Have a look around this forum. There are loads of examples of defences that you can modify to suit your circumstances. Look for a holding defence, whilst you get your paperwork sorted.

Fortunately, Tesco don't and have terminated the agreement on the back of a dodgy DN. MBNA don't either

Oh, and it would be appreciated if you could stick to one thread rather than opening multiple threads on the same issue. It's easier to respond if everything is in one place.

I've asked the site team to move this to the legal issues forum. You will get more help there.

A few questions for the legal eagles (and other parties) on here. I have two fixed sum agreements. One is enforceable and the 2nd is doubtful. Having read parts of the CCA1974, I was particularly interested in sec 77A. Consumer Credit Act 1974 (c. 39) - Statute Law Database It states that a creditor must give the debtor a statement within one year of the agreement starting and every year thereafter. I have never had a statement showing the outstanding debt or the payments made on either agreement. Both agreements were entering into beginning 2005. My questions: 1 Would sec 77A(6) now apply to these agreements? If they did not meet their obligations under this section, then they cannot enforce the agreement whilst they remain in breach? They cannot charge interest during the time that they breached? The debtor does not have to pay the default amounts during the period of the breach, even if the breach is remedied? What happens if the creditor issues a default notice during the period of breach and terminated the agreement? I am sure there are many of us out there with fixed sum agreements who have never received a statement of indebtedness from the creditor over the term of the agreement. As long as you keep paying, the creditor leaves you alone. Is this a new can of worms or has it been discussed before? Advice appreciated.

My opinion. If they are not requesting suspension of the complaint as part of the settlement, I wouldn't cancel the complaint. Their processes are lacking even after they agreed to remove the data and that is something the Information Commissioner should investigate.

I seriously doubt that a debtor has the same rights of assignment that a creditor has. If you could assign your debts, you could buy an off the shelf limited company for £99, transfer the debt to the Ltd company and then walk away. Not going to happen, in my opinion. But there are people out there that will pay £350 + 10% to this company in the belief that it can be done. Just as the DCA's know that their threatograms will get 95% of people to respond and pay. The other 5% are on CAG.

I would get your claim in as soon as possible. That way the account goes into dispute again and they cannot do anything with the account while they resolve the dispute. May prevent them adding a default to the account. Or if they do, you have grounds to fight it, especially if the charges are more than the current balance. Who knows, you may even get some money out of the saga.

Hi Ping Pong Sorry to be the bearer of bad news, but I am of the opinion that the documents you have scanned up are enforceable. Page 1 is the application form. At the bottom of the page, it refers to the credit agreement overleaf, which you have signed. As far as I can see, it has all the prescibed terms. The only one that you may be able to contest is the credit limit, which isn't specified. I am of the opinion that you may have a hard time overcoming that one. With regards to your question regarding the 12+2 days. There is nothing you can do about that. If they don't respond within the allocated time, the account is in dispute and they can't add charges or interest during the time of the dispute. Once they provide you with a copy, the dispute ends and they can continue as before. You could check and try and claim back any charges or interest during the period, but they will give you the runaround. With regards the £10,000 earning, they could just turn around and say they changed their lending criteria, so I don't think there is anything you can do about that. Have they defaulted you on the account yet? Have you claimed back any charges + interest? Best of luck

Thanks, I spotted the information and have subcribed to read it after a good night's sleep. The DN is flawed. They forgot to date the DN, so I don't know when they wrote it, could have been the day the account was opened. And I don't know when I got it other than from the date to rectify the breach. But I seriously doubt it will go to court. I don't believe the CCA will stand up to scrutiny. Even the covering letter was a cut and paste job. The Tesco logo has been dropped onto a piece of paper with Triton's address. I am expecting Triton to start chasing me again. I have never had a response from Tesco.

Are there no wordsmiths around? Please

I have drafted a letter to LF in response to their letter above. I would appreciate it if someone could read through it and let me know what you think.

I would think that it is unenforceable as it states that IF you application is approved, confirming that it is only an application. Is there any indication of what happens when the initial interest rate of 0% expires? I would wait for someone with more experience to come along and confirm that it is unenforceable, than just taking my opinion on the matter.

Can't make out much on there. Sorry (or is that a good thing) I am looking at this ME VIRGIN CCA rec 130609 :: ME VIRGIN CCA Rec 130609 p2 side 1 picture by cupcake62 - Photobucket First comments though. It is an application form, so it is unlikely to have a defined credit limit, it may not have set interest rate and only an indicative APR. Interest rates are normally set after credit scoring. Check if those two items are on the copy you have. If not, then in all likelyhood it is unenforceable.

Debtors Rule Number 1: NEVER talk to a creditor on the phone. A lot of banks use internal DCA's and/or solicitors. And yes, it is designed to solicite a response from you. Please ensure that you send any letters recorded delivery. Letters seem to disappear if they are not sent recorded. My pleasure Happy to help.

Because they don't have the original? Can you post up what you have received, minus all the personal details? My understanding is that an agreement has to be ligible in order to be enforceable.

Can you give us details of any letters you have send to Lloyds or the Sols? I would get a CCA request off to both Lloyds and the Sols at this point. You'll find the necessary template letter here http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter I would also remain very silent about the DN. It's defective and you don't want to let them know. Once you have sent off your CCA request, sit back and wait for their response. Post any responses on here and someone will comment on them.

Now where have I seen that letter before Oh, yes, I have one filed too Not much you can do, I think. You've pretty much done all you can to get a copy from them. They are not going to change their position. The only option now is they take you to court and you get them to disclose the agreement as part of the proceedings. I send Ms Renshaw this letter Edit to suit your circumstances.

BettyPepper, take your personal details out of your letters. DCA's also use these forums. Your first letter has your surname at Dear and the second has your full address and names. Also ensure that you take off any barcodes or number sequences.

Tricky indeed. After a good night's sleep, I have calmed down and looked at the 'alleged' CCA again. There are a few other things amiss with it outside of the date. All the boxes have black lines around them. The 'shaded' signature box only has a line at the top and left. That could be down to faxing, but as the other lines are quite clear, unlikely. The other area is the 'Keeping you informed' box. It actually runs through the registered address for Tesco. I would love to see the real, true document in court. Guess I am going to have to wait awhile for that to happen. I would if they would be stupid enough to issue summons with the CCA?

Right, so I got a letter from LF in May saying that a debt owed had been been sold and assigned to them. The OC was still outstanding with my request under the CCA, so I sent LF a 'bemused' letter. Yesterday, I got the following response: How do I respond? Do I send them a copy of the letter to the OC requesting the CCA? Do I CCA them directly? With regards the CRA's, both the OC and LF are reporting 'D' on my credit record, so I have 2 for the same debt. Advice appreciated.

The new phone company, 118 800. Your mobile provider has the right to process your data under a contract, 118800 don't

UhOh, how are you getting on?

Hi Leah Look at this thread http://www.consumeractiongroup.co.uk/forum/show-post/post-2184956.html where I have given someone advice before (I'm being lazy and not retyping it) The template letters are here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

I've sent them a section 10 notice under the DPA withdrawing consent for them to use my data. Let's hope they take more notice of it than the banks do.