Hi Slick, The cards are well in dispute and no payments have been made for a long time; we are past all the DCA's stuff too now. I have only ever rec'd all the usual BC replies to CCA and Subject Access requests; it's gone quiet now - for the moment anyway!

Hi Slick, Oilyrag and Enamae, Thanks for the replies and yes enamae, I had already found the link you mentioned. However this is dated 2004 and I wondered if there had been any further update or examples in relation to CCA stuff. As you say OR, it would seem to be inappropriate for a bank to use an overdraft facility for set off. Although the right to draw against this has been given to the borrower, as you say it is effectively increasing one's debt and this option should only be activated by that person. We'l try closing the joint account once a Barclays loan has been cleared and see what happens. And request written confirmation that the funds will be used purely to repay the OD, charges and to close the account.

Hi Folks, I understand the basic principles of a bank's right of set off, especially in the case where one bank account in my own sole name, has a credit balance and this is used to repay say, a credit card's outstanding payments. However, can anyone advise on the following please: 1) Can an overdraft facility be used to claim set off? For example, if there is an overdraft facility on a personal account in my sole name and I reduce that to zero and ask to close the account, can the bank use that money as set off; ie bring the OD back up to its limit again? And in effect not close the account as requested. 2) In the case of a joint account that has an overdraft limit, if money is paid into that to reduce that OD to say zero, can the bank then set off that OD as above against one party's (disputed) credit card debt? In the case of a joint account, both parties would certainly be jointly and severally liable for the actual overdraft itself. And I would expect that in order to close the account, this would need to be repaid. But setting off the money paid in to close that account against say a credit card in my own sole name, would make the other party in effect, a guarantor of my own personal debt? I would expect a right of set off to only apply for any account in my sole name and only apply to a credit balance. And for any joint liability to be restricted to that of the joint account only. I have a personal account with one bank and a joint account with my wife, both of which at present have OD's on them, but we would like to close both accounts in due course. I currently have CCA disputes with both banks and in view of the banks' general behavior over CCA matters etc. it would helpful to establish the correct legal position here.

Mercers last acounts were made up to 31st December 2008 so it was a dormant company at that date. The company could however, have started trading on any day after that - say 1st January 2009. We will not know until the time for filing the next years anual accounts comes around.

Hi uteb, Thanks for the post. I have been following your thread, as you say, your case is a bit more complicated than mine. I look forward to hearing of developments and best of luck here.

Thanks; these were my thoughts. But I suppose it's worth including the defective DN issue in my defence anyway. Meanwhile I'll read up further on other Amex threads in readiness. Thanks again for your help.

Hi Shadow and thanks for the input. Mmmmm ... OK I'll have to prepare accordingly for court, in case it comes to that. I am happy for the court to rule on this. I guess the current Manchester cases will be complete before it gets that far, and the judgements there will provide some further guidance in readiness for my own situation. Meanwhile I am looking at the DN sent by Amex too. This contains the correct para with bold and underlined BEFORE THE DATE SHOWN etc. But the remedial text states "... must be received within fourteen calendar days from the date of service of this Notice of Default" There is no specific date mentioned; merely the date on the letter. Would this DN be regarded as defective? Or do you think they could successfully argue that "from the date of service" is sufficiently clear that the fouteen days allow time for service and do not run from the date on the letter?

Interesting para in the latest letter from Amex: "If you have retained a copy of your original Agreement, you will note that on the reverse of the Agreement are the original Terms and Conditions applicable to the account. It was only necessary for us to retain on our electronic systems a copy of the front page bearing the signature. This scanned copy has already been provided together with a copy of the Terms and Conditions which would have been on the reverse" The copy they are referring to is that shown further up in this thread. Am I correct in thinking that this would be unenforceable since the original could not be produced in court and the single page application form shown does not contain the prescribed terms?

Update: Amex issued a formal notice of cancellation whilst in default under a CCA request after I questioned what they had sent in response to this - (see above). And they have never replied to my SAR. Furthermore, I have now received a notice of a default sum letter (an account admin fee) dated after the letter of cancellation. Newmans are now on the scene trying to collect the entire balance. I would therefore appreciate some help on this matter please. If no enforcement is allowed whilst the account is in dispute, what is the positon now the formal cancellation has been issued? And how show I reply to Newmans? Thanks

Thanks folks. I have the proof of posting slips of course and as MTM says I realise courts merely rely upon ordinary mail and assume it has been delivered. This just seems crazy in this day and age! I appreciate letters to large corporate PO boxes may not be signed for, but at least some mention by Royal Mail that it has been delivered would be a comfort. I am sending SAR's via Special Delivery and all other correspondence via Recorded Delivery. I think I'll use this for CCA requests in future, just to be on th safe side.

Is anyone else having problems with Recorded Delivery? Despite the postal strikes being over, I am still getting some of my letters marked as "Item XXX was posted at XXX on XXX and is being progressed through our network for delivery." in their on line Track and Trace system. Periods now run from several days to a month! Is Special Delivery the only option now?

Hi Slick Thanks; duly noted. I'll keep up to date on other threads and see how things pan out for me; it's quite early days yet I suppose.

Hi Slick, Thanks. I opted for the perfect compromise in the end; I used both options! . Kept it simple for BC - who have only provided the usual T&C's so far in a CCA request and used the bullet points in another case where the company has admitted they do not have an agreement and agreed the account is now unenforceable. So thanks again for all the help on this superb Forum.

Hi Slick, Yes, just been reading up on amendments and things again and discovered that sub section (b) had been deleted, leaving only CCA 1974 Section 78 (6)(a) However, my main query was that the bullet points are so specific, whilst the above section of the Act merely states that in the absence of compliance with the CCA request, the creditor may not enforce the agreement. I think I'll just keep things simple in my reply and say that no enforcement proceedings may be taken. I have now book marked your link and will read up on the subjects covered; thanks. Gradually getting the hang of things now!

Hi folks, Can anyone point me at the authority for the following text contained in one of the library letter templates please? Before quoting it I would like to be sure of my ground on the various bullet points. Thanks 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 interest 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.