottish based solicitor and it worked. The only problem I had was that I had to get a friend to act as an agent - ie let me use his house in York as a mailing address. Again I was told by my solicitor that this was fine, that as it was only a mailing address and my Scottish address was on the form anyway so they were purely acting as an agent - in the same way as a solicitor would. I hope this is of help.

Yes, I just used the moneyclaim online thing from Northhampton court - the only thing is that you need a mailing address in England, one of my friends volunteered and forwarded any mail onto me. It is just a mailing address, though, as I still used my own address in the pursuer section.

Another victory for the Bank Action Group after a long hard slog! I started on this over a year ago and took on a solicitor to help me, but he turned out to be completely ineffectial so I took on another one 2 months ago. Interestingly enough my account was with the Bank Of Scotland and I have always been resident in Scotland, but my solicitor advised me to try moneyclaim online as the Bank Of Scotland's head office is now the same as Halifax's in England and as the amount I was claiming was £4600 plus interest (£1200) it was still under the small claims threshhold in England. It worked! They issued a notice of intention to claim and then they day before the court was going to set a date sent me a cheque for the full amount of charges, the interest as claimed and the £120 court fees. Worth noting for any other Bank Of Scotland customers. I am also working with my local MSP on putting out a press release about this, so if it gets published I will, of course, update the group.

Another victory for the Bank Action Group after a long hard slog! I started on this over a year ago and took on a solicitor to help me, but he turned out to be completely ineffectial so I took on another one 2 months ago. Interestingly enough my account was with the Bank Of Scotland and I have always been resident in Scotland, but my solicitor advised me to try moneyclaim online as the Bank Of Scotland's head office is now the same as Halifax's in England and as the amount I was claiming was £4600 plus interest (£1200) it was still under the small claims threshhold in England. It worked! They issued a notice of intention to claim and then they day before the court was going to set a date sent me a cheque for the full amount of charges, the interest as claimed and the £120 court fees. Worth noting for any other Bank Of Scotland customers. I am also working with my local MSP on putting out a press release about this, so if it gets published I will, of course, update the group.

He really is the man.... I have had a large number of letters going back at least 3 years from him while he has been working in the Thurso (near John O Groats) branch of the Bank Of Scotland! Cornwall, Northern Ireland, The Far North Of Scotland, he must have a helcopter instead of a company car?

Its the K-Series Rover engine that is the problem - they are common to the MGF, the Freelander and the Lotus Elise. Good engine but badly made. The Cylinder Head Gasket went (with no warning) on my MGF at about 45,000 miles. However it is possible to buy a Lotus racing head gasket (for £25) which is significantly better than the Rover standard one... worth doing if your's goes to at least stop it happening again. Rover also put plastic dowels to hold the head on (and save a few pennies per engine) which again can be replaced by metal ones for the grand sum of £1. It is a pretty shocking way to manufacture an engine.

Hmm, I wouldn't hold your breath..... After suddenly receiving a refund of all my bank charges two weeks ago from Smile, before starting legal action but 8 weeks after sending the 'nasty letter' from this website I recieved an email saying that Smile were updating their terms and conditions. Following the provided link to a list of charges this is the most interesting part of the update; "smile Current Account Tariff All smile online banking services are free. Charges are only made for the following services: ............ 'bounced' cheques, direct debits, standing orders or where you use a cheque guarantee facility or Visa debit card to create or increase an existing overdraft (due to lack of funds) £25 " so it is now a "service" for "creating or increasing an existing overdraft" I would be surprised if they have had a sudden change of heart within the last week.......

In Scotland you can only claim up to £750 through the Small Claims process, but using the "Summary Cause" process you can claim up to £1500. The Summary Cause is similair to the Small Claims process, in that you don't need a solicitor to implement it, though it is higher risk as I think there is a much higher limit on expenses claimed. Still, worth a go though. You can get all the information from http://www.scotcourts.gov.uk/sheriff/summary_cause/index.asp I hope that is of help. Good luck!

Thanks for that, will keep at them and let you now how I get on. They have been pretty nasty in the past when I got into debt problems, after my company went into liquidation and I lost my job. I dug in and refused to back down (they were threatening all sorts if I didn'y pay my bill - in direct contravention of the Banking Code) and they eventually agreed to a set monthly repayment at a level I decided. I am fairly confident that a good part of the current balance is charges just to make things worse! Or better, if I win....

Oh what fun! Spoke to them this morning and they have agreed to send me the statements from 2002, but they can't send me any previous ones as they are in storage on CDs in Dallas! However if I pay £2.50 per statement they will get them out.... otherwise it will require a "disporportionate effort" to retrieve and thus they can get out of it under the DPA.... Not really a problem as I will work out the charges over the last 3 years (which I know to have the most in) and double it for the court action, and maybe add on a bit extra just for fun. He is willing to put it into writing so will pass it on to the Information Commisioner to get his opinion. Interesting interpretation of the DPA, I think.

Thanks for your help! Having calmed down and done a little more research on both the Information Commissioner's and the Liberty website among others I can't see any limit to how many times you can be given information under the act. So he was talking nonsense in regards to the bank statement thing. Indeed why would the Information Commisioner specifically mention bank statements, if it didn't mean that you could access them whenever you wanted, irelevant of whether you have had them already! Typical 'bullying' tactic of a bank, as he was fairly agressive and patronising in his approach.