Im not sure about it superseding a Court Judgement. But did you go down the CCA route with this? Is there any reason where you could justify getting the Judgement set aside? If so, You may then be in a good position to offer F&F.

Hi need some advice please. Did a s78 cca request for the OH's Halifax credit card a couple of weeks ago and they replied with 'a reconstituted version of the executed agreement comprising bothe the original and currecnt terms and conditions (these were printed seperate sheets) and a copy of the original signed application form together with a signed statement of account'. I am aware that they have satified their obligation as they have provided 'a' copy, however, it does not include any of the prescribed terms ie. Credit Limit, Repayment schedule, Lenders signature. The agreement was made Sept 06. What should be my response? Should I SAR so that they have to provide the actual true signed copy? Advice would be greatly appreciated.

Have done them today, was waiting to see if anymore cheques got cashed but with the bank holiday, don't suppose there would be anyway. the majority have been cashed now, just the odd few that im not to worried about as small amounts and totally unenforceable, but will let you know their reponses as I get them. Thanks for your help.

Dont use a template, do your own and always state 'without admission of liability to the amount claimed'.

He keeps reading case law & gets more confused by it I think. I think the leading case under these circumstances is Hirachand Punamchand v Temple and as far as I am aware, (although you may correct me) the ruling for this still applies today or is there a more recent example?

About £55k For the unenforceable ones I started off at 15% and they refused and then I reduced it to 5% because I thought I could just ignore it and they couldnt enforce it, however it wouldnt stop them chasing and being passed from one DCA to another, so decided to offer very low settlements and if they accepted would get them off my case forever.

Before you do have you tried bartering it down further? They must think the CCA is dodgy otherwise you'd be at court by now Im sure, but as you told me once previously, an out of court settlement could still be made prior to any judgement. I think it just depends wether as you say you want to settle for a quiet life with a figure You are happy with or fight it all the way because you know you are in a good position with regards to enforceability.

Depends on whether you are happy taking that offer. If you are then take it but demand they clean up your credit file, to show paid in full and account balance £0. However, arent most of the lawyers they use 'in house', if they thought they could take you to court for this debt, wouldnt they have done that by now?

5 cashed yesterday, another 4 today!!!

they did reply but only after it was too late

Thank you all for your replies. Not really BD, The Mould has advised me every step of the way with this, its his brainchild really. Puts my mind at rest though. The OH is alot more cynical than me but given the facts infront of him it looks like we are in a good position to think up a suitably worded reponse to this creditor, using the facts The Mould has very kindly stated and politely telling them to now write off the balance & clean up my credit file - one down, 13 to go!!!

Thanks BD, no it was a cheque from my father and wrote on the back that it was FULL & Final Settlement.

Ok, can state case law to them - but is that really all i have do now?

First rejection letter received - although they have kept cheque. My letter clearly stated that to be banked only if agreeing to my terms and chque was to be returned if not???

Just a quick update, have sent the first batch of Full & Final settlement offers with cheque today recorded delivery. Will update again when I receive any responses.

basically just said that they were following up on a discussion I had with a colleague on 6th May. Decided not to phone anyway, think its best to keep everything in writing.....

Just got a recorded message from Solicitors on behalf of the overdraft debt following up on a discussion I had with them on 6th May regarding Full & Final settlement of the account. I dont know whetehr to ring them back and tell them that i have sent a cheque and full and final settlement letter to them recorded delivery today - or is that a bad idea?

Hi BD, I think the Mould pm'd me some important info so that possible 'prying eyes' would not pick up on it, but appreciate what your saying, as from reading other relevant threads I've learned loads! So will endeavour to post up what I can.

Thanks Mould. My Oh is panicking now that we may have scuppered our chances of settling this out of court by following the Templated letters as advised by National Debtline... Will be online tommorrow also, will await your reply. Thank you for your help.

Hi Mould have read your pm thank you. The F&F letters I sent were taken from the National Debtline and from researching F&F on the internet, it would appear to be the standard template that is used, perhaps it should be adapted then if you are dealing in unenforceable credit agreements. Your help in drafting a letter would be gratefully appreciated, I read Johno23's thread with interest and hope for a similar success. Is there case law on cashing a cheque if all the terms are set out in the accompanying letter? Will have a look around to see what I can find.

Thanks Mould, I have received some of the agreements previously from SAR'ing the OC, but these were either application forms, or had important info missing like the credit limit, apr, my signature etc. As they are all circa. 2003-2005 so pre April 2007 I thought they had to have the correct prescribed terms and conditions on the body of the agreement to make it enforceable?

Thanks for the replies. I know what you mean The Mould, I nicked some of the wording from letter templates regarding non receipt of CCA requests, but can see how it contradicts itself. Will have alook at your post for Jono23, here is the contents of my offer letter. "I write with reference to the money which you are claiming on the above account.I can confirm that I am unable to offer to pay the money which I owe in full, due to being in financial difficulty, furthermore following my requests you and Lloyds have failed to supply me with a compliant true and certified copy of the Consumer Credit Agreement for this account which therefore renders this account unenforceable at law. However, with the help of a family member I can raise £1500.46 and I want to offer this an ex-gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released for any liability. I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full and any default notices be removed due to the ‘disputed’ status of this account. Payment can be made by the 30th July 2010 and would request receiving your written agreement of this offer and method of payment. I look forward to receiving your reply". As I have approx 10 replies, it may take a bit of time to post them all up, but basically all say thanks for your offer but we are unable to accept and ask that you contact us to make alternative arrangements and should I fail to respond within 7 days they may instruct solicitors to pursue/ take further action. I included a spreadsheet showing all my debts and how each debt was pro-rated using the lump sum I had available with each one of my F&F letters, so each creditor could see that it had been distributed fairly...

I know - thank goodness, because he was quite prepared to put the house up on the market and pay them all off in full.... Do you think my letter is sufficient? I have searched the internet for a follow up letter to a F&F refusal & can't find anything??

Ok finally persuaded OH that the National Debtline, although offers good advice will not tell you about the 'legal loopholes' which you can explore to your advantage. He is prepared to go down reclaiming routes, but would prefer a very low short settlement if at all possible, so to those taht we already offered very low full & finals too and that are in default of a CCA request so unenforceable anyway, he wants to play hardball (now he's getting it) and send a follow up letter to them in the interim. Would this be sufficient: "I note that you have refused my Full & Final settlement offer in settlement of this alleged debt and would like to draw your attention to the following. Both you (DCA) and OC are in default of my request for a true signed copy of the CCA pursuant to s78 of the Consumer Credit Act 1974 and whilst the default continues you (DCA) or OC are not entitled to enforce any part of this alleged agreement and therefore your threats of legal action are futile. I believe my offer is reasonable based on the unlawful charges and associated interest that has been added while the account has been in dispute and my current circumstances. This offer was made on the clear understanding that once accepted it cleared me from any further liability, that neither you, OC or any other 3rd party would pursue me for the balnce which would be written off and my credit files updated accordingly as adverse data should legally never have been entered due to the disputed status of this debt. Furthermore, my relative will only release these funds providing the above conditions are met and as it is their money there is no further room for negotiation. My offer of £xxxxx still stands, however be advised that after 30th July 2010 it will be withdrawn. Comments would be appreciated.....

Thanks again BD - I know i must be a pain in the bum. What is the Glasgow Sheriff Court Case - is there something on here about it???