Can I just query something. I've shown my CCA (its an application form) to several people. All say the terms and conditions are quite illegible - they're in tiny print (I'd scan it and put up but I can't find anyone I know with a scanner). I've admitted the debt (to Stevens Drake), BUT will the illegibility of the MBNA CCA now nullify all potential action? Just wondering. Its a bit retrospective I know,but thought it prudent to enquire.

Will try re the scanner. Seemingly a bit of it going around by the way.. (Fraud) on application for credit card - bankruptcy : Bankruptcy Technical Questions Just to add this for anyone (for future reference)... Bankruptcy restriction orders Under the Enterprise Act you will usually be discharged from bankruptcy after one year. New rules have been brought in that give the court power to make a Bankruptcy Restriction Order against you if the Official Receiver feels your behaviour has been dishonest in some way or there has been "unfit" conduct. A Bankruptcy Restriction Order can last for between 2 and 15 years and will appear on a public register. If you break the order it can be a criminal offence. Unfit conduct can include: Not keeping proper accounts for your business in the two years before you go bankrupt Gambling Trading whilst you knew you couldn't pay your debts Taking out credit which you knew you couldn't pay Giving away your assets to avoid them being included in the bankruptcy Paying some creditors over others Failing to co-operate with the Official Receiver Concealing property from the Official Receiver. A Bankruptcy Restriction Order means you are not allowed to: Apply for credit over £500 without telling the lender about the order Become an MP or local councillor Be a director of a company or form a new company without permission Be an Insolvency Practitioner. A Bankruptcy Restriction Order does not stop the Official Receiver from taking criminal proceedings for an offence such as selling goods you have on a hire purchase agreement or putting false information on a loan application.

Unfortunately, I don't have a scanner or I would. Its basically an MBNA 'application form' (from July 2004) with some terms and conditions in very small print down one left hand column. Not under medication. Just under extreme stress and not thinking at all clearly. I never intended to cut and run with the monies (always intended to pay back - bit of a crap fraud if I didn't - accordingly I wouldn't think it was technically 'theft'), it just didn't work out that way. I'd still pay it back if I could. Re Rameses, why do people get a Bankruptcy Restriction Order for suchlike and not just get pursued criminally for theft or fraud when they do this or similar? What is the point of a BRO then? Just wondering.

RE any CCA, Stevens Drake provided me with a one page copy of the MBNA CC application form, signed by myself. After receiving this I started corresponding with them over the debt - I'm assuming I've admitted liability?

It involved more than ticking a box - think I used the wording 'owner' (unfortunately). In my defense I was doing the customary robbing Peter to pay Paul and at my wits end.

Would all this apply even if I've admitted the debt. I'm thinking if I play hardball with them they can hold the Police over my head as a final resort.

Yes. It was an MBNA one, but now admitted. The fact that Steven's Drake had access to it gave them so ammo it seems. I'm inclined to offer them £1 a month and then a final settlement (when I can afford) of a small percentage. Hopefully that will be perceived as better than nothing. I'm certainty not going to admit anything re 'Fraud' in writing. That would be a bit silly.

I would imagine the DCA and their solicitors will (hopefully) realise that if this goes to court they end up with nothing. Problem is I'm not in a position to offer them anything at present _ no job/income, property, assets. I have already provided the necessary planner (Steven's Drake didn't like and started digging hence this). I agree re keeping it out of Court. I'm not too bothered by Civil (I have nothing to attach), but Criminal is another matter (i.e. Custodial sentence).

I think the facts are pretty clear. Said I owned a property when i didn't - they've checked with the Land Registry. Bit black and white. Wasn't a genuine error. They've asked for an explanation. Not sure whether I should say its 'a fair cop' and face the medicine (would they inform the Police on this one if push came to shove, even though it would effectively negate any chance of they're recovering any monies?), or try and cut a deal (offer a £1 a month and then a much reduced settlement in due course)? That said they could still 'dob me in' out of vindictiveness I suppose even if I did that.

I'm in a bit of a bind. I was in a very sticky situation a few years ago and 'lied' on a credit card application form - said I owned a property (relatives) when I didn't. My financial situation has got progressively worse resulting in said debt being sold on (MBNA to Arrow Global). The latter have now become aware of this situation and aren't best pleased. They now want 'an explanation before they decide what course of action they should take further'. Obviously, they can't access any funds in said property, but I'm thinking worst scenario they could make this criminal re 'Obtaining pecuniary advantage by deception'. StevensDrake (Arrows Solicitors) seem to be playing hard ball on this. I'm not in any position to 'buy myself out of this'. Nor can I go bankrupt. Any suggestions other than getting some legal advice on this (I will do of course)? Should I suggest to them that if they do the above it will result in their getting nothing, so they're best advised to wait for me to be in a position to pay? Will that cut any ice? Suggestions would be much appreciated.

Yes I've decided to send it back as suggested above. If they return it again, then I've effectively done all I can do.

Having had a scan through previous Cabot threads earlier this morning this is my concern. That by accepting the PO return with out protest I am effectively (as suggested) accepting their position. GP

Agreed. I'll sit tight. Thanks to all for the advice. GP

Hi, Thanks. Cabot's was quite a confusing reply: 1. They state they are not obliged to provide the information. 2. Have passed the buck back to the original lender (will that include a 'deed of assignment'?) 3. Then state 'WE anticipate we will be able to provide this information within 12 days'. Just wondering. Should I 'insist' they accept the P.O. for this? By them not doing so, does it get them out of their responsibility re the CCA?

Cabot wrote to me on 25th March 2008 informing me that they had 'recently bought the account I held with Goldfish Bank', and requested payment. I naturally wrote back with the 'standard letter' and postal order requesting proof of under s77/78 of the CCA 1974. I've just received a letter back where they inform me 'The Cabot Financial Group is not obliged to provide this information but we are pleased to help and have requested the documentation for you from the original lender'. The have also returned the postal order. The seems against the CCA. Just wondering what I should do here? I naturally haven't admitted the debt.