The additional costs they paid for was the transfer, hotel and £150 each. They have not paid phone bills as will only pay for those shown on bill to be to them, but as we could not get through from Thailand and had to ring family to ring them they say they won't refund them.

We booked to go to Thailand in December, was a bit nervous booking through lastminute, as normally book a package through a Travel Agent, We arrived at airport, all OK. Eventually arrived in Bangkok, all OK. Arrived in Phuket and collected at airport, great. Got to our hotel on Christmas Eve, not so great, after waiting quite sometime we were asked if we had any other documents as there was no trace of our booking. Fortunately I had saved all the correspondence on my hotmail account, so printed off what we had. Hotel staff were very good and said they could put us up for time being, until problem was sorted. Obviously as it was Xmas Eve we could not get hold of lastminute by phone and emails were left unanswered. We finally managed to make contact on 27th and they told us we would need to speak to their manager, who had taken over our case. Our hotel could originally only take us until 28th when we would have to move to another hotel, which was more expensive and we would have to pay additional cost. We agreed, while family tried contacting lastminute for us, as we could not get through. On 28th we were told that a payment had been made to our hotel, but each day we had to check to see when we would have to move out. Eventually we were moved on 30th, to a lovely hotel but it was across a busy main road, whereas our other hotel was right on beach. Apart from spending a lot of time on reception, phones, computer and transfers between hotels we did not actually unpack until 1 Jan and we flew home on 5th. We also found that there were no transfer booked between domestic airport and international, fortunately we discovered that the day before we left and arranged transfers from the local travel company. When we arrived home we had mobile phone bills in the region of £350 compared to our normal ones of £60, some obviously was for wishing family a Happy Xmas and New Year but a lot of time was telling people where we were and where we had been moved to. We wrote to lastminute and they have refunded our additional expenses, paid for our Gala New Year dinner and given us £150 compensation each. We told them were are not satisfied with the offer only to find they have credited our credit card with the money. I feel that our holiday was an expensive waste of money, it cost us £4000, plus spending and out of pocket expenses. Are we able to ask for more, as I only had 5 days leave left to last me to April and that is why we went at Xmas so I could use the days over Xmas and New Year to have a decnt time away and came back more exhausted than when we went. Any advice please?

Even though Barclaycard had all info have never heard from them once we pointed out that with late payment and over the limit charges brought the debt down from £1200 to £283 and therefore felt it was unfair that cousin had probably paid far more than originally owed as he had continued to pay even if it was not full amount. Thanks for link I had already printed it off as dealing with a couple who have debts that card companies won't reduce payments on, as trying to get debt advice linked into my job as benefit adviser.

Only one proper CCA, from Barclaycard giving all info required to enforce. Interest rate, amount of credit, repayment terms and I can't recall off hand what else but has to show 4 things. A lot came back and said he'd signed the agreement on the application and therefore it was enforceable but we disputed it quoting the 4 elements that had to be included and we either heard nothing from them again or told they were referring it back to credit card company, but still have heard nothing. Below is a couple of examples that we sent out, hope they are of use. 1st Credit PO Box 278 Reigate RH2 7WB 15 August 2007 Dear Sir I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY Re: my request under s78 of the Consumer Credit Act 1974. Customer: Bank of Scotland Ref: Balance: £973.90 Thank you for your recent letter sent to me dated 29th June and 4thJuly 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of the alleged agreement you refer to, providing that a fee of £1.00 is paid. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account and I also requested a copy of the assignment letter, as I am acting on my cousin’s behalf and need to be able to prove that I have only paid creditors that have been able to prove the debt. This fee was sent with my original letter, dated 1st May 2007. Upon receipt of the original request the specified account legally entered into disputed status. The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days, which you have done, then non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party). To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my cousin’s data without his consent will be met with a complaint to the Information Commissioners Office. Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint; otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future. To sum up, I will not be making any further payments to you until you provide me with the document I have requested and that any legal action you may contemplate will be both vigorously defended and contested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me, at the above address. I look forward to your reply. Yours faithfully This one may be of interest for those that insist they have provided documentation proving they can enforce debt CapQuest Debt Recovery Ltd Fleet 27 Rye Close Fleet Hampshire GU51 2QQ I DO NOT ACKNOWLEDGE THIS DEBT Dear Sir Customer: Ref: Re: Balance: £598.39 In reply to HL Legal Solicitors letter dated 30 October 2007, as far as I am aware this debt is still in dispute, as Trading Standards have advised me that the very poor copy of the application form sent is not a consumer credit agreement, although Mr has signed to accept the terms etc. There needs to be the following information included in the body of any agreement and if one is missing then it is unenforceable. They are: A) Amount of credit B) Repayments C) Rate of interest D) Credit limit For a credit card debt the agreement must include Repayments, Rate of interest and Credit limit, which the copy you sent does not. If this is included then I would like a better copy sent, as most of the copy is illegible. Until you can provide this information I am unable to offer any payment. I also notice that the amount outstanding has increased and would like an explanation, as once an account is in dispute no further interest should be added. Yours faithfully And for those that sold debt to another DCA we sent 1st Credit PO Box 278 Reigate RH2 7WB Dear Sir I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY Halifax £1169.94, 1st Credit Ref: In reply to your letter dated 31/10/07, as you are aware from my previous correspondence that this account is in default with Moorcroft, as they have failed to supply a copy of the signed credit agreement and therefore until such times they are able to comply with this request, the account remains in dispute, is unenforceable and no payments will be forthcoming. Under the circumstances, I suggest that you liaise with Moorcroft before sending my cousin any more letters demanding payment. For your information they have been sent a Power of Attorney giving both myself and my husband authority to deal with Mr finances, as he has had a stroke. Due to the problems we have been having with various debt collection agencies chasing payment when a debt is in dispute, we have reported Moorcroft and yourselves to the OFT. Yours faithfully Hope these help, you can copy and past and adjust to suit your needs. Good Luck

I was in same situation too, we were acting on behalf of a cousin who had 25+ DCA's chasing for about £66000. I have been right through process, sending requests for CCA, serving default notices on those that didn't reply or provide agreements, answered those that did pointing out that they were application forms and not agreements and as didn't have correct info couldn't be enforced, to DCAs then passing onto to other DCA's to chase - which we then served with a threatening letter to take both companies to the OFT. Apologies were then received and nothing further heard about repayments etc. So far out of £66,000 we have only paid less than £1,000 out, calls and letters have stopped. As we now have very little post, rather sackfuls we are thinking of joining a penpal club as having withdrawal symptons!!! We have only achieved this with the help of this site and now willing to help others

Not sure if this is correct but have given it a go

Whats photobucket

I've copied and clicked on paperclip so hopefully this will work, not done before so excuse my ignorance

Will try but last time paperclip wouldn't work

Boy will theses DCAs ever give up. We have been on holiday and then I've had pneumonia so have had a chance to do much for cousin, but here is update on latest paperwork rec'd. Cabot: letter received stating 'they are entitled to collect the debt and also to enforce original terms of the credit agreement. Although Cabot does not have an obligation under section 77and/or 78 of the Consumer Credit Act 1974 to supply with information. They will assist with customers in obtaining info and Cabot rely on original lender to provide info.' They have enclosed a copy of the credit card agreement, signed by cousin and point out that 'This is an agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms' 'Therefore this consitutes a valid credit agreement, which is regualted by the consumer Credit Act 1974 and under the terms of the agreement. Under section 78 of the consumer credit act 1974 it states "the creditor ... shall give the debtor a copy of the executed agreement (if any)" and stress the word "if any". They then go on to say as far as they are concerned they have supplied a copy of the agreement from MBNA and therefore satisfies all obligations of both parties. The form they have sent is marked as YOU ARE APPROVED, I WOULD LIKE TO ACCEPT MY MBNA CREDIT CARD. In small print please provide the follwoing information so we can set up an account and give you the highest credit limit possible. Again it's like an application form, with no interest rates and no repayment details. Any advice on where I go from here please?

The one paid was for a CCJ for Abbey card. I have scanned application but nothing happens when I choose the paperclip, comes up with error on page. The application is the normal asking for name address, employment, other cards, expenses,bank acc details, additional card holders, payment protection plan. Then it asks to formally confirm that you are at least 18, have read and understood terms and conditions, the information is true etc, any false info will invalidate application, may obtain further info from other reference agencies,acknowledge that BFC ins ltd and BFC Life ltd are connected. In box it states 'This is a Credit Agreement reg. dated? (can't quite make out as poor copy) by the Consumer credit Act 1974. Sign it if only if you want to be legally bound by its terms. HFC have asked for medical info as we were trying to neg. a settlement figure once we had relevent paperwork confirming debt. Have done letter to Moorcroft so thanks for that, will send RC tomorrow. Sleep well

Not been on site for awhile as all has been quiet. Now starting to get replies back. 1st credit re Bank of Scotland have acknowledged my letter but still asking for me to phone; HFC have stated that the copy of the application sent to me shows, in the signature box, that it is a credit agreement regulated by the CCA 1974 and by signing it our cousin has agreed to be legally bound by its terms. They have also asked for a prognosis and certificate confirming that he has had a stroke. Capquest re Marks have sent a copy of the assignment letter and how to make payment (no CCA). Cabot re MBNA have sent stating they wil investigate our complaint and on hold, a further letter asks us to phone them as they have not been able to contact us: Capquest have stated in their letter that they have not been harassing, as they have been unable to contact cousin, although we have always insisted that all contact be in writing. 9 have placed on Hold, one has closed case and one we have reached a settlement figure of £900 instead of £3000+. NDR who were chasing payment for Marshall Ward have totally ignored all letters, have now received a letter from Moorcroft threatening court action and Marshall today have rung cousin asking for payment, stating they have no knowledge of debt. The remaining 5 have not replied. So far pleased with result, am I at stage where I can send copies to OFT for those that are still asking us to ring and those that are chasing/passing debt on? Grateful of any advice, thanks

Yes he gets low rate care as well so trying to upgrade that too now we know more about the effects the stroke has had on him

Yes I have claimed DLA for him already and in process of asking for an upgrade as he also has very bad arthritis in his knees, which he hadn't seen a doctor about so was only awarded low rate mobility but now that i have nagged him to keep mentioning them every time he goes to docs we should get an upgrade. If there is anyone out there that needs benefit advice, DLA/AA forms completed it is my job so feel free to contact. If already in receipt of I can also check you are receiving the correct amount, as DLA affects Income Support, you get more and if on high rate of dLA you get even more Inc Supp.

Sorry didn't see bit about cousin, he's Ok eyesight has been affected, it was already bad hence the problems reading mail and small print but now his brain is sending wrong messages so a table could be a person. Biggest problem is he keeps missing things, so dinners end up on floor and if he goes out becomes disorientated. Pleased that we have taken on DCA's as I think the worry had a lot to do with stroke. Didn't realised how high a persons blood pressure could go, originally it was 300+ over 240 and docs have only just managed to get it down to a reasonable level - has taken nearly 6 months though. Anyway thanks for asking.