Sorry if i got that wrong but the OP said that it turned into a loan. If it's loan they're being chased for then surely section 77 applies?

It might be an idea to ask a mod to move this thread to the debt collection forum. You'll probably get more help there. I've found AIC to be particularly rude and aggressive, don't under any circumstances talk to them on the phone. As for the CCA request send this letter and a PO for £1 by special delivery. Allied International Credit (UK) Limited Anderston House 389 Argyle Street Glasgow G2 8LR Dear Sir/Madam I do not acknowledge any debt to your company. With reference to the above account, I would be grateful if you would send me the following documents. 1. A true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within sections 77-79 of the Consumer Credit Act 1974. 2. A full statement of account. 3. A copy of any other documents referred to in the agreement. I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of my credit agreement on request. I enclose a postal order of £1, which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documents requested, this fee should be returned. Further to the above, please ensure that any contact by your company is made in writing only to the above address. Telephone calls and personal visits will not be accepted and will be viewed as harassment. Yours faithfully, There's a thread at the top of the Debt Collection forum with info on how to deal with the phone harassment. I'm new at this myself but I'm sure someone more clued up will be along soon.

Ok, I've made a start There's a bit more that should go in there. My main concern is the acknowledgment of the debt. Do I need to quote case law? Really need some input on this.

Thanks for the replies. I'm kinda speed reading some of the defences posted on other threads to get an idea of what I'll need. The case has already called in court, i stated my intention to defend the claim on the grounds above. The Sheriff asked if I had an account as stated in the claim, which I have. The case is scheduled for a proof in July but the defence has to be in by Thursday. According to the Sheriff the burden is on me to show that the agreement cannot be enforced. Needless to say, I'm bricking it now.

some more info: The statement of claim http://i284.photobucket.com/albums/ll28/nameless_035/stateclaim.jpg The response to my cca request http://i284.photobucket.com/albums/ll28/nameless_035/Clydesdale-Mastercard-cca.jpg they also included a statement of account and the t&cs as required. Am I right thinking that this is not a properly executed agreement?

Hi all, first post and a bit of a desperate one. I am defending a claim in the Sheriff Court from Clydsedale bank for a mastercard debt. I have to submit a written defence by Thursday. I know this is a bit late but I have been without internet access for a few weeks. My defence is basically that the agreement/ application sent in response to my cca request is not enforceable as it does not meet the requirements of the act. Unfortunatly I had to acknowledge the debt in court so i'm not sure if this undermines my defence. I'll post more details shortly. Thanks in advance for the help