Clemma welcome back.

Yep, go with a CCA and seperate detailed SARequest.

If you have not read all the PPI sticky threads do that and then post again with a specific question. Obviously ignore this if you have already scoured the above the A- Z and the FAQ to be found on the front page.

Goldlady not you of course Dalmations are known for their intelligence and sang-froid. Yes, probably a bit too sweeping a generalisation about first timers, some are charming.

Send the CCA and Subject Access Request on Monday 1st class recorded. They may default you and you then have to follow a drawn out process to get the default removed - if you can, they may also have an agreement there are no guarantees with this route. Agree what you can actually afford in case they have an agreement, wait the full 12 working days after delivery, check via PO website or allow 5 days, send the second - this account is in dispute letter, then they will be commiting a civil offence with any enforcement action. One out of 5 has defaulted me since I started the process 11 weeks ago and I think that was chiefly because the company are particularly unpleasant Americans, after 6 months I may consider taking them to court to try and get it removed. Note if the account is new this route does not work as the legislation has been changed. Have a look at this http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html#post1747470 The FAQ's http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ A to Z Can't Find What You're Looking For? Here's A Complete A-z Index Statutes Library http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html Statutes Library http://www.consumeractiongroup.co.uk/forum/cases-library/ any of the other CAG libraries, and indeed some of the threads marked **WON**, or ongoing cases which have similarities to your own.

No, it got ammended

Yo, peeps. About 20% of the total claimed credited back to the OD account. Allocation questionnaire received on court case. Does this mean I am likely to get a stay in a few days or will I be able to proceed as Abbey have recognised my hardship by this payment. Thanks.

Scan in the agreement you have and post it up minus any personal info so you can get opinions. We like to see the goods!;¬) Start your reading here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html#post1005260, while waiting for opinions.

Yes, Tezza Especially this site, 32 scripts!

Bad luck, not a reasonable LL obviously. He has just stolen your money basically, he should have had the work done then asked for the money. Not my area but it seems like a criminal offence to me. Use the search facility to have a poke around the threads while you are waiting for a more fulsome response.

bump

Done a few, the site is great many people are just not up to the job of researching, so it gets a bit grim helping out dim / lazy people, who will keep coming back asking you to do all the work for them.

You need to do some serious reading. There is a link for the first CCAct request letter in this thread. Do enough reading and you will no longer be an idiot;¬) http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html#post1048109

If you did not sign anything nothing has changed, you have voluntary arrangement to make a reduced payment. Send the CCAct request agreement to coop and make a S.A.R using the comprehensive template. I recently got a totally unenforcebale new credit card front sheet from a coop SAR, with the admission that this was all they hold Nothing has been received from the original CCA request...

https://addons.mozilla.org/en-US/firefox/addon/1865 It really makes your day :¬)

If you reclaim charges and they do find an agreement a judge could decide that they were unlawful enrichment and perhaps use that as a reason to enforce a shaky agreement i.e. by taking the charges you are acknowledging a contract exists.

Just do nothing unless you want to start a court case or report them to the OFT, trading standards, FSA and FOS.

Modify this letter to suit and remember no signing. http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html#post1805429

Should have added this to my post. Read through these then pull something together: http://www.consumeractiongroup.co.uk/forum/guidance-notes/ http://www.consumeractiongroup.co.uk/forum/cases-library/ http://www.consumeractiongroup.co.uk/forum/statutes-library/ http://www.consumeractiongroup.co.uk/forum/bank-templates-library/111522-advanced-court-bundle.html#post1090641 and contact the site team if you are still stuck.

GARYH mentions in a sticky on the abbey bank sub site that a high court decision has made the breach strategy unusable for abbey. The link you posted for UTCCRs does not seem to link to your post.

Thanks for getting back to me Martin 30 30, yes I have pumped away at the hardship angle but got nothing back on that back from Abbey , so I filed a court claim, I used proof of income support as proof for fee remission on filing so the court must already know I am a hardship case. As I understood the situation, you plug away with letters pleading hardship until 8 weeks are up then go to FOS or file at court, which is what I did. Being a hardship case was not actually mentioned by me on the N1 (used the standard template), I will ring up the court tomorrow and ask.

Account opened in 97 does that mean a leaflet from that time forms the basis of the contract. If so then Nov 98 T and C state: (b) All debit card payments on your Instant Plus Account require authorisation and we will only authorise them if there are sufficient available funds on your Account. From 05/02/02 24.3 An unauthorised overdraft occurs if without our agreement you overdraw your Account or exceed the limit of an overdraft which we have agreed. If you overdraw your Account when we have not given you an overdraft you are in breach of these Conditions and must immediately pay sufficient money into your Account to put it into credit, taking account of any interest and charges you will have incurred. Similarly, if you exceed the limit of an overdraft which we have given you, you must immediately pay sufficient money into your Account to bring yourself within your overdraft limit. The first charge claimed is in 2001 so which T and C can be applied. Thanks for the very useful reply.

BW can you help. Defence received today from Abbey on breach of contract. Should I now withdraw after todays decision can you advise how to proceed. No stay arrived with the defence and I am a hardship case so perhaps none will arrive. Should I end the case and reclaim after the test case. Can I ask for a stay myself. Thanks http://www.consumeractiongroup.co.uk/forum/abbey-bank/179380-abbey-defence-received-help.html#post1934756

Defence received. As a sticky above suggests withdrawing from Abbey claims after a High Court decision on breach of contract can you advise how to proceed. I see from the recent threads some claims are going forward. Should I withdraw from the claim, no stay arrived with the defence and I am a hardship case so perhaps none will arrive. Should I end the case and reclaim after the test case. Thanks