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Hello cerberusalert. thank you for your prompt reply. I cannot see the 'Right to Cancel' information. I have seen the following: 'This agreement is not cancellable under the Consumer Credit Act 1974, the timeshare act 1992 or the Financial Services (Distance Marketing) Regulations 2004' Is this what you were referring to? Many thanks.

Please also note: The copy we have is slightly better than the scanned copy posted. It also states, 'If you use your card for a Retail Purchase of your credit limit and then repay it in 12 equal monthly installments the total charge for credit would be interest of £134.60. We can vary the interest rates and any charges we make now or in the future under condition 13.' (Is this what is meant by prescribed term?) It does not however list anywhere this particular condition or any of the other conditions referred to. Many thanks for your help

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We have a number of questions that we would like help, to find out the answers for: 1: Can a creditor pass on a debt to a representative or sell it to a debt collection agency without our prior authorisation? 2: Does this breach data protection if they do? 3: As we understand it, loans under 25k are subject to the CCA 1974 if they pre-date the 2006 ammendments. What are overdrafts subject to? and also what are loans over 25k subject to? Many thanks for your help. Best regards.

Good evening everyone, I hope you are all safe and well considering the weather at the moment. This is my first thread here and will not be the last I am sure of that. In September 2005 my wife started a B&Q Store Card account (operated by GE Capital). In 2006 we started experiencing problems and started token payment arrangements, then in Jan 2008 we began a Debt Management Plan with the CCCS. The DMP was only going to run for 12 months and has now finished. C L Finance have now began a Court Claim in the Northampton County Court Bulk Centre (CCBC) because last year we had further problems and the DMP was not maintained very well by us. We have sent CL Finance the s.77/78 request and also an additional letter as follows: Dear Sir, REQUEST FOR INFORMATION I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought. 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. All records you hold on me relevant to this case, including but not limited to: a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with GE Money. c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. d. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. i. Copies of statements for the entire duration of the credit agreement. 3. Any other documents you seek to rely on in court. I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim. Yours sincerely, (This letter was taken from a post/template on this site) The only information we received was a copy of the credit agreement which arrived on the day the defence was due, which I had sent the day before as an embarressed defence basically. We had a positive response from the court, but I guess at the moment we will have to wait and see if we get the allocation questionnaires (AQ's). I have two main questions at this time. 1. If we do not receive the AQ's within 28 days of the defence submission date, can we apply to the court to have the claim struck out? 2. Please could somebody comment on the attached pdf file, which is the copy of the credit agreement to let me know if it is enforceable. If it is not, could you explain why. Many thanks for your help with this matter. Any further information you require I will be happy to help. Best regards. CLFinance Agreement.pdf