So does this affect all claims??? Not certain of what to make of the judgement and how to interpret it

Many thanks for your reply unmoderate...I will report back later this evening on what the actual letter detailed from the original CCA request. Maybe somebody can advise me from there on what course of action to take???

Count me in like flynn!

subbing and Jon888999...I sent off long ago to LTSB for my girlfriends overdraft CCA. I will have to dig the letter out as it was a while ago but was wondering if you could help me out and guide me through this process as you seem to have had success with them in particular??? Although the debt is now with Moorcroft DCA's

subbing with great interest

Oh ok Spam I think it may be a matter of going down the CPR route as 6 years worth of incorrect information on the credit file is not acceptable. I will have a look at the CPR route link you have given above and see if it is the best route to me. Just one quick query as regards that is that I have seen quite a few threads where one of us caggers go through the whole rigmarole of the process only for the bank/lender pulling out at the last minute. Is this commonplace then or are they more likely to turn up in court??? May come back to you with some more questions if thats ok!;-) Many thanks for yours and everybody elses help and advice so far

Ok Spam So if none of the DCA's break us what happens then??? I would obviously prefer to go down the route that doesn't mean going to court but if I could ask your opinion on that, I mean, which route do you think is best as I would prefer to brings things to an end sooner rather than later. Has been ongoing for around 6 months already...

Thanks Deb I would be happy to do that but obviously Barclaycard are still recording adverse information with the credit reference agencies.

Thanks for that template Vint... I have sent this to them, probably around March time. I don't have the exact dates of the letters to hand as I am away from home. They have continued to pursue my mum through the usual harrassing phonecalls, threatening letters and cards sent supposedly from debt collectors who would be calling at the house on various times and dates, although nobody turned up at all! (Not that my mum stayed in waiting for them.)

Yeh they have been at it since just shortly after we put the account into dispute. Sorry I probably should have explained all of this but I tried to put it in such a way from my first post that, I thought people would understand that I have gone so far through the process and have hit a sticking point of not being able to find out what needs to be done next.

Yes Spam that is exactly what I have done, since approx February of this year.

Many thanks Spam and Vint for your replies:) This is probably I misunderstanding on my behalf, but I thought that once the debt is deemed as unenforcable then you can reclaim any interest and late payment charges, etc.??? What I really want to do given the choice is just to challenge the enforceability. The document that I have received is just a black and white photocopy of general terms and conditions for Barclaycard. There are no details whatsoever on it to say it is my mums or for any particular account and from looking on other threads previously, it seems lots of other people have received the same document and been advised that is unenforcable.

Ok thanks Spam, I will look at the statements etc. over the weekend and report back. Are we able to reclaim interest amounts as well??? Debs, thanks for those links although I have already received the information that has been requested. Finally for the time being do I need to send Barclaycard a letter of any sorts??? And if so what would it be beneficial to contain??? Thanks

Hi Spam Yes my mum has received all statements and details from the SAR request. I am away until tomorrow to be able to see with my own eyes what she has actually been sent. The last letter I have sent to Barclaycard was requesting that they no longer pursue the debt as they do not have anything even resembling the CCA for this particular account. Hope that helps!

Hi Deb No, everything that has been sent has been written and completed in my mums name, I am just putting the letter together with all the relevant information but as far as Barclaycard are aware they are dealing directly with my mother

Thanks for your input Ida but I have done this already What I am looking for is some help and an explanation of what I need to say or do to move things forward from where I am, as outlined in my 1st post. Maybe you can point me in the right direction???

Ok thanks, first time I have started a thread so please forgive me!

Fantastic news Herbie well done:D

Hi Everybody Ok basically what I am looking for is some help and advice regarding my mums credit card for which I originally sent off for the CCA in January of this year to Barclaycard. Barclaycard sent a photographed copy of terms and conditions front and back of a sheet of A4. There are no prescribed terms details whatsoever contained within the document, which doesn't even have my my mums name on! Ok, I have also sent off for a full SAR, which has been received within the last week. Barclays latest letter basically states that they will not go into any further correspondence unless I appoint a legal representative to deal with it on my behalf. Couple of questions I need help with before I respond to these latest replies: a) Do I need to offer to take Barclays to court, through the small claims? If yes, how do I go about doing this?? Any letter templates for this etc.?? b) What am I looking for in the SAR request to keep details of, so that I can hopefully reclaim some of this money??? Again any template letters that I can use for this purpose??? If anybody can help with this then that would be great and if you need further details of anything I have missed out then by all means just ask me for that specific information. Hopefully somebody will be able to point me in the right direction! Many thanks Nathan

Have received a letter from their solicitors regarding a Legal Charge The CCA I have received has no credit limit on it or signature (or space for it) for MBNA amongst a few others. Where would you recommend I go from here?

How can this be enforceable??? There is no credit limit set on the form and that is an integral part of the prescribed terms is it not???

Thanks for those! Hope to report some positive news in the not too distant future

Sorry to quickly add that it is almost identical to the one on this thread too! And also that it is only the same as the 1st copy above. They sent me no application form :-S

Hi guys Never posted on here before but in the process of getting cc declared as unenforcable by MBNA. The form they have sent me is almost identical to Dave Firewalkers in his original thread. The prescribed terms of the Credit Limit and Interest Rate are missing and a signature for the lender. They are now threatening a Legal Charge on my property even though I know that it wouldn't stand up. I am also going to send them an SAR as I am aware that I can reclaim some money from them??? Is there a standard letter that I can use to request this??? Sorry for Hi-Jacking this thread!!! Maybe I should start my own thread but don't know how?? Lol...

Am having an almost identical problem with Lloyds TSB.Would I be correct in saying then that unless they come up with the mentioned Determination detail letter as described above then they need to produce a copy of the CCA??? And then if unable to produce this then the overdraft amount couldbe unenforcable????Thanks