Hi Cerberusalert. I must be learning then! I wasn't sure about there not being a signature but everything else looked ok. I don't think there's much chance of claiming unfair charges. We have always paid on time etc so not many charges! I'll have to accept this one! Esile Ps what do FSA and Information commissioner do?

Hi Cerberusalert! Thanks so much! I'll send it to them tomorrow! Esile

Hi Could someone please look at this cca for me? EC Mint pictures by cupcake62 - Photobucket I am thinking it is enforceable but I am not sure. Can I please also explain page 2 which is a copy of an application form is not mine, it has someone elses details on (!) Is this not breaking some kind of data protection rules? It has all the details of someone else born in 1949. Could you please advise me of a reply? Thanks Esile:)

Hi Can someone please look at this CCA for me please. TC MINT pictures by cupcake62 - Photobucket Am I correct in saying it is unenforceable? If so could you please advise what to send back Many thanks Esile

Hmm Sounds interesting! I'll look forward to hearing about it once you've formulated and executed your plan! I know nothing about default notices being bad. Is that something to do with the letters informing me of default charges I keep getting? Do they have set terms too?

GK Yes I am assuming that is Nationwides tactics when they write saying if we do not pay they can withdraw all accounts (we have our mortgages with them!) and to a certain degree they do win, it does scare me but at the end of the day I have no money therefore I cannot pay them even if I wanted to! My dad (whom I am also fighting for) cannot believe that we cannot deal with them in a business like manner i.e the way we used to do business. He wants to talk to them on the phone and give them what for but as I keep telling him it will make no difference, they will still call again in ten minutes and then an hour after that..... He also wants to reply directly to every letter they send saying how dissappointed they are that we still have not paid but they truly are faceless crooks, there is not someone sitting at a desk thinking 'I'm dissappointed.......' We are just numbers to them. This is all such a learning curve, I have so much still to learn. I think I will ignore the letter and wait to see what happens unless someone with more knowledge then me advises otherwise. CC68

GK The hardest thing about all this is the not knowing and the waiting! Time will tell but at this point I am not ready to start forcing the issue. If they want to play tennis I am more than happy to do that and see where it gets us but I just wish there was a set procedure that we and they had to follow it would make it so much easier! CC68

LOL! You get my vote! Am I correct in saying the next stage is for them to send a dca onto me? At which point I tell them it is unenforceable, they then pass it back to Mon who then if they so choose take me to court? Am I on the right track or have I missed something along the way? I am trying to keep up with all this but having spent the last year thinking my home would be taken and I would have a queue of people at my door the minute I missed a payment I still regularly feel as though this is all a dream and I am going to wake uo to the truth any minute now! CC68

Hi GK I'm new to all this and this is the furthest I've got with any of them so I am a liitle shy of doing anything unless it is advised. But everything you're saying sounds right to me! CC68

Sorry to be a pain but does anyone have any knowledge re my last post? thanks

Hi Could someone please advise me of what to do next (please see post 7) thanks

Hi Rubyrose This is the account in dispute letter Account In Dispute Ref: Dear Sir/Madam 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 therefore request a copy of your official complaints procedure which you are obliged to supply. I look forward to hearing from you in writing. Yours faithfully, Print name do not sign Good luck, let us know how you get on! Esile

Hi GK The mad thing is (I think) that they did send me a copy of my signed agreement but it is not enforceable! CC68

Hi I have had a reply to my letter telling Monument their agreement is unenforceable. EC Mon part2 pictures by cupcake62 - Photobucket Can someone please advise me what I should do now? Many many thanks CC68

Hi Well I enjoyed a couple of days of peace except for the phone ringing of course but we've turned it down so low now I hardly notice it!! Today we have had a reply from monument re my "your agreement is unenforceable" letter which I will post in a mo on the monument thread. We have also had the next chase letter from Nationwide. Slightly concerned about it because it mentions they have the right to withdraw any other nationwide account. Our mortgage is with Nationwide and we now know we will not be able to get another! Is this just a scare tactic? Am I right in saying they would have to get a repossession order to withdraw my mortgage? I know they are trying to scare me to win this battle but I do need to understand it! Thanks for anyones advice

Hi Supasnooper! I'm under no illusions that this is it but you have certainly put a smile on my face tonight. Now I can concerntrate on trying to improve on our income and maybe enjoy my girls a bit more than I have had time for lately! Is that not what life should be about? I have lived in fear for long enough!

Hi Folks! Just an update really. I have today sent an account in dispute to all those that have not bothered replying to my letter and also to some of those that have sent the silly excuse letters. I guess now I just sit back and wait to see what responses we get. Is there anything else I shouold be doing? I am so grateful for everyones help I cannot believe how liberated I feel, after feeling like I was carrying the weight of the world on my shoulders so thank you. I know things are going to take a long time to come to an end but at least I have hope now! Esile x

Oh I will but it still takes quite some time. I have so many and they are from either myself or my partner and also my dad so I have to get my head around who is what etc etc. Such a good job I took someones advice and put all this into a file other wise I would be completely lost by now! And I have to get the kids to bed first!!! Thanks for your advice!

That suits me fine!! I thought I was being a wimp not answering the phone! I will busy this evening as I have about twenty in dispute letters to write!! Thanks

Thanks Cerberusalert. Should I have sent the telephone harrassment letter first? I don't answer the phone so haven't actuallt told any of them to not call me. I planned on sending them an account in dispute letter and enclosing a telephone harrassment letter with that, then I thought I would answer some of the calls and tell them they are harrassing me and I will be complaining. Is you suggested letter a better option? thanks for your advice. Esile

Could I also ask...! This link TC MBNA :: TC MBNA dca letter 1 after cca request picture by cupcake62 - Photobucket is another letter received from MBNA on my o/h's account. Should I send the letters Cerberusalert suggested in post 2? Thanks

Should I? How do I know the calls I am getting is from abroad? I haven't answered any calls. Actually I'm not sure they have even called! Barclaycard are the problem (6 calls today from 2 different numbers - no calls from anyone else at least they respect easter sunday!). Ok just checked, I have had two international calls since all this started no number known and one call from an 0870 number that is listed as mbna. really can't complain about that compared to barclaycard and nationwide! Should I still complain to the OFT and FSA about the letter? Should I tell MBNA if I am doing so? Esile

Thanks Cerberusalert So Aegis dated their letter 4th April (Saturday!) and my account isn't in dispute until Thursday 16th (I am sending the letters on Tuesday)so should I ignore their letter and just send account in dispute to MBNA especially being that they are in Mumbai?! Esile

Just another question! Has the account been in dispute since the day I requested the CCA? Or is it two days later(allowing for postage)? Or maybe when the 12+2 days were up in which case their letter is dated before?! Thanks

Well spotted Shadow! Does this imply they are part of mbna? Do we just ignore it and reply to MBNA? Esile