I have done such a stupid thing, I thought nobody had replied because I didn't check for a 2nd page. I feel like such a fool. When I posted something else suddenly the 2nd page appeared. *blushes* There is about 10 pages of terms and conditions which was sent with the 2 I posted. I'm not in a position to even make an offer of payment over £5 a month. If there is anything else you need to know to assist then please ask. Thank you so much for any help.

I have been in contact with them, they have told me that the original documents are never kept but a reconstituted copy on disc has always been enough for the courts. Could someone please clarify this. Thanks.

I have received a letter from Cap 1 telling me they have sold the debt, I then received a letter from Cabot saying they had bought it. I made payments through payplan last in early 2007.

Not harsh at all. What I meant by what I have said is that the default was registered 5 years ago so I only have 1 more year before it is removed from my credit file, regardless of if the balance is still outstanding or not. If I get a CCJ then that will start the clock again as you know. If I come to an agreement then yes, I understand it will show on my file, but only until the original debt is removed due to the 6 years since default. I hope I make sense. What do you mean by inspection of the document? You mean the original? How would I be able to inspect that?

If you're 100% sure about that then surely there is no way I could lose it then? I believe I have already been told that the original is most likely not available as they didn't tend to keep them after scanning.

I always thought it had to be a true copy so why do you say about the original? Am I missing something there? I can't afford to risk a lottery, I need to know 100% that I will win before I even consider allowing it to go that far. If there is a 1% chance I could get a CCJ I'll start paying them. I can't end up with another 6 years of bad credit.

I've been told that they will send what they have. I'll let you know what that is when I receive it. I have dealt with Cabot before and they were above board before which is why it is worrying me more so than other DCA's I've dealt with. What I'm thinking is if I try to get out of paying due to an unenforceable agreement and they take me to court and the judge says the debt IS enforceable then I will be in a position where I have a CCJ. Is there any way to KNOW that it is or isn't enforceable before I get that far? I can't risk getting a CCJ.

I have requested the notice of assignment from them and will post that asap. What else would anyone recommend I do?

I believe i did get one and I believe it's ok. Have you noticed the first page appears to be 3 pieces put together. is that likely to be a way out? I guess from what you've said though, that I will have to make arrangements with them as if it goes to court then I will end up losing?

Thank you for your advice, I have removed the bar codes. I wasn't aware they meant something. I have also added the 2nd page. The part of the 'prescribed terms' which I believe to be missing is the credit amount. Please advise me if anything else is missing. Thank you so much in advance to anyone who can help, I've worked so hard to get this far.

I have received information that after 3 years of not hearing anything from Capital One that Cabot have purchased the debt from them and are going to take me to court for the outstanding balance of 'my' credit card. I have requested the agreement under the CCA and have been sent the following. Could someone look at it and tell me if I can take this to court and be told it is not legally executed or will I have to bite the bullet and start paying. I'm pulling my hair out as I only have a year left on this default and if I get a CCJ then that's another 6 years of no credit ability and thus, no mortgage. Thank you to anyone who can help in any way.

Thanks for the heads up on that. I'm so desperate to rebuild my credit rating. I'm stuck in the house i rent due to the fact that i cant get a mortgage due to my credit rating and no surprise here, i cant rent somewhere else because i fail their credit checks too.

Tbh i expect people like cap 1 to do it and they haven't. they have just left it. i've got so many unenforceable debts sitting on my credit file and nobody will remove them. surely if they are unenforceable then they cannot be left on my file?

Thanks for your reply, but phone calls are not the problem. it is the fact that i receive a new letter from a new dca every 3 months or so and have to go through the process of writing or calling them to inform them that the debt is unenforceable. they then request it from halifax, halifax cant find it so the debt is sold back. the debt is then sold on to someone else and it all starts again.. I had 2 debts that i cca'd with halifax, 1 smaller credit card and 1 larger one. the smaller one has been removed from my credit file at some point but the larger one keeps going around in circles. its getting demoralising.

I CCA'd Halifax in sept 2007 and have received a letter about a year ago saying they were unable to locate the agreement. they have been selling the debt on to DCA's and having them sold back to them about 3 months later. I have informed each dca about the unenforceable nature of the debt as soon as they have requested payment. They are now onto the 4th or 5th dca. Halifax say that they can keep chasing me for it or a dca can but it is unenforceable in court. it is getting ridiculous and i want it off my credit file. With a seperate debt the debt has been written off their end but my credit file still shows full amount. is there a way to remove it if they have defaulted on the cca request?

I am in the position that MBNA had to write off my debt due to no agreement. unfortunately they dont have to amend your file. all they have to do legally is stop chasing you for the money. their records will show a nil balance but your credit file will not lose the default until the item becomes statute barred 6 years from date of default.

I received a so called copy of the original agreement from capital one via debitas. it seemed to me that it was 3 pieces of paper mashed into 1 and then photo copied. I have disputed its authenticity and so far i have received no correspondence from them trying to enforce. Be careful that what they send is correct.

does anyone know the answer to my question?

well said david.

If you cannot afford to pay the debts and your life is going down the pan quickly and it is affecting your physical and mental well being then getting out of your debts in any way you can is the right thing to do. you are a person with feelings, a bank is just a load of computers. everyone deserves a 2nd chance at life and in todays financial climate you will never get that 2nd chance if you do things the banks way.

sorry to drag up an old thread but i have had some very important news after all this time. Halifax have just admitted to me that they cannot find the paperwork for both of the credit cards. this totals £12k. they have said they will escalate it to a higher authority for a decision and they are going to write to confirm they cannot find paperwork and i should receive the letter within 48 hours. does this mean the debt will have to be written off?

oh, forgot to ask. should i send the letter to original creditor or the new debt collector?

thank you, i will do that. merry xmas to you too.

thanks for your help and reassurance guys. its very much appreciated. should i send the letter you posted in post 41 to these other guys as it is about a different credit card?

I have sent a request to halifax. i sent it recorded delivery and i have retained the proof of sending.