Cheers Vint

Thanks Vint1954 Yeah I had a look in the library and was a little confused. There is an identical "credit agreement" : 2003 Enforceablility : There is an issue of legibility so very likely not However, would be enforceable if a legible document were to be produced because - There is a signature on Page 1 and Prescribed terms on Page 2 Comments: No link between the two pages. Reference to condition 11 on front, but not on back. No default charges detailed as in Note 1: Think MBNA are trying to suggest that both of these items were both sides of the same document. I can't remember from 2003 but I doubt whether it is an enforceable cca. So far MBNA say they won't do a FF&S for less than 90% and you have confirmed my fears about a partial settlement.

Thanks Elsa - really appreciate your help!

HI Elsa Meant to say that I have been paying £50 per month to RBS as a reduced payment and the interest is frozen. Will cancel the monthly payment and hopefully that focuses their minds. They have already defaulted me so their options are limited I would imagine. I suppose they could pass it to a DCA but they cannot enforce it either. Hmmm - don't know what's for the best. Alan:confused:

Hi guys I CCA'd RBS back in March/April - they replied that they cannot find the Credit Agreement and although they cannot therefore enforce the debit, they expect me to pay. The balance now is £9,600 what would be an reasonable ff&s offer? (bearing in mind they cannot enforce) The account has already been defaulted in 2008 so I would like to tie its removal into the FF&S Any advice on how I go about it?

Hi All Would really appreciate MBNA advice. I have been made redundant and over the last few months I have been negotiating with MBNA for a full and final settlement. The balance is £4500, I am 3 months in arrears but no defaults so far. Thay offerred £1300 as a "part Settlement" and said in writing that the account would be closed and that they would not come after the rest. Obviously, I would like to negotiate a full and final settlement. I CCA'd MBNA and received this on a double sided photocopy: Firstly, is this enforceable and if so how can I use it to pressure MBNA into accepting a FF&S How bad is a Partial Settlement on my credit file? Don't want credit but need to change mortgae in 2011 (with Northern Rock until then) Any help would be great Al

Thanks Boo - will give it a go

Hi All I really need some help regarding an issue I have with EOS /Actio/Freemans Catalogue. I sent EOS a CCA request back in March. I received a reply saying that Freemans could not locate the document and that they will be closing the account and no further action will be taken. However, I was checking Experian and the default was still there. The outstanding amount is £195 of which I could pay a sizeable amount as a FF&S. What should I do now? Obiously I want to use the FF&S to remove the Default. Any particular letter I can use? Cheers Alan

Yeah - will go with that one: short, sweet and to the point. Waiting game Cheers Al

CitizenB I was going send this to them: Dear Sir/ Madam Thank you for your recent letter sent to me dated 12 March 2009, the contents of which are noted. However, the reply received by me does not fulfill your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 19 February 2009. Upon receipt of the original request the specified account legally entered into disputed status. My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You had until 9 March 2009 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party). To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office. The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 09 March 2009 and may subsequently commit a criminal offence on 9 April 2009. Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future. Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. Communicate in writing and ONLY in writing, your telephone calls will NOT be answered. To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me. I would appreciate your due diligence in this matter. I look forward to your reply. Yours faithfully What do you think? Cheers Al

Thanks for your reply, citizenB. I don't think we got a Default notice (can't find any in our records). I just started getting letters from Blair Oliver & Scott. We have been paying a reduced amount to Bank Of Scotland since Dec 2007.

Guys I posted this on HBOS but I haven't had much help. Can anyone have a look and tell me if this is enforceable: http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/190044-bos-cca-what-do.html#post2052862

Thanks Lexis. I will get Rory's letter printed and send it recorded tomorrow. Just want to get them out of my life! Al

Hi Rory and everyone was wondering if someone could check out this reply from RBS (visa card) and advise what my next step is. Was thinking about trying Rory's letter. I know the cannot enforce the debt in court but I would imagine they will keep pestering me. My aim is to get as good as Full and Final settlement as possible and thereby have the default "satisfied" Balance is £10k and I'm on reduced payments of £50 per month direct to RBS. Can someone also clear up whether they can only default once on the account? The default was registered April 08? Reply below:

Can anyone help with what my next step is with this? Which letter should I send?

Thanks craigers Any ideas what letter should I send now?

Are these enforcable? What should I do next Cheers in advance Al Ps Is there a neater way of posting images?

Continued:

I also received the following:

Hi all I have a BoS mastercard which I defaulted on last March. I am currently paying reduced payments towards a balance of £10k. I sent a CCA request to them and I received this letter:

Here is the Allied Letter:

Hi maroondevo52 Yeah there will have been some charges on this account. I have a letter from RBS themselves telling me that the CCA 1974 does not apply to the current account. But it looks like they still have the debt and are using the DCAs to collect.

Hi all We have a defaulted current account with RBS - outstanding balance of £1500. Last month, I CCA'd all our creditors including this one. I didn't realise that the CCA request does not work with current accounts. Anyway, we had been paying token payments to Intrum Justitiabut they then replied that the account is on hold while they try to get the original agreement! Now over the last week we have had several phone calls from Allied International. I told the guy that we would not be discussing anything on the phone andto contact us in writing. Lo and behold today we receive a letter from Allied concerning the very same RBS account we have been paying Intrum Justitia. What should I do next? The Allied guy is a bit of a bully. Thanks in advance.

its worth a try!

That's what I feared. Looks like I better get negotiating. Any suggestions for an opening offer? Balance is £4k.