Hi Cerberusalert Thanks for replying. So do you think I should write back and politely ask for them to send another copy that I can read? Esile

Ahh! Thanks! Where would I be without you kind people? Esile

Hi Supasnooper Thanks for clearing this up! (Now I'm really confused!) Esile

Can someone please advise me on my last point. I have more than one m and s acc and merging the 2 is going to make it very hard to follow. Many thanks Esile

Thanks for that Maisielou! Esile

These are 2 different threads! I have more than one m and s account. Am I not able to keep them separate? Esile

Hi Masielou Can I just ask (Newbie - don't know much!) the charges you are trying to get returned. Are they overlimit or late charges or just interest charges? Many thanks Esile

Morning! Yes non expert eye having to learn pretty fast!!! I am thinking I should write back and ask them to supply a copy that I can read and see where that takes me. Do you think I should? Esile Ps are you now a member of the site team because you have helped so many people?

Hi SS I have had a good look at the agreement they sent in the beautiful morning sunshine. I cannot see any sign of bleedthrough. I am convinced the bit at the top of the third column on terms and conditions, where they have the apr info, looks like it has been pasted on. You can see a white block around the text and it is much darker text then the rest of the text. The other thing I have noticed is, the t and c's are not straight on the sheet but I would say it looks like it is attached to another sheet because in the top left hand corner you can see a line. The main application form does not look like it has another half as I can see black all the way around the edge. I'm not sure if you will understand that! And I don't know how that helps but that is all my non expert eye can see! Esile

HI SS! Thanks so much for your constant advice! I cannot see any link to the two but I will try what you said and hold them up to the light. Can I write back saying I cannot read it so please send another so that I might judge as to whether it is enforceable? I find the light and dark shades very odd. It's almost as if the pertinent bits may have been added in afterwards but I don't know if I am being optimistic! I might also try enlarging what they sent me to see if it shows anything! Thanks again. Have a good bank holiday weekend! Esile

Hi Supasnooper Can I not argue that it is unreadable for the time being? Do they have the original if it has been microfiched? Should I not try? Esile

Hi Could someone please have a look at this for me please? EC M and S res pictures by cupcake62 - Photobucket Don't know if I am being optimistic but I think this looks a bit odd. i.e. why do certain parts of the form have extra white very straight lines around them? I cannot read the t and c's on page 2. Their covering letter states they had trouble accessing the data, does this mean it is filed on computer and they do not have the original? Your comments would be most appreciated. Thank you Esile

Hello you lovely people! Can I please have some more advice?! 1. Barclaycard - another account have sent this EC BARC 6 7 pictures by cupcake62 - Photobucket . Should I be sending them this? Thank you for your response to my request under the Consumer Credit Act section 78. I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves. As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3). Unless you can produce a copy of an executable agreement within 21 days I will consider that the above account is now closed and that you will not pursue the alleged debt. Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data. 2. Another barclaycard acc have written to say thanks for your request dated 190409 (correct date) but we cannot find any details for you under acc number xxx (not the acc number I quoted on the letter!!) Is this just time wasting tactics? Should I just ignore them? They are either being deliberately difficult or extremely stupid/incompetant! 3. Egg have written to say they cannot comply unless we send proof of who we are! ie utility bill, bank statement etc or if not available a letter from a solicitor(!!!!!) Again, are they just time wasting? Should I bother sending proof of id without signing anything. I have also had another letter saying they have received my complaint (would that be my letter saying you have not complied...?) and we will here within 8 weeks (but we need to help by logging into our acc!) I don't feel like doing anything, am I right? 4. I CCA'd my M and S reserve acc which is run similar to a credit card but it involves cheques not a card. They have sent me this today.EC M and S res pictures by cupcake62 - Photobucket It is not readable therefore this one is not enforceable but should I be concerned that they might have the true form? I cannot see where it says the t and c's are overleaf, it looks almost cut and pasted in some areas, it says credit application at the top but I'm not confident in all this yet! Could someone please advise? Many thanks Esile

Hi Supasnooper! As I said I am not known to be a quitter! I will not be used or abused. At the moment the law is always on the side of the tenant no matter what they do! He signed a 6 month contract then decided to move out after 5 because he found a girlfriend yet doesn't think he should pay the last month. If I wanted him to leave after 4 months it would take me a 3 month battle in the courts!! Have a good weekend! Esile Ps I am awaiting the government deposit schemes decision on whether he should pay the deposit to me after all. If they decide I should get it and they pay it me I would obviously let him have his mistaken payment back. I only want what I am owed!

Hi MG I would have to move all money out of the account and it is the account I have all my direct debits coming out of! I have applied for a new account with another bank, if I get it before they notice their mistake I will empty the account and let them chase me for it but until then I can't do anything. I'm not sure where I stand legally but I would give it a go just to be awkward after the way has treated us! Take care Esile

Hi MG Pleased to hear from you. These people just do what they like don't they, hoping we won't notice! On the other hand though I have a tenant who moved out in Feb had signed contract until March, said he would sign over the deposit to pay last months rent now he won't do it!! Just got in to find my bank statement to show his bank have set the old direct debit up again so I have been paid the last months rent. I bet it is a mistake but I bet they will be able to take it back when they realise although he does actually owe me! Keep fighting them and keep in touch. Esile

Thanks Supasnooper. So far we have had amex - unenforceable, monument x 2 - unenforceable, mint, uneforceable, mint- enforceable and sky enforceable. The remaining 24 have nor yet replied or have only sent terms and conditions. I am strong I will fight this all the way but only with everyone's help on here so thanks! Ps We are trying hard to pay all other bills except credit cards but its becoming increasingly hard with no work!!!

Hi Supasnooper Yes we are currently paying the monthly mortgage payments in full. I have always known it will be a tough struggle but the only other option is to give up and run away and I am not known to be a quitter! The world is still turning and I still have my family and friends therefore I am lucky and I will not give up!

Hi Guys Slightly calmer today! Gave mtself a talking to! I figured I have no choice, court or no court I cannot pay them at the moment so I am just going to have to pull my socks up and get on with it! I'm not going to reply to monument, I'll see what they do next. I have had a reply from one of the Nationwide cca requests today. Looks like a standard letter, apparently my signature does not match the one on their records(what signature!!!!!!!!!!!!!). So I will be sending them the usual you didn't worry about my identity until now letter tomorrow. Sorry to sound like a chicken yesterday - was just feeling a bit like I had bitten of more than I could chew, I must be mad to think this will ever work. I'm over it now! Esile

Hi Supasnooper I am not paying them anything! I am unable to pay them and have not done so since February. I thought I could reuest a CCA from them and if I found it to be unenforceable could refuse to pay as the account is unenforceable therefore in dispute. Although I do not like the idea of going to court if it truly is unenforceable then I will do so rather than have them put a charging orderrepossession order on my home.

I'M STILL SCARED! What do I do now? Will they not send it to dca first? Should I reply? Can I not highlight the faults in their agreement and see if they decide not to bother? CC68 (with no finger nails left!)

Supasnooper When you saying repaying it fully do you mean paying the monthly amount due in full? Esile

NOW I'M SCARED!!!!!!! I thought they would not take me to court if it didn't hold all the prescribed conditions! I have no idea what I'm talking about and have never been inside a courtroom!!

Cheers!

Hi Just a little update. Two more CCA's in today. One enforceable, the other not! Here are the links http://www.consumeractiongroup.co.uk/forum/general-debt-issues/195385-esile-mint-ec.html http://www.consumeractiongroup.co.uk/forum/general-debt-issues/195383-esile-mint-tc.html I'm a little freaked out by the suggestion from Nationwide that they can withdraw other accounts if we do not pay but trying to calm myself with the they can't do that if they have not complied with my request talk. I have not done anything about monument yet. They are saying they consider the cca enforceable. I have no idea what to do about that! Take care Esile