What about the PPI? When we tried to claim on as my husband had been made redundant we were told we couldn't claim! Also, is there an upto date thread on Application form vs CCA? I can only find an old one which was posted in last in September?

So where do I go from here then? Is there a template somewhere regarding PPI? Also I'm guessing that as they are saying the account is settled I know have to deal with Lowell Finance direct?

We have had the SAR competed and returned to us by Cap1. I have no way of uploading a pic of the letter sent, but I can tell you what it says: Dear XXXXXXXXXX Thank you for your recent letter requesting the personal data we hold on you. Please find enclosed a copy/copies of the personal data and correspondence you requested held by us in relation to you. Also included is a list (key) identifying the most commonly used terms within the data provided for your information and reference. I notice your request for information under section 78 of the Consumer Credit Act 1974 (CCA). As your account is settled there is no sum which is, or will, or may become payable under the credit agreement and therefore the obligation to provide documentation under section 78 of the consumer credit act does not apply. On that basis, we have no obligation to provide you with a copy of the documents you requested. In relation to your request for default information, I can inform you that we sent you a notice of default on XXX 2004 and your account went into official default on the XXXX June 2004. Unfortunately due to the time passed and our information retention policy it is unlikely we will be able to retrieve any documentation relevant to your default. In relation to your request for all information relating to Payment Protection Insurance (PPI), I can confirm that under Data Protection Act 1998 we are not obliged to send documents which do not contain any customer's data. If you wish to make a complaint regarding PPI you must contact us separately setting out the reasons for your complaint. However, if the Payment Protection Insurance was added to the above account, you would have been provided with all the relevant details of the PPI policy, including the terms and conditions. Details of any premiums paid can be found on the statements enclosed. In your letter you've requested detailed information regarding our costs and fees. I'm afraid I'm unable to give you a full breakdown of this as this is confidential business information. It then lists contact details for further queries. Whats the next step? I have a wodge of papers that I have no idea what to do with. I'm still not convinced the Credit Agreement is valid, it looks like an application form. Thanks in advance

Had another letter through from Cabot, pretty much the same as the last so we've filed it. Had nothing from anyone else. Missed a parcel delivered by DHL yesterday, the only thing we can think of that it might be is the Cap1 sending through paperwork to fill the SAR. Being re-delivered Monday so I'll let you know. Other than that, nothing from anyone else. so out of the original debts I listed, 3 replied. Lowell, Cabot and DM. Cabot are now on hold. DM heard nothing since I sent them a non compliance of CCA. And CAP1 was sent an SAR and told Lowell not to contact us again until we've had what we need from Cap! 1stCredit sent me a letter telling me they're dealing with my complaint and apologizing that I felt the need to complain?? so I'm ignoring that one as well. I'll keep you up to date

These debts originated around 2000 if not before. Saw CAB Debt adviser in 2006 so yes def before 2007.

Yes, they've already had the failure to comply and the CCA request. What about adding £800 to the debt? And can you clarify this paragraph please: In addition, please note that the definition of of a true copy as prescribed in Regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulation 1983 ("the Regulations") states what information can be omitted therein. Furthermore case law shows that a "true copy" does not mean an exact copy. However, Cabot have also requested a photocopy of the signed credit agreement in addition to the "true copy" which we shall forward if available. This goes beyond our normal obligations and the aforementioned definition and as such is more advantageous to you. PS I cant find the OC I want. Not sure I'm even looking in the right place to find it!!

Got this letter through from Cabot this morning: I refer to your letter we received in our office on the 19th January 2013. I note from your letter you have made a request for information under the Consumer Credit Act 1974. and are still awaiting a response. Upon reviewing our records, I can confirm that we did receive such a request on 30 Nov 2012, to which we responed accordingly on 12 Dec 2012. Please be assured, we have contacted Barclaycard to obtain the requested information and will forward this on to you upon receipt. With regard to you comments relating to enforceability, please be advised that failure to provide a copy of your agreement does not affect the legality of your debt with Cabot Finance but merely renders the credit agreement unenforceable until such time the agreement can be produced. It has been well established in English Law, that "enforcement" constitutes obtaining judgement at Court. The reporting of any default entry to the Credit Reference Agencies or Cabot requesting payment of your account does not amount to enforcement. In addition, please note that the definition of of a true copy as prescribed in Regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulation 1983 ("the Regulations") states what information can be omitted therein. Furthermore case law shows that a "true copy" does not mean an exact copy. However, Cabot have also requested a photocopy of the signed credit agreement in addition to the "true copy" which we shall forward if available. This goes beyond our normal obligations and the aforementioned definition and as such is more advantageous to you. In relation to your request that all further communications be in writing, I can confirm that we have temporarily removed your contact number from our records. However I must inform you that we reserve the right to reinstate telephone contact with you should you fail to co-operate in settling your account upon receipt of the relevant information to comply with your request under section 77/78 of the CCA. Whilst I confirm that we currently have no intention of pursuing legal proceedings in respect of payment collection for your account, we still recommend that you contact us to make repayments to your account and upon the receipt of the relevant documentation we supply you with the same. Ok, so I'm guessing some of this is accurate. I would like to point out though that they have added around £800 to the debt since the CCA request was sent to them. Whats the next move? PS I haven't split these off into separate threads as I'll only end up confusing myself!!

I didn't know there where named forums for the OC's, I can never seem to find anything!!

Ok, so we've still actually only had responses from 3, Lowell/Cap1, Redcats/catalogue and Cabot/Littlewoods. Lowell & Redcats have sent 'alleged' cca's but no more from Cabot since the post above. Have sent ALL companies a failure to comply inc Redcats as no signed agreement just T&C's. Have sent Cap1 SAR request, as they managed to produce the alleged cca I assume they should have all the info dating back to 2000. I sent Lowells a no-correspondence letter and this morning received a letter from RED telling me Lowells have asked them to collect the debt. I've sent them an email telling them I have sent a letter to Lowell and attached a copy of the letter and the SAR request sent to Cap1. Also informed them that I will only correspond with them or anyone else via post or email. I'm still not wholly convinced what they've sent back is a cca. It quite clearly states at the top " FORM 3360 APPLICATION CERTIFICATE", it doesn't contain any of the prescribed terms and I'm not convinced the wodge of T&C's sent through are accurate to when the account was opened?? It also says in the address box along the bottom "Offer closes: 12th May 2000"??? In the box at the bottom where it is signed it states "In the event that my application is accepted..." There are no references to any other pages, no interest rates and no credit limit. There is a section that says "Additional info" Which gives you tick box options; one is "I wish to make use of the priority service option for faster processing of my application (I understand I will be charged for this service)" Application form???

I have query. I've just been reading through some older threads and this one has caught my eye: http://www.consumeractiongroup.co.uk/forum/showthread.php?74733-Credit-AGREEMENT-or-APPLICATION The signed agreement from Cap1 actually states at the top FORM 3360 APPLICATION CERTIFICATE.. At the bottom there are 2 signatures in a box that says credit card account agreement. Is this actually the credit agreement or is it just an application form? Confused. Also having scanned through the T&C's sent through, I'm 99% positive these are not the original ones as I quite clearly remember the late payment charge and overlimit charges being £28 not the £20 as stated in the T&C's sent through. Am I also right in thinking, having read page 7 of the above thread, if this is to be enforced as an agreement and not an application, it should have a credit limit and the APR on it? which it doesn't. The box for payment protection has been ticked, however when my hubby lost his job, Crap1 said he wasn't covered so does this mean that even though we were told we had to have the insurance we can reclaim PPI? The more I read the more confusing it becomes.

Excellent, thats what I thought. Just as well as it's already in the post. To date these are the only two that have replied and failure to comply letters are in the post, SAR off to one on Monday

Thanks, I'm going to send them a failure to comply letter, or do I just go to the letter regarding a questionable agreement?

Ok, what about the letter from Redcats stating they cannot locate a signed agreement?

Any advice???? Need to know how to deal with Lowell as we are sending SAR to Cap1, we have no desire to pay them any more money!!!

UPDATE: We have received a couple of letters back. One surprisingly from Lowell acting for CAP1. They have provided a copy of the original signed agreement and all the T&C's. On the agreement is a box ticked saying enrol me in the Payment Protection Scheme, but effectively they told my hubby he HAD to sign or they wouldn't accept is application. We're going to send an SAR as clearly they have all the info dating back to Oct 2000 when the account was opened so hopefully we'll be able to claw back any PPI and charges etc. What letter do we send to Lowel? Clearly we're not going to continue to pay as we know if we can claim back everything, Cap1 is likely to owe us money!! Second letter was from DM acting on behalf of Redcat's Brands, catalogue but don't know which one, I can't remember. I'll re-produce the letter as I have no way to upload it: REDCATS Dear Sir/Madam. Your request for a Copy of a Credit Agreement on behalf of MRS XXXXXX Thank you for your letter, which was received on 6th Dec 2012 We have checked our records and have been unable to locate a signed agreement. A copy will have been sent to MRS XXXX for signature when the account was opened in accordance with our standard process. I enclose a copy of the agreement that will have been sent to MRS XXXX when the account was opened which governs the account, subject to any to any variations subsequently notified, e.g. changes to interest rates. Terms and conditions are also available on our website and in our catalogues. Please see below for a summary of the account: (Table of balance, start date etc) Yours sincerely, Blah blah. Whats the next step with this one please? Thanks in advance for your help