Found this on another thread, shall I write back with this? Dear Sirs, Thank you for your letter dated nn/nn/nnnn. You have chosen to respond to my CCA request by providing a reconstituted agreement. While this may satisfy a CCA request, it is not enforceable in a court of law. I now request you to confirm that you actually hold a copy of the original signed agreement. If you do not hold an agreement, then I require you to confirm this, or if you do hold the original signed Agreement then I would ask for you to advise me in what form. I can think of no valid reason why you should provide a reconstituted version when you could have simply photocopied the original-if it exists. I would remind you that the OFT state that creditors should not imply or state that an enforceable agreement exists if that is not the case. I look forward to receiving your response within 14 days if I do not I will then consider the alleged debt to be unenforceable at that time.

Yes I am sure I had outstanding balance of £695 April 2006 and then a reduction in the balance to £549 in January 2007 so monies were being paid to them. What next?

I have just found an old credit report and the first payment made to cabot for this was April 2006 so there was not a clear 6 years between default and first payment made by debt management company. Do I still need to do SAR?

Excellent will send off in the morning will there be any further activity from them while this request is being carried out?

Cheers Harassed, in SAR letter do I need to make reference to reconstituted agreement they sent me ?

Cheers will do SAR, can you point me in direction of template for SAR? Also is best to send postal order?

My equifax credit report has a default date of 03/2001 precise date 06/03/2001 I do not have records of payments made by debt management company, shall I request these from Cabot considering they told me when last payment was made?

Afternoon All A litle help needed with Cabot have attached all relevant paperwork dealing with this I just need to know what to do next? The Carey case has got me slightly nervous about Reconstituted CCA's. A Brief History Ist Letter from Cabot came, I responded with Staute Barred, default fell off credit file 2006 (if I recall correctly) so responded with Staute Barred. Cabot response was 2nd letter informing me they had bought the account, no acknowledgement of staute barred status. They rang and I stupidly spoke to them and they said they received paymet sagainst the account back in July 2007 (I remember setting up payment through debt management company so it seems they must have got some of that payment) so staute barred probably won't work. After several phonecalls (which I noted times and days) I got speaking to a helpful (yes surprising to hear) supervisor who said that they had new system put in and that this account was in dispute but due to system change had gone back to collections, I then stated that I still dispute it on the basis that an original and signed CCA was never sent to me by Associates or Cabot, she said she would put case back into disputes. I thought great becasue I know they have not got a copy of original signed copy of CCA, but low and behold the reconstitued one came in post last week (2 copies of this) Help what do I do now?? Cheers

Received letter from Wescot yesterday stating that no further action will be atken regarding my account. They also sent back my 1.00 cheque. Get in!!Cheers for everyones help.

Basically there is a provision in data protection act (Section 22) that does not allow 3rd parties such as Experian and equifax to hold innacurate data about you. The process is as follows ask for original signed agreement if they fail to provide this then the accuracy of the default is questionable and inaccurate, what you can do then is write a letter stating that you have recieved some legal advice and because they hold no signed copy of the credit agreement they are contravening Section 22 of the Data Protection Act under the provision of inaccuracy of data. You can then request that creditor removes all inaccurate data they are holding or sharing (experian and equifax, callcredit). If they do not then threaten them with a complaint to the information commissioner. This worked for two of my defaults because they could not provide me with original signed credit agreements.

I shall give details later when I'm home as I need to go through the process.

cheers just printed one off and I will send tommorrow what happens if they don't send one back in 12 days?

all changed now do I cca Wescot?

Hiya All I would like some advice on what to do next after recieving FINAL NOTICE from Wescot today. Story so far is had one letter from Wescot demanding payment for £150.84 for an old Freemans account ten days ago. Now I know a little bit about credit agreements and back in 2006 successfully got a default removed from a file as they could not give me a signed copy of the credity agreement. Could someone please advise me on what to do next with Wescot? Many thanks in advance