Hi I CCA'd Citi Cards and they have sent me a letter to say they regret to inform me that section 78 CCa 1974 does not require Citifinancial to provide me with a copy of the executed agreement as i appear to believe. It requires CF to provide me with a "copy of the executed agreement" as defined by the Consumer credit blah blah blah then at the bottom of the letter it says The Consuer credit (Cancellation Notices and Copies of Documnets) regulations 1983 make it clear at Reg 3 that the "copy executed agreement" is not required to be an exact replica of the original agreement per Se bu an extract since it is allowed to omit certain information including any signature box, signature or date of signature. What does this mean they have sent me an agreement but its nothing to do with me (no address, name or sig) Can anyone let me know there thoughts on this, is there another letter i can send them, is this right or are they trying to be clever? Thanks

Thanks diamondgirl it has given me the boost i need to keep going.

Hi there, thanks for your reply, I have tried to upload the scan onto photobucket but i just cannot get it to work. Seems that my CCA does have all the prescribed terms on it, although it doesnt say what date my payments will be it does say the duration is 86 months and payments will be monthly, so i suppose with this one i have to accept that it is enforcable :-| I did have a result today i had a letter from Littlewoods to say they are not going to collect the debt so I have won one out of 4 not bad going better then nothing

Lol, ok will do just that thanks again

Oh sorry one other thing, if i make a complaint to trading standards will they have to send it to me? Basically do you think they are pulling a fast one to not send me it as they know its unenforceable? Thanks

Ok will do thanks for your help with this.

Hi I have been posting on the other board (getting out of debt) and have had some fantastic advice. Last month i CCA all the companies i was in debt to, today i recived a letter from one of them to say they were not going to be pursuing the outstanding balance (they didnt have a enforcable CCA) but it will remain on my record for 6 years. I thought they had to take all info off my credit file, can someone confirm? If so what letter do i need to send to let them know they have to take this off my file? Also i have had a letter back from citi card to say that under the section 78 cCa 1974 does not require citifinancial to provice me with a copy of my cca, is this correct? if not can someone advise me on the next step to take with them. I also want to say to everyone who is loosing hope, DONT many times i have thought about giving up with this as its been hard but i got one result out of 4 and to be honest i didnt think i would get any so carry on with it, the support on this site is just fantastic and got me through it.

Hi Tendogs normally replies to be me, but he must be busy and i would like somones opinions on this as its getting pretty urgent they are requesting the arrers to be paid in 2 days time. Would greatly appriciate any opinions on this. I really need your help, I cannot get the CCA on here but have been doing my research with all the information that has been given to me and this is what i have come up with, please let me know if you think my CCA is Unenforcable: The terms and conditions are on the back page of the agreement the terms consist of: Schedule of default & costs Data protection act notice Customer data Is this what you mean by proscribed terms? Also I have notice there is nothing on the agreement that tells me I have a right to cancel, does this make it unenforcable? Last but not least: Im confused with the amount of APR, my borrowing was £7500, they have charged me £1866 for the the loan, and the total to pay back is £9366, at a rate of 6.4% - Does this sound right to you. This is my last shot at this, to find out once and for all if this one is unenforcable. Thanks again for all you help

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Morning Tendogs, Ok I really need your help, I cannot get the CCA on here but have been doing my research with all the information you have given me (thanks) and this is what i have come up with, please let me know if you think my CCA is Unenforcable: The terms and conditions are on the back page of the agreement the terms consist of: Schedule of default & costs Data protection act notice Customer data Is this what you mean by proscribed terms? Also I have notice there is nothing on the agreement that tells me I have a right to cancel, does this make it unenforcable? Last but not least: Im confused with the amount of APR, my borrowing was £7500, they have charged me £1866 for the the loan, and the total to pay back is £9366, at a rate of 6.4% - Does this sound right to you. This is my last shot at this, to find out once and for all if this one is unenforcable. Thanks again for all you help

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Hi Tendogs im on a downer today,thanks for posting the examples to be honest i am still none the wiser, so i have scaned them and sent them to my home address and will try and get them on here with photo bucket, i really want you to have a look for me, as i recived a letter today from them to say that i have to pay the arrears before the 8/4/09 or they are taking further action: a. Terminate loan agreement (ok) b. Exercise out right to duduct money from a credit balance on any other account you have with us (ok dnt have any other accounts) c. Demanding immediate payment of the total amount owing under the agreement. ( what apart of i cant pay do they not understand?) d. If payment is not received, instruct a det collection agency and or take legal proceedings against you for the outstandingbalance and if this results in us obtaining payment in full before the sum would have become due under the agreement, we will allow any appropriate rebate of charges. I know these are just threats but I still feel pretty bad about them, i know there is worst still to come, can they really demand the whole lot from me? I mean surley they can see if i had that sort of money i would be paying the monthly payments. Thanks

Morning tendogs, its always the way isnt it when you need or want something to go your way it never does, life always seems a battle. Ok I need to figure out what to do next im going to try and scan the doc for you to have alook at, I will try this tomorrow. I think the terms and conditions are printed on the back of the letter, so looks like they have photo copied it but to save paper just stuck it on the back. On Wednesday i need to send out the letter to the others who have failed to send me my CCA's, so the battle commences this takes a while doesnt it, but while i have a dispute with them they are not chasing me for money so thats always a good think I can be stress free for a few more weeks. Thanks again

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Morning, good luck today. Im not sure I have tried taking a photo but you cannot really see anything i will have a think im wondering if i scan it to my email in work can i add it to photo bucket that way? I will have another look at it when i get in tonight it is printed on 2 pages and I think the terms and conditions are on the other page is this what you mean? Whould they sell the debt first before it goes to court?

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Hi tendogs, looks like my agreement has all of the above, although it does not state the acual date the payments should be made, its says that the payments will start 2 months after the date of the of the agreement, apart from that i have nothing to go on. What is the next step with this debt as they still telling me i need to pay the arrers and the £1 token payment is not acceptable. Where do i go from here? Thanks

Hi Tendogs, got my CCA back from another creditor, Im not able scan a copy, but it is a photo copy of the agreement, is signed my myself and husband dated 15/6/05 and under that they have signed it and the date is 14/6/05 are they supposed to sign it before me? also the date is printed not written does this seem suspicious to you? Not sure what makes an agreement unenforcable? thanks

Thanks so much tendogs, nothing like being 1 step ahead, so do you think i sould send this letter out on 27th or leave it a few more days?

Hi Tendogs Tomorrow is the deadline date for my other 3 CCA's i sent out, and have not recieved one from them, a good thing or a bad thing im not sure I think the fact that the accounts are now in dispute is a good thing as they cant ask me to pay at the moment right? What is the next step if i dont recieve my CCA's by tomorrow, is there another letter I should send to them asking why they have not sent it? Thanks again

Hi Tendogs, thanks for the letter i will send this off on Monday so fingers crossed. Will speak soon about PPI and will have look at the link Thanks again

Wonderful thanks

Hi Tendogs did you manage to find that letter for me? Thanks

Oh and tendogs is there anything i can do with this as i do have the documentation regarding the insurence?

Hi tendogs, thanks for replying, and a letter to send would be great. Re them finding an agreement at a later date is fine, im hoping by then my situation gets better and if it does happen i will be able to start paying again. Thanks again