Well the company has no assets and no money so the company would not be in a position to pay. The accountant sent invoices and then warned me of litigation then I received the court claim from his lawyer. The relationship used to be fairly good but due to my company suffering financially the relationship has pretty much broken down. I'm just not sure what exactly to ask him for as in how to ask him for a full breakdown of the invoices. He tends to be quite vague. The other problem is that time is running out for me to submit my defence. Is there any sort of time extension that I can request from the court in order to have time to get clarification on my defence from the accountant.

The POC are : "the claimant is claiming monies owed for a consultation between the Claimant and Defendant at the request of the Defendant and invoiced in the sum of £1846 a copy of which is attached hereto." Now I don't remember requesting to see the accountant at all during 2008 or 2009. I would have gone to see him in response to a request he would have made for me to come and see him to discuss business accounts etc. You say I should use a CPR request. Could you tell me which CPR that would be as in CPR 18, CPR 31.14 or CPR 31.15.? Thank you so much for your help, it is really helping me make sense of everything.

Thank you very much for replying to my post. I had a look on file at the service agreement and I see that there are actually 3. One is for the company accountancy, one is for my personal accountancy (the accountant did my payrole and personal tax returns), and the last is for the company secretarial accoutnancy. On the company agreement it does not state any personal liability by directors. There are 2 invoices that are both addressed to me that the accountant is claiming for states: The first invoice states Professional charges in respect of: Financial management work and advice from January 2009 to 30 September 2009 Accountancy work To include all associated telephone calls and correspondence with yourself and HM Revenue and Customs. The second invoice states Professional charges in respect of: Financial management work and advice for the period 01 October 2009 to 31 March 2010 Completion of form P35 for 2008/2009 and filing online Work on 2008/2009 tax returns To include all associated telephone calls and correspondence with yourself and HM Revenue and Customs. The last time I saw the accountant was around March 2009 and the business hasn't traded since October 2009. The total invoice amounts add up to £1846 for just over a year of accountancy. So not sure what to do now, not sure if all these accountancy amounts are for personal accounting. I am just so confused at the moment, not sure what to do.

I have a recently received a court claim with regards to accountant's fees from when I had my limited company. My limited company still exists but hasn't traded for the last 11 months. The accountant stated on the court claim that it was for professional services. I would like to see what evidence the accountant has to show that I am personally responsible for these fees as opposed to the limited company being liable, considering that the accountant's fees were always set out as a business expense in the company accounts. My question is, what request could I make to the accountant's lawyers to ask for evidence of the service agreement because in his court claim he has not mentioned any documents only attached one invoice for charges. I really am in a panic over this issue, please could somebody offer me some advice. Thank you for your help

Thanks supasnooper for your response. I have read through the link on enforceability of CCAs. On the MBNA CCA that I posted, it stated that MBNA will choose my credit limit and tell me what it is. Is this sufficient details with regards a credit limit on the credit card, does this not sound more like an application for credit form? The other thing is the "Your right to Cancel" section states "once you have signed the agreement you will have a short time in which to cancel it. We will send you details of how and when you can do this." Is this allowed? MBNA refers to details in paragraphs 1 - 14. On this agreement there are only sections 1 - 3. Thanks Falten

I requested a copy of my CCA from MBNA a while ago. The account went into dispute and then I sent the dispute letter as they hadn't provided any copy of a signed CCA. Then a few weeks ago a copy of an electronically signed agreement arrived from MBNA. I would really appreciate any advice as to whether the agreement is enforceable. They are saying that their next step is legal action. I have attached a copy and have blocked out my personal details and reference number on the first page. I noticed that there were no reference numbers or anything else linking the pages together, is this correct? Thanks Falten Full page photo.pdf

I requested a copy of my CCA from MBNA a while ago. The account went into dispute and then I sent the dispute letter as they hadn't provided any copy of a signed CCA. Then a few weeks ago a copy of an electronically signed agreement arrived from MBNA. I would really appreciate any advice as to whether the agreement is enforceable. They are saying that their next step is legal action. I have attached a copy and have blocked out my personal details and reference number on the first page. I noticed that there were no reference numbers or anything else linking the pages together, is this correct? Thanks Falten Full page photo.pdf

I know this might be a bit of a stupid question but can a creditor issue defaults or summons etc. while you are waiting for them to supply you with the documents under a subject access request? I originally sent a CCA request to Barclays for a Barclayloan. They sent me copies which seemed to contain all the prescribed terms but no signature. They stated they were not obliged to send me a copy with the signature. So I have now sent them a Subject Access Request so that I can get copies of everything they have on file. They have responded so far by threatening court action. Would it have been better to use the CPR route to check if they do have a signed credit agreement? I would appreciate any advice that I can get Falten

Do you happen to know where I can find the quote from the credit act that talks about the requirement for legibility of credit agreements? Thanks Falten

Thank you for your reply. Yes, the copy agreement is as illegible as the pdf in my previous post. When I made my initial CCA request a while ago, Next sent me the same illegible copy. So I sent them a letter saying it is unenforceable due to illegibilty. They have now sent the exact same illegible copy again with a separate sheet of paper containing a legible blank credit agreement and the prescribed terms and conditions. They are claiming that for the CCA to be legal and enforceable, the only details that need to be legible on it are my personal details, date and signature (all of which are the only things legible on the document). So do you think they are just trying their luck with me? Thanks Falten

Here are the links to the bigger images. Next CCA.pdf Image1-1.pdf

After requesting an enforceable CCA from Next, I have received a signed credit agrement from Next directory. I have blacked out my personal details, signature and date of signing. The terms and conditions on this copy of the credit agreement that Next has sent me seem pretty illegible to me. They have sent a separate piece of paper with a legible blank agreement on it so that I can read the terms and conditions on there. My question is whether all words on the actual signed credit agreement have to be legible or is it just your personal details, date and signature that have to be legible for it to be enforceable? Is it legal then to send an attached form with the terms and conditions on it? Thanks for your help Falten

Thanks for the reply. I have read through the first page of this post regarding enforceable CCAs. I am still wanting to know whether a CCA with a misspelt name is still enforceable? Please could someone advise me on this 8)

Thanks for the reply, I have posted on the link as well. Really hoping that the agreement would be unenforceable due to misspelling of surname. The funny thing was that the terms and conditions that they sent me which are the current ones, have my surname suddenly spelt correctly....

Hi, I sent a CCA and statement of account request to Skycard. Skycard has sent me the 1 page CCA as well as their current terms and conditions, no statement of account. I noticed on the signed CCA my surname has been typed on with a misspelling, it is missing a letter. Does the misspelling of my surname affect the enforceability of the CCA at all? Does Skycard still have a legal obligation to supply the statement of account as requested? Another question I have with regards CCAs is what parts of the Consumer Credit Act do they by law have to include on the credit agreement? The reason I ask is that somewhere on the CAG website I read that the following has to be included to make the agreement enforceable: "schedule 1 para 3-19 is statutory info, plus there is schedule 2 forms 1-15 depending upon the agreement. If you have a large chunk of this info missing that can mean you have been denied the info the law requires and could prejudice you as a result" I would appreciate advice from any of the lovely members of CAG. Thanks Falten

Hi, I sent a CCA and statement of account request to Skycard. Skycard has sent me the 1 page CCA as well as their current terms and conditions, no statement of account. I noticed on the signed CCA my surname has been typed on with a misspelling, it is missing a letter. Does the misspelling of my surname affect the enforceability of the CCA at all? Does Skycard still have a legal obligation to supply the statement of account as requested? Another question I have with regards CCAs is what parts of the Consumer Credit Act do they by law have to include on the credit agreement? The reason I ask is that somewhere on the CAG website I read that the following has to be included to make the agreement enforceable: "schedule 1 para 3-19 is statutory info, plus there is schedule 2 forms 1-15 depending upon the agreement. If you have a large chunk of this info missing that can mean you have been denied the info the law requires and could prejudice you as a result" I would appreciate advice from any of the lovely members of CAG. Thanks Falten

Thank you for the link. I also read on there that you can only swap one handset under this offer and I have the 2 hansets under 1 contract. So again the person that sold us the phone blatently lied to me as he knew that I required 2 new handsets at the end of the 9 months. He never once stated that there are different price bands etc. and possibly could not even get a phone the equivalent of what I already have. It just makes me really really irritated and I will make sure that I never use CPW again. The other thing that I also read on the link that you posted is that when you sign up to the airtime contract terms and conditions you automatically sign up to the swapit terms and conditions. So if you aren't given any terms and conditions for the swapit at the time of signing up, how can you know that you agree to the terms and conditions. Is this legal?

I don't recall any info that they gave us about the Swapit deal at all. Is it standard for the CPW to make you take out another deal when you Swapit? I was very much not aware of having to be tied in even further. I don't know if I should apply for copies of all the data they have on my account? If they don't produce any Swapit information then what happens?

I purchased 2 Blackberry Pearl phones from Carphone Warehouse 10 months ago. I was sold an 18 month contract. The reason I took the 18 month rather than the 12 month contract was that they were offering the Swapit deal, so after 9 months I would be able to get a new handset. The person that sold me the contract stated that I would be able to take any other Blackberry phone available when coming to swap my phones at 9 months. So this was the condition of sale for me. I have now gone back to CPW and tried to swap my phones. They are now stating that different phones have now been put onto different price bands and subsequently my swapit that I took out does not even allow me to swap my BB Pearl phones for the same phone nevermind any other BB. They say if I pay £50 extra per phone then I will be able to get a BB. When I was sold this Swapit deal, there was no mention made of having to pay towards getting a replacement BB after the 9 months. What are my rights now, as I really don't have £50 to spend per phone to even get the same phone as I currently have. The person that sold me the phone said they can't really do anything to help me and just said that the system has changed and sorry my Swapit no longer covers any BB phones. They never notified me of the fact that I would not be able to get at least my equivalent phone without paying £50 per phone. So my question is, have CPW breached their contract by suddenly changing the terms of the Swapit deal. They did not give me any Swapit terms and conditions at the time of contract. I'm not sure what I can do now? Thank you for your help Falten

Thanks Powell for the reply. I had a read through your attached document and it did go a bit over my head. The statement of account that I have received from Direct Legal is for an amount that totals more than the full 4 year amount of PPI, despite having paid 26 months worth of insurance payments. Who would I contact to correct this? I would appreciate any further advice. Thanks Falten

Hi, I am new to this forum and wondered if anyone could PLEASE help me out here. My husband bought a car through Yes Car Credit in March of 2005. We returned it just before the first 2 years was up and paid in the shortfall balance. Yes, we were forced to take out the payment protection insurance at the time of purchase in order for there to be a deal. I have been paying the insurance monthly to direct auto finance since August last year, even though we have not had the vehicle. The debt has now been sold to Direct Legal and Hillesden Securities. I read somewhere that these PPI have been mis-sold as it clearly states on the agreement that it is optional. Is there some kind of letter that I could send to them with regards mis-selling PPI? I have read on this forum that people have also requested a copy of their insurance certificate. Should I do this? The other thing is that the Direct Legal is saying that I owe £2002,02 but the original insurance total for the 4 years was only £1816.80. I have paid the insurance for around 26 months, so how could this be? I really don't know what procedures I should take now. Please HELP! Thanks Falten

Hi, I am new to this forum and wondered if anyone could PLEASE help me out here. My husband bought a car through Yes Car Credit in March of 2005. We returned it just before the first 2 years was up and paid in the shortfall balance. Yes, we were forced to take out the payment protection insurance at the time of purchase in order for there to be a deal. I have been paying the insurance monthly to direct auto finance since August last year, even though we have not had the vehicle. The debt has now been sold to Direct Legal and Hillesden Securities. I read somewhere that these PPI have been mis-sold as it clearly states on the agreement that it is optional. Is there some kind of letter that I could send to them with regards mis-selling PPI? I have read on this forum that people have also requested a copy of their insurance certificate. Should I do this? The other thing is that the Direct Legal is saying that I owe £2002,02 but the original insurance total for the 4 years was only £1816.80. I have paid the insurance for around 26 months, so how could this be? I really don't know what procedures I should take now. Please HELP! Thanks Falten

Hi, I am new to this forum and wondered if anyone could PLEASE help me out here. My husband bought a car through Yes Car Credit in March of 2005. We returned it just before the first 2 years was up and paid in the shortfall balance. Yes, we were forced to take out the payment protection insurance at the time of purchase in order for there to be a deal. I have been paying the insurance monthly to direct auto finance since August last year, even though we have not had the vehicle. The debt has now been sold to Direct Legal and Hillesden Securities. I read somewhere that these PPI have been mis-sold as it clearly states on the agreement that it is optional. Is there some kind of letter that I could send to them with regards mis-selling PPI? I have read on this forum that people have also requested a copy of their insurance certificate. Should I do this? The other thing is that the Direct Legal is saying that I owe £2002,02 but the original insurance total for the 4 years was only £1816.80. I have paid the insurance for around 26 months, so how could this be? I really don't know what procedures I should take now. Please HELP! Thanks Falten

Hi, I am still fairly new to all of this. This is a really amazing site, very informative. My situation is that we purchased a car through Yes Car Credit some years back (I know now it was a really crazy thing to do ). After 2 years we returned the car and had to pay in an amount to settle the account. We still have the PPI, which runs for the full 4 years. We were forced to take out the PPI otherwise wouldn't be able to purchase the vehicle. So I was paying Direct Auto Finance the monthly amount for the PPI but now they have sold the debt onto Direct Legal and Collections. They wanted to set up a direct debit with me but then I came across this site. So I have sent them a CCA request last week and have since received a phone call saying they were going to take legal action and then I have received a letter asking for payment or legal action. My question is, do I have to start paying them while I am waiting for the Credit Agreement and Deed of Assignment, or do I say that I will not pay until they prove that the debt belongs to me?

I requested a Consumer Credit Agreement from Skycard. I received it back and on the top of the form ot sayd application form. It does mention that it is a credit agrrement regulated by the CCA. What I wanted to know was would the agreement need to be signed by both the debtor and creditor or could it just be the debtor for it to be legally enforceable? It does have a stamp over the terms and conditions saying "Subject to Credit Approval". Any advice would be appreciated