As far as I know the SD and BP must be personally served and they must check that you reside at that address so if they didn't personally serve either of these then you would have plenty of ammo!

Have checked the APR using Dualcalc and it looks OK. It does mention T&C's overleaf so have sent a letter saying they have supplied those. I also asked them to confirm if they have the original or if it a digital copy. If its a digital copy then they must prove compliance with BSI DISC PD0008:2004 – Legal Admissibility and Evidential Weight of Information Stored Electronically (thanks rory!) so we will see waht comes back!

Does anyone know a good site/spreadsheet to check the APR???

and Trading Standards

Has photobucket changed. I have made the image bigger but it seems to restrict the size now??? Try the link again

Recieved a letter from the Co-op yesterday after I complained about the lack of agreements. They say they sent the stuff out but don't know why I didn't get it so they have sent it again!! The NR credit card that they took over has only an application form with none of the prescibed terms so that good news and there are charges on the account. The Smile loan has an agreement which looks enforcable except that it mentions t&c's overleaf which haven't been included. http://i281.photobucket.com/albums/kk222/Tartan_Barty/SmileCCA.jpg Can anyone see anything wrong with it???

Thanks midge61, I have sent off a SAR and am waiting for the info back but that gives me hope!!!

That is a shame as I am running out of ammo!!!!

Yes both of them

....I have CCA'd 1 DCA and 1 OC for unsecured personal loans both have sent agreements which would appear enforceable....but Both statements show that even with 7 or 8 returned DD's no charges have been added. In the case of the DCA no charges seem to have been made by the OC and the DCA hasn't added a penny. This can't be right can it. Do personal loan lenders (Smile and NR) add charges for returned DD's???

I'm with you there 42man.....TS are looking into the very same thing except mine weren't post dated and the person who supposedly signed the letter has been on maternity leave for 9 months!!!!

This is what they said to me. When pushed they sent out a letter from the OC which was suspect, and then a welcome letter from them 2.5 years after they took over the account. Just keep sending them this Edit to suit, and send it to them after everything they send to you....annoys the hell out of them. If they ring refuse to answer the security questions and then when they ask why tell them that they have failed to comply with your CCA request. You can almost guarrentee that they will breach the DPA and start telling you how they have complied. So predictable.....t****rs

Right then....I have had another letter through from SLC saying I must pay the balance off in 7 days as my repayments should have finished in Mar 08. To date they have sent me 4 PC scanned copies of agreements; 3 not signed by them and 1 signed by both parties. They have not provided a statement of account, merely stating the balance, charges and the total due. So do I write to them and tell them the account is still in dispute??? I have 4 defaults on my CF which all disappear in 2010, I would prefer not to get another one now but guess that if they did default me then it would be invalid due to the charges. I am still paying them the amounts I offered in Jan 08 so what is the best course of action??

Wonderful! All clear in my head now

The electronic proof can take a week to show so just keep checking. Print the page off that says it has been delivered and file it with a copy of the CCA request letter and the SD receipt if you still have it. They now have 12 working days form the day after they received it (to be on the safe side) Whether they acknowlegde it or not the clock is ticking. Don't speak to them on the phone and just sit back. If they do send anything that resembles an agreement through, scan it and post it up so other members can advise whether they believe it is enforceable. Good luck!

So a DCA that has been sent a electronic copy of the agreement from the OC can't use that in court unless they can prove that the OC has complied with BSI DISC PD0008:2004 and that they themselves has complied with it? And I guess that if the OC sends a photocopy and the DCA scans it in then they would have to comply? Unless the OC gives the DCA the original agreement. Am I understanding this right??? So I am clear, what would happen if the OC had photocopied the agreement and then lost the original. WOuld they be able to use the photocopy? (PS thanks for explaining this! much appreciated)

So why does everyone on here go on about DCA/OC's having to produce the real thing in court. Surely they can just have a copy and prove that the original existed???

Excellent info....although I do feel a little disappointed! Is it the same in Englandshire???

Thanks Tiglet and Rory So even if 3 are not signed by them and they are computer generated and not photocopies, they are still likely to be enforcable???

I CCA'd the SLC in April and they replied within the 12 working days. They have sent through copies of the 4 agreements (1992, 93, 94 and 95) that I have. All have the prescibed terms BUT.... 3 are not signed by the SLC and 1 is signed by both parties. I read on another thread that during this period they scanned in the originals and then binned them. The copies I have are all printed from a PC and not photo-copies. They have not send me a statement of account for any of them. Do they need the original agreement if they take me to court???

Many thanks 42, so basically the CCA and SAR are 2 separate things regardless of any overlap? This what I asked for in the SAR I only got 2 things through, and none of the stuff that formed there pitiful response to my CCA request was in it. Do I go to the information commissioner???

Right I have sent a certain creditor a CCA request and a SAR request (several months apart). They haven't yet complied with the CCA request and I recently received some information through which they claim is the SAR results. Some of the information they have sent for the CCA request isn't in the SAR request yet does contain my personal information. Can they state that the stuff they sent through for the CCA is also part of the SAR or do they have to send everything twice where duplicated by the different acts???

You may wish to ring Barclaycard and ask for the main switchboard. Ring that number and ask to speak to the person that allegedly signed that letter. If you do manage to speak to them; assuming that they have not left the company, been on materity leave for 7 months (), get them to confirm that they sent the letter. You never know what you may find out. Then go to TS toot suite!!!

Flamer I have just received the same letter from Northern Rock!!! I would suggest you give Consumer Direct (trading Standards) a ring and tell them that you don't believe your letter is from Barclaycard. They are very interested in cases of Fraud

TS contacted and will call back to investigate next week, scales tipped, much obliged