Hi Citizenb, I guess if the bottom line is that they have not provided a valid agreement, you should do as you say. Write to the solicitor and outline the situation and leave it at that. Again, just guessing but you are within your rights to stop making payments until the original agreement is provided. As we all know the letters are normally standard responses designed to unnerve and frighten us. I would rspond with short sharp statements addressing each issue and basically tell em to do their worst. As long as you have your case laid out carefully I doubt they will have a leg to stand on and that ultimately a) they won't persue and b) if they do they will come off far worse than you! Best of luck, Sparkles

Hi, I agree with Pinky, only I would hit any who are pestering, loads of letters / telephone calls etc with the harrissment template letter as well. It worked for me, with one DCA not with the other, but should any of this get escalated, then a harrassment audit trail may be useful bargaining material... All the best, I hope none have agreements! Sparkles

Thanks guys, I'm gutted! I was looking forward to telling them where to go. I am amazed that prescribed terms can be so wooly! "Your credit limit will be somewhere between £500 and £2,500" "We may at our descretion change the rate of interest..." Aaagh. On my other card it is looking like Crap1 have doubled the interest rate since 2005...and I didn't even realise. My ex has been paying it off...as HE spent it! Only he just realised it is in MY name... Oh well se la vie. Thanks again everyone... Sparkles

Hi Dave, You were right, I needed to know which bits on that agreement just to be sure. Now that really IS bad news. It has taken a month to work out how to get these vultures off my back...and they come up with a valid agreement!!! Just my luck, B***ards! Anyway. Thank you for taking time to help. I really appreciate it. At least I know now. Forewarned is forearmed! Sparkles

Hi Fred, Your PC ois playing tricks, the second page of the 2 page document is the "Application" or credit agreement... Not sure which.

Thanks Dave, Bad news of course, but thanks for the second opinion. Can you tell me exactly where the prescribed terms are? I have another here from Crap1 and need to interpret. Thanks again. Sparkles

Sorry Dave do you mean the credit application or the credit agreement. The first was siogned by me, but I am not sure if it has prescribed terms. The Agreement (second 8 pager) was written this week and not signed by either of us? Is it the first that you think is enforceable...?

Yes...

Hi Fred, I erased all personal info, but only names, serial numbers, finance figures etc. Otherwise thats it. The secon I have literally only taken my present name and address off... Thanks for looking, much appreciated. Sparkles

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/151758-about-kick-off-halifax.html#post1619982 Would someone mind checking out a BOS credit agreement / application form for me. It has me a bit confused!! Sparkles

Any news??!! I am about to go through all this too! Sparkles

BOS CCA Reply.pdf BOS CCA Reply 1.pdf I am guessing that the first document is an application form and the second an unsigned credit agreement drawn up in the last few days. It is addressed to my present address which I have only lived at for a few months!! Could anyone point me towards a definitive thread that demonstrates that we can stop paying if there is no Credit Agreement? Thanks all... Sparkles x

Hi, I received a reply to my CCA request from BOS today. It "looks" like a properly executed agreement but I would value a second opinion! I will post up in a minute...it is a bit long!! Sparkles

Any comments from the moderators? Sparkles

Sent 3 letters to halifax regarding harassement. Thay have replied stating that they are really sorry for any inconvenience and have stopped all calls for the next 4 weeks. I have received 3-5 calls per day since then.

Thank you Goldlady, letter ammended, although I will say "for the fourth time I will only communicate in writing!!!" Sparkles

Hi, I am going to send this letter tomorrow, could someone give me some feedback please?

Hi, I have a Halifax CC which my (now) ex-husband forced me to take out. I used to use it for household expenses and had a debt on it that was paid from the joint account. To cut a long divorce story short, we separated 2 years ago and he stopped all payments to it in December and I started with CCCS in March. I sent CCA and S.A.R - (Subject Access Request) towards the end of June. I also sent a harassment letter a few days later as I was getting so many phone calls and I didn't want my daughters answering. All letters have stated I will only communicate in writing. The CCA 12+2 was up last Wednesday and I have had no reply. They replied to the harassment letter and I will post this up later on. The issue that I am having problems with is the S.A.R - (Subject Access Request). I received a huge envelope of computer printout statements yesterday, but I am at a loss as to how to interpret many of the pages. Can anyone help??? I am confused as to what the banks can charge. They have a large number of CASH ADVANCE CHARGES £3.25 or £2.00. Does anyone know what they are and if they are "fair"? LATE FEES £12.00 They don't add up to that much (I haven't added them up yet). The situation at the moment is that they have answered the harassment complaint very poorly. There are contradictions, problems with the truth and other inconsistencies. They sign off "rest assured that all calls have now been stopped for 4 weeks. I have had 3 calls today!!!!!! Aaaggghhhh I have been overloaded with information on here, but I feel so much more empowered. I am looking forward to dealing with this, although it seems to be taking over my life at the moment. Any help / suggestions would be most welcome. Sparkles

Should I be writing a LBA and getting prepared for Court? Help...

Hi BB, Thanks for the reply. I am recording EVERYTHING...it is so timeconsuming but I am keeping with it. I am planning to write to them and tell them that this is not an original agreement etc...will post the letter later I hope and just let them know that they have another ????? days before they are committing an offence. Is there anything else I should be doing at this stage? Sparkles

Thanks CCM, I agree totally. I have been reading a lot of threads and HAvinastella documents responses to all the nonsense letters. I think that if this is to go to court eventually I should keep an audit of replying to them. What do you think?

Hi Everyone, Thanks again for all the help and support. I thought I had better check that the document they sent is unenforceable as I would like to reply to them about it. Cap1 credit agreement 1.pdf Could someone take a look and let me know what I should do now? PS there was no leaflet enclosed! They are useless.... Sparkles

Thanks guys, much appreciated. Can anyone point me in the right direction regarding the 12+2 nd 30 calandar day rules. Is this in the Consumer Credit Act somewhere. I need some peace of mind, or it will be another nervous 30 days... Sparkles

Hi Scampjet, Thank you for the last message, it is really helpful to get this support, I can't thank you all enough. Just a quick update. I received a letter from Crap One today:- TERMS OF YOUR CAPITAL ONE CREDIT CARD AGREEMENT Thank you for your recent request. Please see overleaf for the current terms of your agreement with us. For the rest of your terms and conditions, please see the enclosed leaflet (there was no leaflet!!) If you have any further queries about the acount (you bet I do!!) please call our Customer Services Department on the number below (I don't think so!). Yours sincerely, Blah Blah On the back is the current terms and conditions. Interestingly on the back it states in the small print: 'The Credit Consumer Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not then we cannot enforce this agreement without getting a court order" Obviously this is not the original agreement. So...what should I do next? The 12+2 days was up yesterday. Any suggestions please??? Sparkles

Sparkles