Hi everyone - so sorry for starting another thread but I am in full blown panic mode now as time is running out. All the information can be found here: http://www.consumeractiongroup.co.uk/forum/showthread.php?277281-Is-this-agreement-enforceable I just don't know what I should or should not being doing... can someone please help. I am feeling sick just thinking about this... Thanks Mo

Good morning, and thanks everyone for the help yesterday, although my confusion still stands... besides the SAR to HFC, what should I be doing or not being doing in as far as TBI are concerned... I guess its the word "court" in their letter that is making me a tad nervous about ignoring them completely, especially as I have no real idea what a default notice means and what their next course of action is/could be... help!

Thanks again for replying... That would be HFC... will have to see if I can actually read the address on the paperwork - do I need to say anything to TBI? I am getting very confused by the agreement being enforceable or not because of some of the wording/quality of copy etc... Off to bed now as early start tomorrow... but I will check in here from work... thank you

Hi and thanks for the reply... I did miss a few payments, was made redundant twice within a couple of years, but the CAB arranged for me to pay it off at £5 a month... pretty sure I never received a default notice then... I was again made redundant last year in March, and had no money to really pay anything or anyone (JSA only), but I did my best as and when I could. I now have a job again, but was still sorting out my debts (asking for agreements etc) so made no more payments. Received the agreement/default notice when I posted them here... and then received the statement at the end of last week... Still have no idea what I should or shouldn't be doing next...

I only have six days to respond to them before they unleash whatever hounds of hell they plan to set on me next... I am completely confused as to where I stand and what my next move should be... do I ignore them, do I write and tell them to "foxtrot oscar", or do I offer a payment plan? Please can someone take pity on a resident of the Twilight Home for the Perpetually Bewildered and point me in the right direction - thanks

This was signed at PC world for a computer... if it is enforceable then I am more than happy to offer them a payment plan... if it isn't then... As far as I can see, they are asking for the full amount. They sent me a statement the other day: This statement is being given to you as required by the Consumer Credit Act 1974. Customer Account No: xxxxxxxx Assignor: HFC7 Bank Limited Statement Period ("the Period"): 01/10/2009 - 30/09/2010 Annual Interest Rate for the Period: 0:00% Balance owing on the first day of the Period: £631.80 Balance owing on the last day of the Period: £601.80 I await advice because I am completely confused now...

This is the letter that I have drafted to send: Thank you for your letter of the 20th October 2010, the contents of which are duly noted. Pleased be advised, that although your Default Notice looks accurate, the agreement that you provided me with is unenforceable. You therefore have no claim against me, and I kindly suggest that you should return this account to the original creditor so that they may deal with my dispute. Yours faithfully

Thanks guys - letter has been sent by "you can't deny you received it" mail today! Apex have now joined the game - I wrote and told them politely to foxtrot oscar as I had written to L-TSB telling them that it was not our fault that they started playing Musical DCAs after we had negotiated an agreement! Today we got a letter from Apex saying that their client had received no such letter... this is my response: Thank you for your letter of the 4th November 2010, the contents of which are duly noted. Please see the enclosed, which proves that the letter that I sent to Lloyds TSB on the 22nd October 2010 was received by them at 07:12am on the 25th October 2010. I therefore suggest that your client searches their files just that little bit harder. I reserve the right to report their behaviour to the Financial Ombudsman, and any other relevant organisation. Got a lovely letter from Apex of the weekend.. went a little like this: We've done some investigations and we believe that you can pay... so call us because we are not going to go away Bless their little debt collection agency hearts - they could be nominated for Poet Laureate!

Thank you BB, I will deal with that tomorrow x

OK, have been ill for weeks, but am finally facing all these letters head on. The Lloyds TSB one is their headed paper but Moorcroft's address... is there a template letter before action or can I just concoct one using the phrases above? We wrote to a DCA for the CCA, and then Moorcrap wrote to us telling us that they were taking action, we wrote back saying "in dispute" and the letter we got showing that they had swiped the £1 was the last thing we got. Thanks

I know mine was signed on the premises. So, if I am reading you correctly, as there is no name/address of who or where to contact to cancel the agreement then the agreement is not enforceable... I just want to be sure so that I am saying the right thing in the letter... sorry for being a pain in the arse...

Car, thank you, you have made me smile for the first time since I got this letter... So the agreement is unenforceable... can you explain to me why... it's not that I don't believe you, just that I am more than a little brain dead at the moment... TBI are the company who provided the CCA... they are a debt collection company or something... periodically they sent me compliments slips inviting me to call them - an offer I obviously and regretfully had to decline Thank you again

Apologies for sort of thread-jacking but can anyone take a look at my thread "Is this agreement enforceable" and see the default notice I got yesterday... I need a bit of guidance... thanks, MorganaNK

I have the Blacklist app on the iPhone... very useful for getting rid of unwanted callers... in fact I changed to an iPhone just so I could have this facility!

Going to sound completely pitiful here but can someone please help me out... From reading some of the other threads around here it seems that they can only ask for the amount in default and not the full balance - is this correct? And if it is what is my next step? Thanks

Just got home and found this... I know that I can't ignore it... but what should I do next? It was sent normal post (36p) from Reading yesterday... please advise scan0004.pdf

Hi Jimbo... like the letter... shame a length of 2x4 isn't a legitimate response I am going to SAR, but I am also going to write to them

Thanks again... I will do the letter, and I will report them (they are going to be very sick of us as I am already battling Barclays through them and have reported others...) SAR never actually got sent due to my Grandfather falling ill and being in and out of hospital... which meant me and my car got to know the M25 more intimately than I ever wanted... he has only just come out of hospital again now, and Mum is looking after him whilst I try and sort all of this... I will SAR them asap... Thanks Thanks x

Is the SAR the one that costs £10? Can you link me to the letter please? Thanks for all your help...

Cheers Hon... advice and confirmation much appreciated... x

Sorry guys, but I really need to deal with this as Mum is getting worried... I will make a complaint to L-TSB, but in the mean time, can I write to them saying that we had an arrangement with Wescot which they broke when the transferred the account to Debt Managers, and that we would stick to the arrangement if only they stopped mucking about... and that they have no chance of getting and I&E from us... all help gratefully received... thanks I don't actually recall this being for an overdraft - they closed my account, I am sure it was for a loan and for a credit card... what should be my next step with this issue... however much I may feel like it I know ignoring them isn't an option... I am about to send out the letter before action... just checking that this is the right thing to do... ???

Got a second letter from them basically saying the same thing... and a lovely letter from Robbers Way asking where they have gone wrong because I will not contact them!!! I am trying to find the default notices etc, but as I have moved I wouldn't bet that I actually still have them - what do I do in the meantime... if anything? LLoyds wrote and informed us that the account was being handled by debt morons... sorry, I mean debt managers... mum has now had the "We have been informed you don't want to play ball and that we should take legal action... if you can't pay it all in ten days then we will need an income and expenditure form" Can I write to them and say "We have never refused to pay, we just object to the way that this has been handled... changing agencies, not notifying us until we kick up a fuss etc..." Can anyone advise???

They state it is for a loan... happy days!

Thanks... will have a look for the info... but as I have moved I may not have it... if I ever did! x Wrote to L-TSB on behalf of mum with a CCA request... heard nothing... today we get a letter from Moorcroft on L-TSB paper. They call this a statement... and they used the £1 as a payment on the account! I know they aren't supposed to do this... whose legs do I need to break???

The copy I have is that bad! I will have to read your thread Car2403... I find agreement enforceability highly confusing!