Well MH have replied to my follow up letter telling them their 12 days was up. All they've put is basically a repeat of their 1st letter saying they have written to the creditor and the account is on hold for a further 40 days. I will be writing to them again stating that the 12 days is up so they can wait 40 days or 400 it wont make a difference.

This is what I will be sending. Ignore the dates, they need changing. Dear Sir/Madam Thank you for your letter of 4th December 2008, the contents of which have been noted. 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 24th November 2008 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 11th December 2008. 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 you enter into a default situation. 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 on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to Makenzie Hall. I require the following action from Makenzie Hall : 1. All payments made to date to Makenzie Hall for this account should be refunded in full, including interest at the rate of 8% per annum. 2. Removal of all defaults entered by Makenzie Hall. Note this is to be a complete deletion and not merely an amendment. 3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years. 4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Makenzie Hall or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. I look forward to your reply in writing only within 14 days to resolve the matter amicably. Yours faithfully

MH have just phoned my wife asking fo the 2nd instalment for this debt. My wife reffered them to their letter in response to our CCA request in which they said the acct was on hold. They admitted that they were unlikely to get this information but apparentley this doesnt matter as my wife still needs to pay up. My wife then mentioned the fact that the debt is statute barred but apparently according to MH it isnt because she made a payment last month. They are complete A holes!!! I will compiling a follow up letter to them shortly.

Ok so to clarify, now that the 12 days is up I can write to them as they have not supplied me with the CCA. There is no further limit of 30 days and their letter stating that they have put the account on hold for a further 40 days is nonsense.

Funny you should mention a refund, I was thinking a long the same lines. As they cannot prove my wife owes the debt then they have no right to collect payment. I think I will include that in my letter to them. What Im after though is some legal wording that says they have failed to comply with my request within 12 days and that there 40 day limit is nonsense. I have just read on another forum though that they can put it on hold for 30 days. Is this the case? It all seems rather confusing.

Ive just checked and the 12 days that MH had to respond with a copy of the credit agreement is up today. Is there a template letter on this site I can use in this situation? Ive had a look but cant see where they would be.

Thanks again for all your advice. I guess the fact that they have returned my payment means that they probably know they cannot prove the debt. I will just wait and see what happens.

Yes, the first time we heard about it was when we received the letter from Makenzie Hall. They of course could provide no information as to what the debt was for hence my letter asking for proof.

Thanks but thing is we have made a further payment since the debt was created. What I need I guess is a letter template that is the next step when the DCA do not provide me with the credit agreement after 12 days. I can then add that the debt is over 6 years old and that in that time we have heard nothing and made no payment until recently.

Ok thanks for the advice. What would you advise my next step to be? Should I write back to them reiterating the fact that they only have 12 days to supply the information and not 40? If yes then should I mention that the debt is statute barred?

Thanks for the reply. I thought it only remained statute barred if you do not acknowledge the debt or make a payment. Thats what ive read on other forums anyway.

Hello, this is my first post on this forum. My wife received a letter from these idiots a few weeks ago regarding a debt she doesnt remember from 1998. Panicking she phoned them and paid half the agreed amount which was around £480, agreeing to pay the other half next month. After the initial payment I did some research and found that we could have written to them quoting to the statute barred rules and not paid a penny. What I did do was write to them quoting the credit consumer act asking for a copy of the agreement enclosing the necessary payment of £1. They replied (enclosing my postal order) saying that collection was on hold while they write to the creditors for the agreement. If they cant get a copy within 40 days they will close their file and return back to the creditors. What my question is do they have 40 days to respond to me or are they still bound to provide me with the relevant agreement in 12 days?