I recently complained to the FOS about my credit card company adding charges an interest to my account whilst they hadn't responded to a S78(1) request in a timely manner. S78(6)(a) states that the credit can't enforce the account during this time, which is exactly what my CC company did, for four months until they finally managed to respond to my S78(1) request. As soon as my CC company sent a copy of my CCA and S78(6)(a) no longer applied, I continued making what was my minimum payment before they defaulted, whilst challenging the charges and interest applied whilst they were in default. Despite sending copies of all correspondance and evidence to the FOS, with me clearly explaining my situation and highlighting specific terms of the CCA, the FOS wouldn't uphold my complaint. What a farce. I thought the FOS were there to protect consumers? My CC company have blatantly breached the CCA, and the FOS won't help, despite me not doing anything wrong. I'm now in the region of £1000 down. Thanks for nothing FOS!

A while ago, I issued a request under S78(1) of the CCA to my credit card company (and not for purpose of trying to write off the debt, I have an issue with the interest rate they are charging and I wanted to check the original agreement). It took my CC company ages to respond, so I decided to stop paying them (as per S78(6)(1) because they had defaulted. It took the CC company another three or four months to respond, in which time they had continued to apply interest continued to apply charges instructed a DCA to collect on the account I dealt with the DCA with ease, due to the S78(1) request, however once the CC company had complied with the request, I resumed paying my 'normal' amount on the card, however the CC company refuse to back down and remove the charges and interest that the CCA doesn't allow them to apply. I'm looking at my options to have these sums removed from my account, and am just wondering if anybody else that has made a S78(1) request to their CC company has had any similar issues?

I have a creditor that has applied a charge to a fixed term credit account as a result of a direct debit being missed. I've checked my agreement with them (I always keep these and file them away), and the amount they have charged me doesn't exist anywhere on the agreement. The agreement does state they can charge me £20 for a failed DD, but have actually charged me £10 for it. The are also threatening to charge a further £30 administration fee if I don't send a payment (but they don't specify any timescale). The agreement does have a few specific charges they might apply, but nothing that fits this administration fee they are threatening to apply. (and no mention of any charge to a value of £30). Am I within my rights to challenge this charge? (and the charge the administration charge they are threatening me with?) p.s. If it matters, the agreement was signed last year, and pending a small balance (which I'm about to pay) and this charge, the account is going to be closed. I've had a quick look through the CCA I have a PDF of on my computer, but can't find any reference to how a creditor is allowed to charge under the terms of the CCA. I'm thinking of writing back to them, paying what I owe, challenging charges and threatening _them_ with a £30 administration fee. If they can get away with it when there is nothing on the executed agreement terms and conditions, then why can't I? Any advise would be greatly welcomed.

Thanks for that. It confirms what I was thinking.

Would someone kindly look at these scans (post 4 above), and tell me if they think they are enforcable or not? Many thanks.

This agreement dates back to 2004. I've spoken to someone at MBNA today, who obviously didn't know their consumer credit act from their sales of goods act, and I've pretty much said that I want to pay off the debt, but because they have been adding interest, charges and missed payments (which they can't do according to the CCA as they were in default), the statement is incorrect, and shows a minimum payment which is about 4x what it should be. (x4 because it took them four months to respond to my S78 request). Problem is, can I get away with witholding payment until they send me a corrected statement? I can't afford their incorrect stated minimum payment, but how much do I send? If I don't send the minimum payment they are requesting, they are going to continue harassing me and putting black marks on my credit file, and failing to acknowledge my letters. Maybe I should send them a token payment of a few pounds each month, with a letter reminding them of their error, and repeat until they either correct the error, or issue a court summons. I also have an issue with the APR. The Consumer Credit regs 1983 (which were in force at the time of my agreement) regulation 2(6) states: The back of my application form (ooops, I mean credit agreement), doesn't use this word "variable" at all as required by 2(6)b above, although they do use the words 'change' and 'vary', but not next to the APR rate. I might play on this (via the FOS) to try and get my interest rate reduced, and request that MBNA credit the excess interest they have been charging me for the past x years. - I dare them to argue this in court without the original CCA!

Yikes. That sucks! 17p, and they want £600 from you! That just shows how extortionate these unfair bank charges are. A dodgy loan shark wouldn't have charged you that much! I wouldn't worry about it in the slightest. Download one of the many template letters and get your claim in. At the end of the day, if they take you to court for it, the case will surely get laughed out! I bet a few newspapers would even pay a few quid for your story!!! It's amazing what a bit of bad publicity can do to rectify problems like this.

Don't suppose anyone would be kind enough to look at the above scans and give me their opinion on the enforceability of my CCA? I'd be so grateful if someone was also able to address my concerns in my first post?

Couldn't agree more, however credit where credit is due (pun intentional - sorry), this is a move in the right direction for the consumer and Natwest should be congratulated for doing this. I've an outstanding unfair claim charge with them, which grows every month, however I'm completely happy with the new charging scheme, and have no intention of contesting those fees (even if it were possible, which I imagine it won't be). I wonder how many banks will now follow suit, as Natwest suddenly becomes an attractive bank for many CAGers, the kind of customers that the banks like. Roll on this test case that keeps getting put off.

Here are some updated scans. These have much more detail in them. cca-front.pdf cca-back.pdf

Yeah, sorry, I didn't realise quite how bad those scans were. I've deleted them for now and will upload some new ones over the weekend, when I borrow a friends scanner.

I've just received a copy of my CCA, and it looks like it is okay to me. can anyone pick any holes in it? (my scan may not be too legible, but the copy I have in my hand is okay). Because my 'agreement' is an application form, does S59(1) apply, or does S59(2) override it in my case? - I don't understand what S59(2) is saying to be honest! Does it matter that the prescribed terms are on the back and not on the same side that I signed? MBNA now think they have settled my request under S78, so they are no longer under default. If I continue to withhold payment, do they still have to produce the CCA in court, and does it have to be the original item? or will microfiche (or copy of) suffice? Because they are no longer under default, do they even need to present the CCA to a court to get me to pay? Is it likely that MBNA only have a microfiche? And would this count as evidence? Another point, that whilst they have been in default, they have continued to add interest and charges, and they are now demanding payment of several months worth of payments that I've withheld whist they were in default. Surely CCA prevents this as they were in default, in which case, if I decide to give up, what is my minimum payment as their statement is now incorrect? Can I withhold payment on the grounds that my statement is still incorrect? I've read loads of posts on this site, but the more I read, the more confused I get. Please help! I really don't know where I stand.

It looks like an unexecuted agreement to me. Does S62(2) & S62(3) of the CCA help in your situation?