Do you still have the letter from cabot saying they cant find a cca? if so, send a copy of it to the solicitors with a polite bugger off letter.

your in very good hands here jenski, i used to worry abouyt all sorts of disasters before i found this site, now im taking the fight to them, and it feels dead good

Put the whole account in dispute, demand a full statement of the account for the overdraft, and demand to know where monies above the overdraft amount came from, and make them prove it with a cca. No cca would render the loan amount unenforceable i believe

i would say if the overdraft account now has the loan account number, and the loan is unenforcable, its all become unenforcable. If its a new account number altogether, they dont have an agreement for it. If they put the loan into the overdraft account, im not sure where to go, am waiting for barclays to try this meself. If the overdraft is all charges, have the whole thing put into dispute and start claiming them back.

found this today, not sure if its been mentioned before, but its halifax claiming their systems are secure. Light Blue Touchpaper Blog Archive Chip and PIN on Trial

brilliant sutff smt, and all other contibutors, and pt looks like i need to send a second cpr request now then

Have you paid any in the last 6 years at all? if not it will be statute barred for sure. Cant remember where the letter is for that one, someone will post it shortly im sure.

any idea when the loan might have been taken out? and was it a joint loan? either way, cca them i reckon

will likely send a similar one to bc who only sent a a copy of conditions (no terms) top half of which cant be read haha.

I dont like waiting around to much, so im considering sending this letter, any comments? Dear sir/madam Thank you for your letter dated 17/3/09, the contents of which are noted. However I would like to point out that the printout that you sent to me, while it may cover your obligations under the CCA 1974 S77/78, and having sent the same print out under a CPR pre action protocols part 31.16) request, (a copy of which is enclosed for ease of reference) you will be aware that this is not enforceable in a court of law. As stated in the CPR request, an unsigned copy will not suffice, therefore this account remains in dispute until such a time that you can provide me with the original copy that bears my signature. As a result, my previous letter informing you of the account being in dispute remains in place,(a copy of which is enclosed for ease of reference), and any enforcement action will be viewed as harrasment. You may also consider this letter a formal notice issued under section 10 of the Data Protection act 1980. I demand that you stop processing my data by any means whether written or electronically, with third party individuals and organisations. In addition to processing, this also means passing, amending, sharing, filing, and management in any form of my data, both manually or electronically. In compliance with the information commisioners office, I give you 14 days to comply with this request. The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress, harm and damage, specifically because; My creditworthiness is being or has been damaged as a result of your entries to my credit files, which relate to the current dispute on this account. The adverse data that you continue to process and pass on to third parties impedes my ability to apply for mortgage and other financial services. That as a data controller/compliance officer, you have a duty under the Data Protection act to observe all rules set out therein, within the act. I expect an acknowledgement of your intentions to comply, and if you do not agree, your reasons for being unable or unwilling to do so. I will give you 14 days to forward this to me in writing. Under the Data protection Act, a County Court has the power to order compliance of any breaches it sees fit, together with compensation at the discretion of the court. Should you fail to comply, or give just and reasonable reasons why you will not comply, I will consider making an application to my local court to force compliance, together with costs and compensation. Yours faithfully

you guys must all be special, all i got for my cca request was a single photocopied page of conditions, top half of which is totally unreadable. no terms, just conditions and thats it. I send them the bugger off letter tommorow.

jaffa cakes! you cant give them to a doorstep collector! theyr worth 5 quid each easily

the account has been in dispute since the court stayed the claim, i believe you can use that date to stop them continuing to add interest? not sure, so hopefully someone will clarify.

Have apex actually bought the debt, or are they acting on behalf or as agents of rbs? If the bought it, they own all the duties that go with it, including providing paperwork. another thing is, if your charges reclaim will pay it all off, i believe you can have the account put into dispute, until the stay is lifted.

yep ive had a look through, the dn seem valid to me. can post it up if you want closer inspection? one thing thats apparent from the statement of account they sent me friday, they started adding interest from 1st dec, couple of months before the dn, is this right?

yes both those statements are clearly marked, and in capitals and bold to.

found it, cant find specifics on what a dn should look like tho, ill scan it in the morning

no, i cant seem to find the forum you mentioned above im not to clever at finding stuff

ok im back, had some net probs, but all sorted now. dn dated 19/2 gives me till 8/3 to remedy, thats 17 days including the weekends from the letter date, i fairly sure i would have recived it on 20/2. barcs headed paper, with their address ect on, and other contact options. On friday, i also recieved 2 letters, one being a reply to the complaint (acc dispute) basically telling me they sent the info, and included another copy of the same, other letter was a statement of the account. They have started charging interest on it on a daily basis from 1 dec 08. Can they do that before sending the dn?

ooh how does it work with a fixed loan then?

yeh was a fixed loan. Loan amount was set and agreed, and a total payback amount was set and agreed (allegedly)

yeh the alleged loan was begining of 05, only started coming late at the height of the high prices last september time, at which time i had to stop paying to survive.

subbing as i have multiple probs with bc

looking at the statement of account they sent in place of the cca, i dont see any penalty charges, though they are now adding interest at just under 1 quid per day, i received a monthly statement yesterday, and no charges except that interest are on it.

bit of a blow seeing that tbh, made me have second thoughts myself, but then if we let them get away with it, theyll keep doing it.