Hi Thankyou for your response OK I will act on option © and (d) This is for the 'stupid account' What does d/w and IDC mean please? so I know what you are talking about (silly me) I know what POC means Their POC says The Claimants claim is for the sum of £????(it is the full amount) being monies due from the Defendant to the Claimant under a regulated credit agreement between Barclays Bank PLC T/a Barclaycard under reference ??????(credit account no) and assigned to the Claimant on the 31st March 2008 The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 87(1) of the Consumer Credit Act 1974. The Claimant claims the sum of £????? Gill5blue

Hi PANICKING I have received a claim from CL FINANCE via Howard Cohen Solicitors from Northampton county court, I have to either a) admit all the amount of claim b) admit part of the claim c) dispute the whole claim d) ask for 28 days not 14 days if I wish to prepare my defence e) do nothing and the judgement may be entered against me. Now what do I do, please help as I have never had a letter like this, and can the help be step by step. I presume I should initially request 28days? Gill 5 blue

HA HA HA HA HA HA HA HA HA giggle giggle giggle (sorry I couldn't resist) missing them already

Hi GOOD NEWS--WELL DONE I have been following your thread and I have my own fight going on with MBNA as to no enforceable CCA (and other credit cards). This gives me hope, it is slow going but I can see they do not have an enforceable CCA otherwise I would have thought after 10 months I would have answerable to somebody by now , but the letters I send keep them at bay, so I think I am winning. Gill

Hi Just subbing-Jaws has subbed to one of my threads Good luck Jaws-get that address sorted because sorting it out takes a long time. I CCA'd my credit cards May 2007pIhave had one written off due to them admitting they had no CCA, the rest I am ping ponging letters at the moment. As for bank charges, I photocopied the information and letters from this site, took them to work (about 40 people work there) and 18 people got back various amounts, one in particular got back over £50,000(no really I am serious) and I think if people were honest with me they must have got back over £100,000 between us(I know I only said half the amount, but it does not matter really.) A wrong was righted and that is a good thing. Gold lady -well done-brilliant siganture, I will be looking to find your MBNA cca, I am also pin ponging letters with them

Hi UPDATE Citi have passed the account to 1st Credit(Finance ltd) I shall be writing to 1ST CREDIT with the following letter-curtesy of CURLYBEN, modified as suggested, to meet my needs with 1st Credit. I sent a modified letter to BARCLAYS Solicitors and the solicitors pinged back the account to Barclays double quick-I hope 1st credit do the same here is the letter Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date. To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents. These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974. In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation. If that request is not satisfied after a further 30 calendar days you commit a summary criminal offence. These limits have expired. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. And (b) If the default continues for one month he commits an offence. Therefore this account has become unenforceable at law. You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue. This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems. Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped. This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution. Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. Communicate in writing and ONLY in writing, your telephone calls will NOT be answered. HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully BLAH __________________

UPDATE I posted letter as above with changes and received back extremely promptly a letter from DML saying they have noted my letter and closed the file and will not contact me again, they have said they have passed my account back to Barclays. Well who can advise me as to what will happen next?????????? I will guess a letter from Barclays, but saying what?

I wrote to debitasand have had a reply back 'acknowledging my letter', they said they will be contacting me 'in due course' 3 weeks has gone by and I have not heard anything. Gill5blue

UPDATE It has all gone quiet, no phonecalls, no letters, ????????? Gill5blue

UPDATE Still have not heard from CITI, but I have received a response from Information Commissioners Office Ipresume I can ignore their advice at the bottom of the letter here it is for your perusal http://i207.photobucket.com/albums/bb262/credit_2007/93ICO.jpg and http://i207.photobucket.com/albums/bb262/credit_2007/92ICO.jpg :I'll put in a request for a forum that specifically deals with CCA requests.: how are you getting on with this? Gill5blue

UPDATE-2 I wrote to restons explaining that the account should not have been passed to them, they wrote back to acknowledge my letter and I have not heard anything from mbna or restons for I month now Gill5blue

UPDATE Thankyou dpick advice duly noted I have had a response from ICO, it could cause a debate here it is for your perusal http://i207.photobucket.com/albums/bb262/credit_2007/93ICO.jpg and http://i207.photobucket.com/albums/bb262/credit_2007/92ICO.jpg

Thanks Main man Was you succsesful with this letter? Gill5blue

Thanyou Enron I will consider court!!!!!!! scary I agree with your last sentence

UPDATE I have heard nothing since I wrote to CITI stating that they should not default the account, and also thay should have wrote to me by December with their final response (they stated the date) so I wrote them informing them they were 8 weeks overdue on the response, and could I presume they have now reduced the account to zero. I also said if they have defaulted the account I will look at ways to reverse this and to seek compensation. It has now been 15 weeks with no officail communication (standard computer print outs stating pending defaults only) oooooooooooohhhhh have I won?????? I think I would rather have a letter than no communication, maybe my last letter did the trick!!!!!!!! Should I resend the last letter? Gill5blue

Hi, I have just had a letter from CAPITAL ONE stating that since the account has been opened it has been operated in accordance with the terms and conditions and as so it will remain enforceable, how shall i phrase my letter in response to them? Surprise, thankyou for your response, what can I state in a letter to them as to what prescribed terms are missing? Help it is getting me down Gill5blue

well done, you will fun with mbna - they are terrible

update mbna are horrible people to deal with, they phone me at work as well as home but have not supplied the correct CCA and have now passed the acount to 'Restons Solictors' did not update this thread earlier as was following advice from other threads

UPDATE Well cap1 have stopped ringing and passed the account on to 'debitas solicitors'-I am now writing to the solicitors stating I have not been supplied a true copy blah blah of the CCA. I will have to wait to see what they come back with. It gets so tiresome sending similar letters( and guessing correctly the replies) but I will keep going

Bump Can any one tell me if this is enforceable, as I am now getting letters from solictors. please

Thankyou very clear advise I now know what to do Gill5blue

Hi Have had a response from FLA and they suggest I write to GE MONEY again which I will do

EXCELLENT-THIS IS MASSIVE I think it is knowing that most of the consumer credit agreements are invalid and to avoid people owing even more to credit cards before they find out their agreements are possibly invalid. Maybe these accounts have been investigated by the credit company and found out they are invalid before the consumer has found out-if the account is closed you cannot request a CCA (i think)

update I have received letters from mbna stating there will be imminent court action, and a default will be registered also I received a letter from the FOS stating they are still not in a position to look at my complaint they have started ringing again

update Cap1 still ignoring situation and say they have complied Here is the application form Can anyone tell me if it is valid because they say I have breached the agreement and have served notice of default under section 87 (1) of the Consumer Credit Act 1974 http://i207.photobucket.com/albums/bb262/credit_2007/Cap1App1.jpg How shall I reply? Cheers in advance