Thanks for the quick response ! I have had a look through a few similar posts, however, in the majority of cases, the accounts are in dispute, etc etc. Mine arent, they are just balances sitting there that i always make the min payments on. I cant do it any longer tho (havent fallen behind or anything) but my wife is on maternity and we will soon be on a reduced income. In my mind, why would the bank accept anything less than 100% when i am up to date with payments etc. Thats my real query. At the end of the day, if they dont accept anything less than 100%, they will just get all there money or continue to receive min payments. I dont want to ruin my credit file or similar.

all, approx 30k on cards. Just managed to get a loan for 20k with wife, got the loan for debt consolidation. As this is the max i could get, i wondered whether it was poss to write to each provider and ask them if they would accept 60% full and final settlement. I am not behind with payments, might have missed payment date by a day or two on a couple of cards but nothing major, have average credit score etc. I just want the credit cards behind me and move on with the consolidated amount. Anyone got any experience of this situation?

I fell in the trap moving home, doing work on the house funded through credit cards with the intention of a remortgage to repay cards and then obviously repaying over a prolonged period at a low rate. With house prices falling like they have, I cant remortgage due to loan to value issues, all the inticing low rates on credit cards have long finished and I am stuck in this mess. Incidentally, all my CC providers have been lowering credit limits and increasing interest rate. I thought it was just me being picked on and promted me doing the CCA requests I have done. After considering the next course of action though I must admit I chickened out as felt I could never win, I would get in too much of a mess. Thanks for giving me your point of view, its useful to know how other people go about things. In my case, I just dont want to ruin my credit file, I suppose thats my overriding concern as otherwise i would just stop paying for a while until I was straight. How they will ever eventually be repaid is another matter !!

Thanks for the response. Since receiving the documents I havent replied to them as I have more or less given up thinking there is a way out of it. I continue to make the payments - I admire people that take on the banks but I have a mortgage, wife and kids. I cant take the risk of having ballifs knocking the door taking their stuff away. I am resigned to paying the minimum payments (thats all I can afford) and having the debts sitting there forever. I simply dont earn enough to enable me to be able to pay them off. Every month i pay, about £1 comes off my overall balance. CCA requests seemed like a good idea at the time but they dont really get you anywhere. I was waiting for all these so called test cases in the hope things were clarified but I m no legal expert and I will have to leave the loopholes to those much more informed than me. For the people that get their debts written off or similar, its us left paying higher interest to compensate the banks !! A very viscous circle isnt it ! Thanks for all for the help.

Two questions - I hope someone can help with. 1) I received this CCA (attached) from MBNA a while ago now. I think it is enforceable as I had signed it. (Interestingly, another two agreements are still outstanding that were sent to MBNA at the same time as this one they have replied to) I signed the agreement at the time i applied, someone with a clipboard took my details and sent it off. Could anyone comment if this agreement is such that I should be standing my ground and arguing it is actually unenforceable? 2) I also have another I received which may be unenforceable, I have a bigger question regarding that situation. I am currently continuing to make payments as I dont want my credit score ruined. Does that mean I will be in a catch 22 situation? ie saying its in dispute but making payments. My main issue is I dont want them to say, thats it, we want the whole balance back now. I can hardly afford the minimum payments, let alone further demands. Even though a cca can be argued to be unenforceable - they can still ruin my credit file cant they? What options are there to avoid credit reports being ruined but claim an agreement should not be enforced. Is me continuing to pay weakening my position should it be drawn into a legal battle? Its all a little confusing regarding the actual logistics of dealing with these requests. I have followed quite a few threads with interest but I am still at a loss what the 'best' course of action is. Thanks everso for any help provided Credit Report Click link to open in new window. a and l.pdf

Thanks for the reply. I am currently continuing to make payments as I dont want my credit score ruined. Does that mean I will be in a catch 22 situation? ie saying its in dispute but making payments. Even though it can be argued to be unenforceable - they can still ruin my credit file cant they? What options are there to avoid credit reports being ruined but claim an agreement should not be enforced. Is me continuing to pay weakening my position should it be drawn into a legal battle? Its all a little confusing regarding the actual logistics of dealing with these requests. I have followed quite a few threads with interest but I am still at a loss what the 'best' course of action is.

thanks ever so much for taking the time to reply.

Thanks - i did try that, here is the first one i posted, I may have put the thread somewhere wrong though as I got no rplies first time around ! http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/230362-rbs-cca-request-received.html#post2551626

I have received 2 replys now - both are signed agreements, can anyone have a look and see what my next step might be pls?

Hopefully I have put the attachment on correctly. let me know if you cant see it etc.

I attaxch the info i received following a recent request. It is a signed agreement - i assume I am now in the enforceable camp?, or can someone point me in the direction of where I can attempt to read up on how to identify if it is or isnt pls. BOS.pdf

I have in my mind that there were some - more relevant - cases being heard on 8th Oct? did they go ahead?

So is there no answer? What are people meant to do? Seems a no win situation even asking for a copy of the agreement now. I can see the moral side of the argument you put but in my case and many others - I am worried about my financial situation as a result of rising unemployment and the crash in the housing market, I want to know my rights with respect to unsecured debt and if the banks have done something wrong - thats not my fault, they get paid to do things right - I have already paid what I borrowed in interest and charges so I am just a cash cow now ! I can afford to make minimum payments at the moment - so I do - Does that not say that I am doing all in my power to meet my commitments? I am simply more than a little worried I cant do it forever. As for your last comment - the honest answer is I dont know - however, will they not accept reduced settlements if the agreements are unenforceable? The more I read on the subject, the more it seems that challenging an agreeement is a bad idea. For example - best case, you find out it is unenforceable - what can you then do? dont pay - it gets chased by debt collectors and your credit file is shot. or pay and if go to court its payable anyway as you have recognised it. I am confused.

I am not currently informed enough to comment on the specific case here (although it doesnt sound right at all and the waters have been muddied further), however, I have recently sent CCA requests to banks. What I want to know is, how does this affect people challenging the validity of their credit agreements, does it simply mean you should continue to make payments until the question of whether the agreement is enforceable has been answered? If it is enforcable, pay as normal, if it is found not to be, should payments then be withheld? If you make payments as required, they cant note your credit file with adverse information can they?

I continue to pay my minimum payments though dont I ? Have sent off 5 of the requests today - spotted a case reported on bbc yesterday that was successful but that hinged on the insurance attached to it I understand. I dont pay insurance on any of the balances.