Thanks Palomino. I did try myself and sent a number of the template letters off. The difficulty I had was the confidence to know what I was doing as I am with CCCS paying £50 pm off currently and was worried that once I stopped paying, I would end up in more difficulties. I also lack the legal knowledge to know what to do at each stage and as my debts have been sold on from the original credit card companies, I found it even more difficult trying to resolve it. In addition, I did put a few posts on here and sometimes I was not getting any replies, so I thought if I pay someone it would address my concerns.

Hi all, I'm hoping for some advice please. I have 4 credit cards all pre 2007 and hope the agreements maybe uneforceable. I did try about 6 months ago to follow the process DIY using the letter templates, but found it difficult to keep on top of and see it through till the end. I am with CCCS (debt management service) and therefore some of the debt had been sold on making it more difficult to pursue with confidence. I had a call from a representaive of claimback Uk and they have advised they provide a no fee no win if I decide to go with them. In essence, they have said it will cost me £250 per card (so £1k in total) if they successfully render the agreements unenforceable and obviously free of charge if any are enforceable. I would like to know if these types of companies are reputable or are there dangers I need to watch out for? Also are there any other providers who could do it cheaper, if so who are they and how much would I be looking at paying? I have asked them to see what the cheapest they will go to and they are going to call back on Wednesday. I lack the time and confidence to do it myself, so would really appreciate some help on this. Many Thanks

With the DCA's that haven't contacted me then, do you propose I just stop paying them through CCCS? Should I stop paying all DCA's through CCCS altogether? I'm conscious that they'll all start bombarding me with collection letters / calls again.

I've already sent them this recorded delivery on 17/07/09

Ok - I'll have a look at doing that this evening. On the issue, what would you propose I do with the other 3 DCA's who have not provided me with an agreement yet or even a reasonable response? Is there any other letters I need to send to them? Am I right to feel nervous abhout stopping paying my creditors? I was considering letting one of those companies do this on my behalf, but felt they charge extortionate fees and would try to do it myself with the help of caggers & then make a donation if I was successful.

Not immediately, I haven't a scanner and I'm not sure how to take a picture in 'macro-mode' I may look to buy a scanner this week then and load it up.

I sent Capital One the letter above Re: my request under the Consumer Credit Act 1974 - I have received a reply dated 28/07/09 with the following: As I've already explained, in accordance with section 78 of the CCA 1974 and the CC (Cancellation Notices and Copy Documents) Regs 1983, we've provided you with a copy of your original agreement, and if any terms have been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature were ommitted from the copy provided as permitted under regulation 3 of the CC (Cancellation Notices and Copy Documents) Regs 1983. You clearly have a valid and enforceable credit agreement with Capital One, as evidenced by these documents and any claim to the contrary will be strongly defended. Your account status remains defaulted and the balance currently due and payable is £11454.07 I understand that under section 10 of the DPA, you want Capital one to cease processing your data. You are not entitled to serve a notice under section 10 due to the fact that Capital One informed you when you applied for your credit card and in the terms of your agreement how your data would be processed and you gave consent to the processing of your data by signing your credit card agreement. The processing of your data is necessary to enable Capital One to perform its obligations under your credit agreement. The processing is necessary for the legitimate interests of Capital One and the credit reference and fraud prevention agencies to which it is disclosed and is not likely to prejudice your legitimate rights, freedoms or interests. The Information Commisioner has confirmed that it is appropriate for the credit reference agencies to retain this data for six years after the account was last active. Your notice is entirely unjustified and inappropriate and as a result, Capital One is unable to comply with your notice. It is important that you maintain payments as your account balance consists of transactions that you have made. Failure to do this may result in negative information being recorded on your credit file, which may affect your ability to gain credit in the future. The information we have recorded with the credit reference agencies is an accurate reflection of the way you have managed your account and we will not be asking the credit reference agencies to remove this information. You stated you feel your account is in dispute. I would like to advise that we do not consider the account to be in dispute as we have fulfilled on what you have already requested.. Therefore, we will continue to pursue the outstanding balance and will defend any application you may wish to bring against us. Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the Financial Ombudsman Service within 6 months from the date of this letter. Can anyone please help as to what I should do next please? I am currently paying CCCS £50 per month to cover token payments to all of my creditors (4) and so far I haven't been pestered for any more. I am wanting to get my debts cleared so they are unenforceable, but I do feel out of my depth a little and don't want to create more problems where they are enfoceable and things become heavier. CCCS have advised me that if I miss payments to them they will not help. On another note, I have sent the other 3 Debt Collection Agencies the following letters http://www.consumerforums.com/resour...ibed-timescale

Thanks cerberusalert, I'll do this asap. Would you recommend that I send all letters to them recorded delivery? Do I need to send the DMA's a copy of the letters as well? With regards to Cap 1, is it likely they do not have a signed agreement as they would have sent me it or am I being too optimistic at this stage? What do I do with APEX who said they have forwarded the request on - I assume send the same letter as I am to the other 3 companies? Thanks 4 your advice - much appreciated.

Hi, Following some great advice on here to challenge my creditors to see if 4 CCA's were enforceable, I was advised to send the DCA's requests to provide me with the CCA's. The 12+2 days are now up after having sent the DMA's my CCA request along with £1 postal orders on 10/06/09. I have had a response from APEX dated 11/06/09 who have advised that my ac has been referred to Goldfish to provide them with a copy of the signed CCA. They will endeavour to forward this on as soon as they receive it. Capital One have sent me a letter dated 15/06/09, in summary it says please find enclosed a copy of my credit agreement as requested. In accordance with section 78 of the Consumer Credit Act 1974 & the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, this is your original agreement, and if any terms have been variedthen the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature have been ommitted from the copy provided as permitted under Regulation 3 of the Consumer Credit Regulations 1983. Under section 78 we are not required to provide a copy of the default notice and statement of default. However can confirm that a statement of default was issued on 7th Dec 2008. Please contact me again if any more enquiries. * Couple of things - I have not had a response from 2 other companies yet that I sent my request to. What do I need to do on this matter? Also as I don't have a scanner - is there any other way I can load the actual docs they send me for you guys to look at without the need to type the documents out word for word? Do I need to try to get the agreement which was included with the letter from Capital One loaded onto my thread somehow or the fact that they haven't provided me with a signed copy is that a good sign that it's not enforceable? As ever, any help is greatly appreciated as I don't know what to do next with regard to any of the above. Thanks - Dave

I'm back again... The 12+2 days are up after having sent the DMA's my CCA request along with £1 postal orders on 10/06/09. I have had a response from APEX dated 11/06/09 who have advised that my ac has been referred to Goldfish to provide them with a copy of the signed CCA. They will endeavour to forward this on as soon as they receive it. Capital One have sent me a letter dated 15/06/09, in summary it says please find enclosed a copy of my credit agreement as requested. In accordance with section 78 of the Consumer Credit Act 1974 & the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, this is your original agreement, and if any terms have been variedthen the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature have been ommitted from the copy provided as permitted under Regulation 3 of the Consumer Credit Regulations 1983. Under section 78 we are not required to provide a copy of the default notice and statement of default. However can confirm that a statement of default was issued on 7th Dec 2008. Please contact me again if any more enquiries. * Couple of things - I have not had a response from 2 other companies yet that I sent my request to. Also I don't have a scanner - is there any other way I can load the actual docs they send me without the need to type things out word for word? As ever, any help is greatly appreciated as I don't know what to do next with regard to any of the above. Thanks - Dave

Many Thanks Ida, I'm going to get these sent off soon. A couple more questions for anyone... (sorry) If the agreements are unenforceable, what happens next? Do I just stop paying the debt's? If I do just stop paying them, will I still be pursued regularly with threats to pay the outstanding debt(s) or do the debt management companies recognise that they are unenforceable and therefore close the matter?(wishful thinking) How will I know that they are 100% unenforceable? I would hate to do all this, stop paying them and then it comes back to bite me on the proverbial and put me in a worse position. I understand that the debt will not be written off, just unenforceable. What exactly does this mean/do to my credit rating? I don't envisage getting credit anytime soon, but can the debt ever be removed from my credit reports? Thanks again... dave

Thank you for all this useful info. Still a few questions if thats ok.. Can I continue paying £50 via CCCS and look to obtain my CCA's to see if they are unenforceable? If yes, should I go to the original Card companies or the companies who now own the debt? Am I likely to find it more difficult to make they unenforceable now they are with debt management companies or is this irrelevant? Given that people have been claiming againist unenforceable agreements for a number of years, is it harder to prove this now? (ie loop holes/laws credit card companies have now introduced to make them enforceable?) Sorry these are probably basic questions, but I haven't a clue about a lot of this and I am considering challenging them. For a novice like me, are there any starter letter templates I can use to get the ball rolling? Thanks again for your help, I will need you all at some point agian in the near future...so don't go too far! BTW - I am fairly ok with navigating sites & the tinternet in general, but I do find it difficult adding posts/finding posts/threads etc on here. The only way I can find the answers to my post is to do a search on my username Does anyone else find this?? Probably me just being a dope though.

Hi all, I'm a new user and I have tried to scour the posts to see answers to my specific questions but still unsure so any help would really be appreciated. I have around £32k of debt originally built up on credit cards all prior to 2007. It is only since hearing adverts on the radio indicating that some agreements may be unenforecable that has prompted me to even look into this. I recently worked on bank charge complaints and became frustrated with companies charging extortionate rates to get the charges back that people could do themselves relatively easily. My problem is that most if not all of my debts have now gone to a Debt Management Company. I am not overly harrassed by them and currently pay £50 a month between them all via CCCS. Am I best just continuing paying this £50pm forever or will I at some point in the future be pressured into increasing these payments? (I have got a better paid job than when I first gave my budget but haven't disclosed this - Is this also the wrong thing to do and will this backfire on me?) Should I look to contact my original credit card companies and ask them for the original CCA? or do I need to contact the Debt company now? Should I infact not even rock the boat and not look into this anymore? I'd be over the moon if I could avoid paying it back, but worry about the implications of this as well. From reading the threads I am concerned a little about stirring up a hornets nest. My main concern is my debtors securing my property against the debt should it ever be sold. I would be grateful for any advice whatsoever as I am a complete novice and don't want to get in too deep. Dave