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Hi and Welcome. I am in a similar position to you and there are lots of others in the same boat. If you read through some of the threads you will find lots of different ways to deal with debt. I have choosen to send CCA requests to all my unsecured debtors. Most did not reply until I sent account in dispute letters at the end of 14 days. Most of them seem to be unenforcable. But the Credit card companies will not give in easily. They phone constantly and send letters ect. You can stop the calls with a letter which you can find on here. Then a debt coollection agency will start. But if they dont have a properly executed agreemnent then should they take you to court they should not win. Not all Judges seem to be up to speed with CCA 1974. I am going to fight tooth and nail. Should you loose you have to do an income and expenditure form for the court and they will decide how much you pay each month. As far as I am aware as long as you keep up these repayments then thats the end of it. Game over. No Balliffs , no orders on your house nothing. Just keep up the repayments to the court and thats it. OK so your credit rating is shot to bits , but mine is going south fast anyway. And as far as I am aware 1 CCJ or 10 CCJs makes no difference. And I dont want to borrow another penny for the rest of my life so what does it matter what my credit rating is! I have not heard of many people recommending IVA or bankrupcy , maybe its the best way for some. I too until Jan had a 100% credit history , now thats gone. I have adjusted my lifestyle and am now cash only. And I feel better. So spend time reading some of the threads , you will learn a lot. I would wait and see what the CCA requests bring up. Best off luck Ron

Hi My O/H has a MBNA card from 1999. They have come up with the application form , which has her signature and date. The second page seems to be on the reverse as there is a cut on the paper and it matches up on both copies. Is it enforceable ? All comments , suggestions welcome. Thanks Ron

Thanks for looking Cerebus , I thought it was , just needed reassuring. Many Thanks again Ron

MBNA card since early 2001. They have sent a copy of the application form it has my signature and date on it along with my personal details. I have scanned in the second page and enlarged the print on the right hand side on scan 3,4 ,5 to allow it to be read. Not sure if this is the genuine page 2 . It has a date of 12/00 at the bottom of page two which ties up. Comments and suggestions welcome. Thanks Ron

I didnt copy the link properly , here is page 1

Hi Abbey card from Feb 2002. This came with a letter from MBNA who I think runs the card in Abbey's name. The slip does have my signature and date. It looks like a tear off portion at the bottom of an application. This only came after I sent the account in dispute letter. So does this have the prescribed terms ? Page two is the flip side of page one the tear along the top looks correct. All comments suggestions are welcome. Thanks Ron http://i657.photobucket.com/albums/uu299/Petere123/AbbeyMbna1.jpg[/img

Hi All Citicard since Jan 2005. The following is a response to the CCA request. A lot of pages , but nothing specific to me. Is this what they were supposed to get signed in the first place? All comments , suggestions welcome. I have sent the account in dispute letter already , I will now complain to the relevant authorities. Thanks Ron

Hi This card was set up in June 2001. I have sent them the CCA request and have got all their terms ect but no agreement. I then sent the default notice and got a letter saying the former response was a CCA ! So I guess I complain to the relevant Authorities. Any comments suggestions welcome. Ta Ron

Hi I took out and M&S card in March 2005 . I have asked for my cca with a response asking for a signature. I then sent the default letter and have received this. Shall I complain to all the relevant authorities next ? All comments and suggestions welcome.

Hi All I took out a Morgan Stanley card in Oct 2000 it has been taken over by Barclaycard last year I think. It has nothing on it that relates to me! I dont think what they have sent me is enforceable , but the experts advice is welcome. I have sent CCA request which was ignored. So then I sent the deafault letter after 14 days and got this back. I will next complain to the relevant authorities and see what happens. The are calling me a lot on an automated system so I will send the telephone harasment letter too , which seems to work.

Thanks Cerebus and pmw. Are there any template letters on the site. I understand that I have to write to my local T/S office any address's for the OFT and the Information Commissioner. Do I enclose copies of correspondence received from cap 1 ? So I am complaining that Cap 1 has not complied with my cca request do I need to complain about anything else ? I do not know what I would do without the help and support offered by this site. Many Thanks ron 2015

Hi All I sent cap 1 an account in dispute letter and got the following back recently. It doesnt seem very logical at all ! They think the one page copy of nothing is a valid enforcable CCA. Well I hope they don't have one hidden away somewhere. If the knowledgeable people can have a look for me , any and all opinions welcome. Not quite sure what to do next with this one. They havent started chasing me yet. so maybe i will wait and see what happens.

W6 you should probably start your own thread anyway so everyone can see what RBS are sending out. The more people that post the more infomation we can see and you should get a response from a more expierienced cagger than me. Ta

Hi As RBS have not complied with my request for a true copy of the CCA within the time limit (12 +2 )the account is now in dispute. What they have sent is not a CCA , so I have sent an account in dispute letter ( there are a few variations on the threads ). I also going to request all the data they have on this account , I dont have a letter for this yet! Here is the dispute letter Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request) The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully __________________ If you use it do not sign and send it recorded. Good luck p

Hi I have just read all this thread and I would just like to say well done and keep it up. I have just started with Cap 1 and all the info you have posted will be very useful. thanks

Thanks guys. This site is great. I just found a great thread by Davey who is fighting Cap1. What a battle he has had ! I will get the SAR's off and see what comes back. P

Commomn sense is in short supply in financial services ! For your own peace of mind you could make an appointment at the Rock and ask the questions you have without revealing any personal details.

IMO the mortgage company will do nothing while the mortgage loan is being repaid. I doubt if they will be concerned about the unsecured debt ( not their problem ). As far as moving is concerned you will have to get the new loan underwriten by your existing mortgage company. Even though no new money is being lent they will probably not be willing to help once they see the credit file. One glimmer of hope is when your current mortgage deal ends most high street lenders will be able to offer you a new existing customer deal without any underwriting. So your credit file should not stop you from getting a deal from your existing lender. I am in a similar position to you and have resolved myself to staying put for six years , when the bad credit will disappear. Hope this helps.

Forgot to say card was taken out in Jan 2002. Ta p

Hi The following are copies of what RBS/Mint have sent. It appears to be an application form/cca ? Copies of current terms , copies of 2003 terms ( I think ) and a strange letter saying here is your new card ect ( no new card ) it quotes curent situation. The app looks better than the Crap 1 I recieved but I am not sure if it ticks all the boxes. As it came a day late I have already sent account in dispute letter. There is no creditor signature on the app/cca , does this make a difference. All help comments most welcome. Hope the thumbnails work ! Thanks P

Hi Here is a letter cerebusalert sent me to send to stop the calls. Dear Sirs Harassment by telephone Account Number: XXXXXXX I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**) Yours faithfully, They must stop calling after you have made this request. If they don't. report them to the agencies on the letter. Send it recorded and dont sign. Hope it helps. P

Thanks Cerberusalert , pmw and William. It really does help to know other people are in the same boat.... You would think these sophisticated finance companies would have their admin in order , but they dont seem to. Out of 13 CCA's requests I sent only the Crap1 has come back , Egg have been banging on about signatures and the rest nothing... I have sent out account in dispute letters to them all now , so we will see what happens after that. Also I am thinking to send SARs out to them all but I cant find a SARs letter , probably a waste of £10 . But if I ever end up in front of a judge I want to be able to show that I have tried every avenue to obtain my CCA. With Crap 1 at what point do I give them permission to process my data. Is it when I sign a CCA ? If so then they have no CCA. Therefore they should not process my data. Has anyone complained to the relevant authority to stop CCC processing data on accounts that they have no CCA on? My point is as the man in the street , if I dont get planning permission for an extension on my house the local council could make me take it down. If a valid parking ticket falls from the winscreen of my car I get a fine ( This actually happened to me ). In fact unless I have the right paperwork for everything I do I have a problem. I once had my car towed away but they put the wrong registration number on the paperwork so they refunded all the charges. So the CCC,s dont have the right paper work. That should be the end of the story. But it does not seem that simple. It should be. Ta P

many thanks again Cerberusalert The letter to stop the calls looks good , I will send it when the calls start. So if they try back door tactics then I should post up here for help. I not only smiled at your post , I actually laughed. Priceless