I sent the following letter, can you tell me what you think? so far i have no reply just calls every day they say they sent me the agreement but is infact a copy of the application form hence the letter below that i have sent them. Dear Sir/Madam, Account Reference Request for true copy of alleged Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974 I wrote to you recently requesting a true, signed copy of any alleged credit agreement that exists in relation to the above account. This is my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Both of these deadlines have now passed and I have not received a credit agreement but a copy of an application form. This can lead me to only one conclusion, that no signed credit agreement exists in relation to this account. As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking. I would like to draw your attention to the fact that a copy of an application that you sent me does not constitute a valid credit agreement which is regulated by the CCA and you will not be able to enforce an application form as a credit agreement, and you have not complied with the relevant obligations. On the advice of the Financial Ombudsman, I am now requesting a final decision in this matter from you. Should this decision not meet with my satisfaction, then I will pursue the matter through the Ombudsman. The maximum timescale for you to give a final response to any complaint is 8 weeks. This time runs from the date of my original complaint, in this case that is the request for a true copy of the credit agreement. Therefore, you should have provided me with a final response in this matter that addresses the lack of credit agreement, including your proposed actions for this account, by Please note, you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’ you must outline your reasoning in this matter and state upon which legislation this reasoning depends. There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data. Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies: o You may not demand any payment on this account, nor am I obliged to offer any payment to you. o You may not add any further interest or charges to this account. o You may not pass this account to any third party. o You may not register any information in respect of this account with any of the credit reference agencies. o You may not issue a default notice related to this account. Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no agreement, as in this case, then you cannot issue a default as I have not breached any valid, regulated agreement. I look forward to your final decision on this complaint within 21 days. This should include your proposed actions in relation to the lack of a credit agreement. Yours faithfully

ok hope you can see this ok. I requested a copy of the agreement from Cabot and they sent copy of the application form, which says credit agreement regulated by the consumer credit act 1974 but dont think is the actual agreement??? would like to know if this is enforcable or what i should do Thanks

Hi i have attached the application that cabot sent me can you tell if it is enforcable and what i should do next Thanks leslie

hi i will get a scan of the agreement and post asap

The original creditor was Morgan Stanley dated 9th jan 2000

I sent a CCA request letter to Cabot Financial on the 4th of june, they replied on the 9th june to say that they have requested the information from the original lender. Then another two letters on the 23rd june and the 15 July, the first saying that they have made several requests but not received the information and the July letter stated that they have been unable to supply the information within the relevant time period. Then i got a letter dated the 24 july with the agreement enclosed and now they are requesting payment, can they still chase me for the debt as it has been longer than the time set out by the CCA? ANY ADVICE WILL BE APPRECIATED Thanks Leslie

Hello, I left my job in september 2008 while pay negotiations were going on and i even worked on a strike day! now they have agreed a pay rise but say that anyone who resigned or was dismissed will not be entitled to receive the pay rise backdated to April 2008, in previous years this was not the case, you could have left but were still entitled to get the money. There has been an employee who was sacked yet received the money, perhaps it was a mistake on their part the payroll manager says that she will not be able to give me anything in writing to confirm this condition as part of the pay award. Can anyone advise if they can do this as i really want to have the pay. Thanks Rob