just wondered how you got on with this?

Hi, do not want to confuse matters here, but a creditor took my overdraft to court.... the judge said that without an agreement she could not enforce..... she refused to accept statements... apparently from what I can gather, overdrafts are not covered buy the 1974 consumer credit act and therefore no agreement would be made to cover and if no agreement, then a court of law cannot rule.. i am not a solicitor but am going on what happened with me... hope this helps.

hey, been through the same with Phoenix recoveries - three times - they are now trying a fourth.... three different judges have told them to leave their court room due to no proof of debt..... ie - the law states, no credit agreement - no debt..... even bank statements were not taken as evidence of debt.... they need that credit agreement! cant say too much on here, but never give them your signature and if you do, double check that their copy of the agreement matches yours... if it does not, then it becomes a criminal matter.... i am not a solicitor, but am speaking from experience.... any credit agreement must be a true copy.... if it is not, one has to ask why? my theory is, why fabricate a copy? is it because they do not have the original? I cannot see any other reason why....

Hello Stuart, I am not a solicitor but have been dragged through the courts three times now with debt collection agencies who cannot provide TRUE copies of the original agreements. I have seen three different judges on four different occasions over three debts. Each judge says the same, no agreement, no case! you must write to them asking for them to provide a true copy of the original credit agreement under consumer credit act 1974. Point out to them that if they do not give you this within twelve days there is no case and within twenty eight days they can be prosecuted. YOU MUST enclose £1 statutory fee (they can argue in court that they have not received this and it will adjourn things - so it is best to send it). Also check the things they are sending through.... do signatures match your copy? do credit agreement number tally? have they got the right agreement? The loan number must match yours - your current account number is NOT a loan number and they must have this.... To answer your questions: a) yes the letter is correct! i took it into one of my cases and won on their points. b) Your girlfriend could write to Lloyds and see what they say... c) Interest that they are applying will not have to be paid without an agreement. How do you know the rates you signed up to without this? you will not, and, therefore, my understanding is that it is unenforceable. In fact, one judge told me to stop paying totally until an agreement comes into play. Hope this helps.

just to continue with this...... i was in court today and I won the case.... i am not a solicitor, but it seems that solicitors are so bogged down with the amount of work on they cannot take cases they know that they would win.... so my advice is chin up and although you may feel very upset, keep fighting..

Hi, i am a newcomer and have been reading your forum with great enthusiasm. My story though, does not seem to be on here as such and I would love any advice on this: Back in March, I sent a CCA request to a DCA when they sent me a stat demand for my bankruptcy. The case was set aside in May as they did not provide the documentation. In August, I opened a letter from the same DCA. This time a scanned document with what was supposed to be my signature was on it. I checked my copy of the agreement. There are ELEVEN discrepancies - including the bank managers signature and my signature not being a true match. I reported this to the police and to the original creditor, who then resent a copy of the agreement - it is a famous high street bank. Their copy matched the DCAs! So, this bank has been forging my signature! In addition to this, the agreement number they have sent through does not match the number on the account they want to make me bankrupt for. Surely these DCA's and banks cannot get away with this? I am in court on Monday to get this set aside.... am really nervous about it but am hoping the judge will see things my way. Anyone any thoughts?