Isn't there something about if you're on benefits they shouldn't have made any charges, and you don't have to wait for the OFT case to finish before you can claim back any charges.

Can you claim card charges back that were added to a debt whilst on benefit. I think I saw a thread about this once before but I can't find it. If someone could post a link to the thread I would be grateful. Could anyone advise about benefits and charges. Thanks

Hi all, I have a few creditors, a mixture of DCA's and OC's. I've CCA'd them all and have received a few replies, nothing I've received is remotely like an enforceable agreement. All cards were taken out pre 2004. My situation is this, I'm out of work and on incapacity benefit, I live in rented accommodation and I have no worthwhile assets. I'm thinking of treading softly at the moment by writing to them and commenting that it looks like they will struggle to enforce any agreement through the courts. Also that I have no disposable income to pay them with anyway, and I'd like to ask them if they would consider writing off the whole debt. Any ideas or suggestions as to how I should word the letter, also any other suggestions as to how I should procede in my situation. Many thanks.

If a CCA has the prescribed terms but has no date on it and there is no signature from either side, is it enforceable? Thanks

I have a personal loan from Tesco from about 2001. I was just wondering if I CCA them, what are the chances of them producing an enforceable CCA? Has anyone else CCA'd them, what were the results? Thanks

Well I've had my day in court, it was a pleasure to see the claimants solicitor squirming and writing furiously when I told the judge the house is rented. I just have to carry on with the £7/mth payments. I asked the judge if I could have the CCJ set-aside on the grounds of, having previously admitted the full amount of the debt, I now disagree with the amount of the debt. I had asked the creditor, pre-admission to supply me with a calculation of how the debt added up, they failed to supply this and I stupidly ended up admitting the whole debt. How do I apply for a set-aside and have I any chance of getting one? Thanks

Am I correct in thinking that when you sign a credit agreement you are giving the lender written permission to make entries with credit reference agencies if you default on your account. Am I also correct in thinking if the credit agreement can’t be found then the lender has no right to put entries on your credit file, and any they have already put on should be removed ASAP. If the above is correct is it right to think that the credit reference agencies should check that the lender has a signed agreement before they allow any entries to be made. If they should check but don’t, surely they are negligent and should remove any entries, without you having to persuade the lender to remove them. What I’m asking is, is it worth approaching the credit reference agencies to get unwarranted/unlawful entries removed. Thanks

Thanks 42man, that's the one.

Hi all, I was reading a thread the other day, and in it was a quote from the author of the 1974 Consumer Credit Act. Trouble is I can't find it again. Could someone who knows where the thread is please post a link to it. Thanks

I always thought gambling debts weren't recoverable.

Thanks for the offer Jeff, but I'm sorted in that area. I'm just amazed that they are taking me to court for a charging order when I've already told them that I live in a rented house. I'm probably just paranoid, but I can't help thinking, they can't be that stupid they must have something up their sleeve. Anyway I'll find out next week.

Hi site team, yes my redetermination thread is about the same hearing.

A creditor has asked for a redetermination hearing, and I've got to go to court at the end of this month. In the creditors letter to the court it says that if I continue to pay the debt at the rate the judge ruled, it will take over 100 years to pay it off. So they are asking for a charging order. The problem is I live in a rented house, I have informed them of this fact. What should I do, a)Say nothing and let them make a fool of themselves in court, b) phone them up and tell them thus maybe saving me a court appearance c)any other suggestions. Thanks

I’ve noticed a lot of threads on here where the OC or the DCA fail to supply an enforceable CCA. Then the poster gets advice like, send this letter, or that letter or the other letter. Apart from enjoying getting into a war of words, why would you send anything? If you send long winded letters full of legal jargon saying what your rights are and what their obligations are surely you are just forewarning them as to what you are going to rely on in court. Wouldn’t it be better to just pretend you are an idiot, then surprise them, with your arguments, if it gets to court . What do others think?

Surely the council can't ask for rent from you while they were being paid by another tenant

If an account is defaulted and or terminated, does this have any effect if the debtor tries to go down the CCA route? Thanks

You could do...............:rolleye s: What does that mean?

I'm only a newbie so others obviously know a lot more than me, but. If they have sent you a fabricated agreement, wouldn't it be an idea to say nothing until they take you to court, assuming they have the balls to go that far.

If a disputed so called debt is passed to a collections agency, has any laws or regulations been broke? If so which ones and what can I do about it. Many thanks

Who is it best to send a CCA request to, the DCA, OC or both? Thanks

Can a signed booking form with the booking conditions on the back, be construed as a credit agreement.

Thanks for the replies. I’ve now got hold of the signed booking form. Under the signature box is the event organisers address, which is in Preston. There is nothing on the form to say it was signed out of the UK. How does that effect us? The booking conditions are on the back and there is no mention of a cooling off period, does that make it invalid? Also on the booking conditions it says that, you will receive an invoice with all the booking details within 4 weeks of paying the deposit. It has been 10 weeks and we haven’t received it. On the booking form it states that, the balance must be paid by the contracted final payment date, there is nothing on the form to say when that date is. Can this be interpreted that we have forever to pay the balance? The printing on the form is so small if I scanned it and posted it no one would be able to read it. Any input would be appreciated.

Sorry to be a bit dim, but what does AQ mean?

£5 on it's way

One of the other kids has a terms and conditions, and sure enough it says that if you cancel you have to pay in full. Does it make any difference signing these agreements abroad whilst drunk? Looks like she'll have to pay, it just makes my blood boil that they can prey on drunks.