Thanks for you reply. I sent that letter to them a week ago and this morning I received this repsonse. Dear Mrs Awkward I refer to your recent correspondence in which you have advised that you believe this debt to be in dispute and unenforceable. Our position remains that their client has fulfilled their obligations under the Consumer Credit Act 1974 when we provided you with a true copy of your credit agreement on 17th June 20078. The correct interpretation as to “copy” requires reference to Section 189 (for the definition of copy) and secondly to Section 180 relating to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (“the Regulations”). Section 3 (1) of the Regulations confirms that …”every copy of the executed agreement…shall be a true copy thereof…” Section 3 (2) advises that a “true copy” need not include the items listed at sub sections (a) to (d) as applicable. Subsections (a) and (b) are particularly relevant in this respect. These sections confirm that non statutory information included for the creditors own benefit and signature boxes need not be included in the true copy. Based on this analysis, it is accepted as a matter of good law that a “copy” for the purposes of Section 78 of the Consumer Credit Act 1974 need not be an exact copy or photocopy, as long as the true copy that is provided contains every material provision of the agreement which was signed. We will continue to take our clients instructions in respect of this debt, Studio cards and Gifts will continue to seek payment of the outstanding balance of this account in the absence of any evidence to suggest that you did not order and/or receive the goods delivered. I would also once again confirm that even if an agreement was deemed to be unenforceable, that would not make the agreement illegal or void, and monies owing would still be due. I trust this clarifies our position on this matter. Can anyone give me any advice as to what I should send back next? I'm wondering if they've screwed up in paragraph 3 where they say " as long as the true copy that is provided contains every material provision of the agreement which was signed". The obvious point being that I havent signed anything! Any letters or advice appreciated!

Hi all In light of the admission from Anglian Water that the tap water in Northamptonshire and Daventry is unsafe due to cryptosporidium (sp), it finally made sense why both my 2 year old daughter and myself have been suffering with vomiting and diarrhoea for the past 48 hours. Following the announcement I went out this morning and purchased as much bottled water as I could, along with most of Northamptonshire it would seem! What I would like to know is can I claim the cost of the bottled water back from them and is there any way of claiming anything from them over the fact that my daughter and I have been ill? My husband had to take time off work to care for my daughter as I was too ill to do so for two days. Seems ridiculous to me that we pay a water bill yet something like this happens, I would also stick my neck out and say that this bug has been in the water for more than 5 days too. Any thoughts or comments appreciated!

Hi all I originally CCA'd Studio cards in September 2007, I got all the usual replies and trading statements as they dont have a signed CCA, I waited the required time and then sent them a non-compliance letter which got no response. I have heard nothing from them since October 2007 until a week ago I received a letter from Lewis Debt Recovery demanding all the monies owed. I then sent them a recorded delivery CCA request, to which I received the standard reply in which it states "I have been in touch with our client and would advise that the signed agreement is not available for this account" blah blah blah plus a blank credit agreement and copies of the trading statements. Could someone please clarify what I should do next? Do I deal with them the same way as I did Studio, as in, wait my time and then non-compliance them? I was also wondering, on the bottom of their letter it states "The additional terms and conditions of the account stipulate that the account can be passed to a third party. When you signed the agreement you indicated that you agreed to the terms and conditions of the account." Well as I have never signed an agreement surely I havent agreed to my details being passed to anyone which, as they have now done so, surely is breaking a law??? I appreciate all advice and comments. Emma