That's OK Bigdebtor. Thanks for the tip. I am just learning and it has been an uphill struggle. I am determined to keep going but when you receive bits in the post that sound so legalistic it sends the shivers through me.

Thank you Captain2. So basically, I should just keep writing my standard letters which are :- This is what I wrote to the debt collection company Experto Credite Limited Dear Sirs Thank you for your letter 17th September 2009, the contents have been noted. It would seem that you are of the belief that you/MBNA have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1). You have provided me a copy of an application form not a properly executed agreement form. Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement (Not an application), a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed These regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553 without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-- (a)Number of repayments; (b)Amount of repayments; ©Frequency and timing of repayments; (d)Dates of repayments; (e)The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable. Nowhere on the application form that you supplied is there any reference to these terms. I wish to remind you that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect. They must have been contained in a separate document, which is prohibited by the SI1983/1553, as there is no clear link to them within the signature document. Therefore, you have failed to supply an enforceable document, which is correctly executed as to be so; it must conform to the Regulations under s60 Consumer Credit Act 1974. I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 74, the consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement. I respectfully request a reply within 14 days of the date of this letter. Kind regards THis is what I wrote to MBNA Dear Ms XXXXX I write to express my disappointment in your illegal appointment of Experto Credite Limited to pursue payment on the above account. 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, as shown below. s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. I have not written them here for you as I’m sure you are well aware of them. Regulation 2 states: 2 Legibility of notices and copy documents and wording of prescribed Forms (1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a color which is readily distinguishable from the background medium upon which the information is displayed. As you have failed to fully respond to my legal request, this alone is sufficient for this account to remain in dispute. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. To register information with a credit reference agency, you must have written consent from the customer 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 To sum up, I will not be making any further payments to you until you provide me with the document I have requested. The resolution of this situation is within your hands. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies: • You may not demand any payment on the account, nor am I obliged to offer any payment to you. • You may not add further or any charges to the account. • You may not pass the account to a third party. • You may not register any information in respect of the account with any credit reference agency. • You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities that I have an on going complaint with. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter. Kind regards

Sorry guys your assumptions are wrong on two fronts. Firstly Zion is a girl and secondly I am in the same position as most folks on this site. It just so happens that the first time I post in order to get feed back, it did not quite work out. I have three outstanding cases on CCA agreements. 1.MBNA - £9364.24 2.Barclays - £4588.45 3.Sony style - £3725.79 On saturday I received a letter in the post from MBNA paraphrasing the excerpt that I posted this morning. I have been sending letters back and forth to these companies since March this year and they all seem to send the same reply. However, in September they sent holding letters saying they were looking into my complaint. I now realise they were waiting for the outcome of the McGuffick v RBS case. There are no sinister motives here on my part! I will copy and scan the letter shortly. Thank you and apologies for the confusion. Zion