here is the BOS agreement even though I have never had a BOS card:: CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 This is a copy of your Agreement for you to keep. It includes a notice about ____________ your cancellation rights which you should read.____________ 1. PARTIES The parties to this Agreement are Bank of Scotland plc, The Mound, Edinburgh, EH1 1YZ and xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 2. KEY FINANCIAL INFORMATION 2.1 We will decide your credit limit and tell you what it is. We may change it at any time and will let you know about any change. 2.2 We will send you a monthly statement (including making the information available to you on a secure webpage if you receive statements in this way), unless there have been no payments into or out of the account during that period and the balance is nil. Each month, if the balance is £5.00or more, you must repay the greater of:- a) 1 % of the amount you owe us; or b) an amount equal to the total of any Credit Card Repayments Cover premiums, interest (or the minimum interest charge), over limit and late payment fees plus £5. If the balance is less than £5.00, then you must repay the full amount. Your statement will show the date by which you must make this month's payment. 2.3 The APR for the Agreement is 25.9% APR (variable). 3. OTHER FINANCIAL INFORMATION 3.1 The total charge for credit is £195.91, consisting of £195.91 interest. This is based on credit of £1,500 being borrowed at the start of the agreement over one year at the standard interest rate for purchases set out in condition 3.2 below and repaid in equal monthly instalments beginning one month after the start of the agreement. 3.2 Our interest rates are as follows. On balance transfers, related interest and charges On cheques, related interest and charges On cash advances, related interest and charges On purchases and all other amounts, except default sums Special promotion rate per annum (fixed) 0.0%* N/A N/A 0.0%* Special promotion period 12 Months from account opening. N/A N/A 3 Months from account opening. Standard rate (variable) per annum (compounded) 25.95% 27.95% 27.95% 25.95% *The special promotion rate will not apply to balances we agree to transfer to this account from other cards issued by Bank of Scotland plc. These will be charged at the appropriate standard interest rate shown above for the type of transaction originally carried out. We may apply the standard interest rate during any special promotion period to any transaction if in any month you do not make at least your minimum payment by the payment date or if you exceed your credit limit at any time. We will not charge interest on default sums. 3.3 We calculate interest on your average daily balance and charge it to your account on each statement date. The interest rates shown above are calculated by compounding the interest we charge each month over one year. The simple interest rates (not including interest being charged on interest) are:- Balance transfers 23.29% per annum Cheques 24.95% per annum Cash advances 24.95% per annum Purchases 23.29% per annum 3.4 We will not charge interest on purchases shown on your current statement, if you pay the total balance shown on that statement by the payment date (and have also paid the total balance on the previous statement by the payment date). On all transactions where we do charge interest, we charge it from the date we first charge the amount to your account. 3.5 If you do not pay the total balance shown on your statement, at the date of the next statement we will add the interest we have charged on the unpaid amount to the balance we charge interest on. We will continue to charge interest, at our usual rates, on any unpaid balance after this agreement has ended and both before and after we have got a court judgment. If we allow you to miss or reduce one or more monthly payments, we will continue to charge interest on the full amount you owe on your statement (including on the interest for that month). 3.6 We use any payments you make to pay off transactions that appear on your statements starting with those on which we do not charge interest, then those on which we charge interest at the lowest rate and so on up to the highest rate of interest. If the payment is not enough to pay off all transactions at a particular interest rate, we will pay off transactions charged at that interest rate in the order:- default sums, balance transfers, purchases, cheques and cash advances. If you pay more than the amount due shown on your statement, we will use any remaining payment to pay off transactions that have not yet appeared on your statement in the same order as those that do appear on your statement. In this condition, "transaction" includes the amount of the purchase, cash advance, cheque, default sum or balance transfer plus any interest, fees or insurance payment charged as a result of that transaction. For example, a cash advance fee is included as part of a cash transaction. 3.7 When we work out the APR, we do not take into account any changes to the interest rate, charges or fees. We may change these and also introduce new charges and fees which may affect the APR at any time by giving you notice under condition 14.2. 4. KEY INFORMATION 4.1 We will charge:- • £12.00 each month in which a minimum payment amount that should have been paid remains outstanding. • £12.00 each month if, at any time during that month, you go over your credit limit. • £12.00 each time a direct debit, cheque or other item is not paid, including a cheque which you write. 4.2 We will charge handling fees for cash advances, balance transfers and cheques; a minimum interest charge; and fees when you make transactions in foreign currency or pay us in foreign currency. We will also charge you if you ask:- • for copy statements; • to change your statement date more than twice in any six month period; or • to stop a cheque written to your account (unless the cheque was lost or stolen) The details of these charges are shown in conditions 5 and 8.1. MISSING PAYMENTS Missing payments could have severe consequences and make obtaining credit more difficult. IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement without getting a court order. The Act also gives you a number of rights: 1) You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement. 2) If you received unsatisfactory goods or services paid for under this agreement, apart from any bought with a cash loan, you may have a right to sue the supplier, us or both. 3) If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us. If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau. THEFT. LOSS OR MISUSE OF CREDIT CARD If your credit card is lost, stolen or misused by someone without your permission, you may have to pay up to £0 of any loss to us. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable to us for losses which take place after you have told us about the theft, etc as long as you confirm this in writing within seven days. YOUR RIGHT TO CANCEL Once you have signed, you will have for a short time a right to cancel this agreement. You can do this by sending or taking WRITTEN notice of cancellation to: Bank of Scotland plc, Card Services, Pitreavie Business Park, Dunfermline, Fife KY99 4BS. If you cancel this agreement you, will still have to repay any money lent to you. But if you repay all of it within one month after cancellation you will not have to pay interest or other charges. Any money you have paid must be returned to you. Any goods which you already have under the agreement, apart from any purchased out of a cash loan, will have to be returned. Such goods should not be used and should be kept safe. (Legal action may be taken against you if you do not take proper care of them). You can wait for them to be collected from you and you need not hand them over unless you receive a written request. You will not, however, be required to hand back any goods supplied to meet an emergency or which have already been incorporated, for example in your home. But you will still be liable to pay for emergency goods or services or for any goods which have been incorporated by you or one of your relatives.______________________________________________________ CANCELLATION FORM (Complete and return this form ONLY IF YOU WISH TO CANCEL THE AGREEMENT.) To Halifax, Pitreavie Business Park, Dunfermline, Fife, KY99 4BS: I/We* hereby give notice that I/We* wish to cancel this credit card agreement. Signed Date *delete as appropriate Please note that the cancellation rights above only apply if this is the first credit card you have received under this agreement. I wish to purchase Credit Card Repayments Cover. [ ] I wish to purchase Card Care [ ] I understand that I am purchasing the product ticked above on credit provided by you and that the terms relating to the credit for the products can be found in conditions 1 to 4 in this agreement. Your Signature Conditions 1-4 above contain important information that we are required to give by statute. The general credit card conditions also form part of this Agreement. By signing above you agree:- a) that the details provided by you in your application are correct; b) that your data may be used as set out in the Data Protection Declaration on the application form; and c) to be bound by the General Credit Card Conditions. GENERAL CREDIT CARD CONDITIONS 5 Charges 5.1 We make a handling charge of 3% (at least £3.00) for all cash advances. We also make a handling charge of 3% (at least £3) for balance transfers and cheques. We may also limit the amount of your overall balance that can be made up of cash advances to a percentage of your overall credit limit. If we apply this cash limit we will tell you what that limit is and we will tell you if it changes at any time. We may limit the amount you may draw from your account as cash advances within any one day or other period notified to you by us. 5.2 If in any month you incur interest and this is less than 50p, we will make a charge of 50p which will be added to your account in place of the interest. 5.3 If you make transactions in a foreign currency, we will change the amount to sterling at the exchange rate used by the payment system on the date the transaction is passed to us by them. You can find out this exchange rate by calling us on the Customer Services number shown on your monthly statement, however if you call before the transaction is added to your account, the rate we provide will only be indicative. We will charge 2.95% of the value of each foreign-currency transaction. The sterling amount shown on your statement will include this charge. If the transaction is a cash advance we also charge the cash advance handling charge shown above. 5.4 We may also charge you for the following special services. • Sending a copy statement £5 • Changing your statement date (if you have already £5 asked us to change the date twice in the last six months) • Processing any foreign currency payment to us £10 5.5 We may change any of the charges listed in conditions 4, 5 and 8.1 and introduce new charges at any time by giving you notice under condition 14.2. 6 Words with special meanings "We1, 'us' and 'our' mean Bank of Scotland plc and any organisation that takes over the benefits of this agreement. The words 'you', 'y°ur' ancl V°urs' refer to tne person who entered into this agreement with us. The following words have a special meaning. Balance transfer - any balance we allow you to transfer from another UK account. Card - any credit card that we give you or any additional cardholder to use with your account. Cash advance - cash, traveller's cheques or foreign currency obtained by using the card or money transfers, finance payments or gambling transactions made with the card. Cheque - a cheque which we send you to draw money from your account. Default sum - an amount (other than interest) payable by you under this agreement because you have broken the agreement. Finance payment - using your card to repay finance such as a loan agreement or hire purchase. Gambling transaction - using your card to purchase lottery tickets or take part in a any form of gambling such as betting, gaming or wagering. Online service - our service allowing you to access information and services and make payments on your account over the internet; Payment date - the date by which you must make your minimum monthly payment. Payment system - the payment system under which we issue the card and any of the people or organisations who own and operate the system. Pin - your personal identification number for you or any additional cardholder to use with the card. Purchases -goods and services bought using the card or card account number. Recurring transaction -your instruction for us to make regular payments to someone. We will pay them when the person you have authorised to receive the payment asks us to. Security details - the security details we give you, or which you choose, which allow you to access information and services and make payments on your account and include: the passwords and/or username used to confirm your identity when using the telephone service or the online service and the additional security details we set for you when using the online service; Telephone service -our service which allows some customers to access certain information and services and make payments by telephone; Transaction - a purchase, balance transfer or cash advance made or cheque drawn by you or any additional cardholder. 7 Using your account 7.1 We will open a credit card account for you and give you and any additional cardholder a card each. You authorise us to issue cards and a pin to you and any additional cardholders. You authorise each additional cardholder to use the card and to authorise transactions on your behalf. As long as this agreement covers it, we may send you a different type of credit card from the one you asked for, and replace it with a different type of credit card. You must not let your account go over your credit limit or use your account if it is already over your credit limit. Your account must not be used for illegal transactions. We will charge to your account any amounts arising under transactions, which you or any additional cardholder make, and any other amounts you have to pay us under this agreement. 7.2 You cannot use our credit card cheques to pay off any amounts you owe us or to make payments in foreign currencies. Our credit card cheques are valid until the expiry date printed on the cheque, and cannot be used after that date. 7.3 Cards and unused cheques belong to us. If we ask you to, you must not use them and must return them to us. We may at any time suspend, restrict or cancel your or an additional cardholder's use of a card and/or cheques, refuse to issue or replace a card and/or cheques or stop the use of the telephone or online service for reasons relating to any of the following: 7.3.1 we are concerned about the security of your account or any cards/cheques we have issued to you or an additional cardholder; 7.3.2 we suspect your account is being used in an unauthorised or fraudulent manner; or 7.3.3 there is a change in your circumstances which gives us reasonable grounds to believe there is a significantly increased risk that you may have difficulty in repaying the sums you owe under this agreement. 7.4 We may change the account number or pin at any time if we have a good reason. You or any additional cardholders must only use the cards between the Valid from' and 'end dates' printed on them. 7.5 We will only accept that you have paid any money you owe us when we receive your payment at our processing centre. 7.6 Where interest is payable, the earlier you make a payment, the less interest you have to pay. We do not recommend that you only pay the minimum payment for prolonged periods. 7.7 You must not make payments or transfer funds from another credit or store card to your account that would leave a credit balance on your account. We may return any funds that exceed the balance owing on your account to the account from which the money has been sent. 7.8 If you use the telephone service or the online service, we will let you know what you can use the service for. When you use these services, we may ask you to provide some of your security details. 8 Making and stopping payments 8.1 You can stop a cheque if you tell us before we pay it. We may charge a fee of £10, unless the cheque was lost or stolen. You can stop a recurring transaction if you tell the person you are paying in time. You cannot stop other transactions other than as set out in condition 8.3. 8.2 The authorisation of a transaction can include authorising any single transaction, a series of recurring transactions (including transactions for an indefinite period) or pre-authorising a future transaction of a certain or uncertain amount. A transaction will be regarded as authorised by you or an additional cardholder where you or an additional cardholder: 8.2.1 authorise the transaction at the point of sale by following whatever instructions are provided by the merchant to authorise the transaction, which may include: a. entering a pin or providing any other security code; or b. signing a sales voucher; 8.2.2 insert a card and provide your or their pin and make a request for a cash advance at an ATM; 8.2.3 make a request for a cash advance at any bank counter; 8.2.4 orally or in writing provide the card details to us or our representative and request a balance transfer, cash advance or money transfer from the account; or 8.2.5 present (including sending) a completed credit card cheque to any person. 8.2.6 provide us with your security details and instruct us to carry out the transaction. 8.3 Authorisation for a transaction may not be withdrawn (or revoked) by you or an additional cardholder after the time it is received. However, if you or an additional cardholder gives notice to us or the supplier (providing a copy of the notice to us) then any transaction which is agreed to take place on a date later than the date it was authorised so long as notice was provided no later than the close of business on the business day before it was due to take place may be withdrawn. 8.4 Funds to cover the authorised transactions received by us will be paid over to the retailer's bank within 3 days following the receipt by us of the instruction to make payment and may take an additional day if authorised using a paper based authorisation process. 8.5 A transaction will be received as follows: 8.5.1 For purchases and ATM transactions, at the time we receive the transaction instruction from the payment scheme; 8.5.2 For balance transfers or other transactions communicated directly to us, at the time you or an additional cardholder asks us to complete the transaction. 8.5.3 If a transaction is received after 5pm, the transaction instruction or request will be deemed to have been received by us on the following business day. 8.6 We may refuse to pay a transaction: 8.6.1 for any of the reasons set out in 7.3 above; 8.6.2 if there are not enough funds in your account to cover the amount of the transaction; 8.6.3 if we have reasonable grounds to believe that you are (or an additional cardholder is) acting in breach of this agreement; 8.6.4 if we believe that a transaction is potentially suspicious or illegal (for example, if we believe that a transaction is being made fraudulently); or 8.6.5 because of errors, failures (whether technical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions. 8.7 If we refuse to authorise a transaction under 8.6 above, provided it would not be unlawful for us to tell you why we refused to authorise the transaction, we will do so at the point of the transaction either orally or in writing depending on the nature of the transaction being made. You may correct any information we hold and which may have caused us to refuse to authorise a transaction by contacting us on the Customer Services number shown on your monthly statement. 9 Refunds 9.1 You may be entitled to claim a refund in relation to transactions where: 9.1.1 the transactions were not authorised under this agreement; 9.1.2 we are responsible for a transaction which was incorrectly executed and you or an additional cardholder notified us in accordance with condition 12 below; or 9.1.3 a pre-authorised transaction did not specify the exact amount at the time of its authorisation and the amount charged by a supplier is more than you or an additional cardholder could reasonably have expected taking into account normal spending patterns on the card or the circumstances of the transaction. 9.2 A claim for a refund in the circumstances set out in 9.1 above will not be accepted if: 9.2.1 the amount of the transaction was made available to you or an additional cardholder at least 4 weeks before the transaction date; 9.2.2 it is made more than 8 weeks after being debited to your account. 10 Security You must sign your card and make sure that any additional cardholders sign their cards as soon as you get hem. You must make sure that you and any additional cardholders: • keep the card and cheques safe and keep the pin and other security information secret; • do not allow anyone else to use your card, pin or other security information; • always learn your pin and other security information and destroy any notice of the pin straightaway; and • do not write down or record your pin or other security information without disguising it. 11 Online service security Our online service is secure. You must always use the sign off facility when you are finished and never leave your machine unattended while you are signed in. As a security measure, if you have not used the site for more than a specified period of time we will ask you to sign in again. 12 Lost and stolen cards and unauthorised or incorrectly executed payments 12.1 You must call us immediately on 0845 728 3848 if the card or cheques are lost or stolen or could be misused, or someone other than you or any additional cardholder knows the pin or if you think a transaction has been improperly executed. You need to give us the card number. If we ask, you must write to us within seven days to confirm your call. The address is Bank of Scotland plc, Card Services, Pitreavie Business Park, Dunfermline, Fife KY99 4BS. 12.2 Generally, you will not be liable for misuse of a card, cheque, pin or security details (other than by you or an additional cardholder), including where the card is used before you receive it. You will be liable for misuse by a person who got the card, pin or security details with your permission until you tell us about the possibility of misuse. However, you will not have to pay us any money for any loss we suffer because of the use of a card, cheque, pin or security details where they have been used without your authority in connection with a distance contract as defined by the Consumer Protection (Distance Selling) Regulations 2000 or the Financial Services (Distance Marketing) Regulations 2004. We may give the appropriate authorities any information we consider relevant about the loss, theft or misuse of a card, card account number, cheque, or pin. 12.3 In addition, in relation to our online service: • If you are a victim of fraud through our online service we guarantee that you will not lose any money on your accounts and will always be reimbursed in full. • Unless you are a victim of fraud or the payment transaction is incorrectly executed, you are responsible for all instructions and other information sent using your security details. • We do not accept responsibility for any loss you or anybody else may suffer because any instructions or information you send us are sent in error, fail to reach us or are distorted unless you have been the victim of fraud. 12.4 If you find any card or cheque after you report it under condition 12.1, you must cut it in half and, if we ask, return it to us. 12.5 Telephone service - if you think that someone else knows any of your security details, you must tell us as soon as you can by phoning the Customer Services number shown on your monthly statement. You must give us any help we think is necessary to try to find out who might have used your security details. 12.6 Online service - if you think that someone else knows your security details, you must do the following: • For your password, change it online as soon as possible. If you have difficulty changing your password, you must phone the Helpdesk number shown on the online service website immediately. You can give the Helpdesk your username if you phone them to change your password. • To change your additional security details, you will need to phone the Helpdesk immediately. 13 Breaking the agreement and if you die If the agreement is broken, we will charge you for any loss, costs or expense we have to reasonably pay as a result. We may ask for immediate payment of the full amount you owe if: • you break this agreement repeatedly or in any significant way; • you die; • you have told us something misleading or false; or • you are in financial difficulties (for example, you are likely to be made bankrupt). We will follow the correct legal requirements when we do this including the requirements made under the Consumer Credit Act to serve notices before certain action is taken. 14 Changes 14.1 You must let us know if your circumstances change in a way which we might not otherwise know about and which is likely to change our assessment of your financial standing. Examples of such changes in your circumstances include if you lose your job, your income significantly reduces for whatever reason or if you are off work due to long term sickness. 14.2 We can change your credit limit or cash limit under conditions 2.1 and 5.1, however we will only reduce your credit limit or cash limit if we have a good reason, for example, your circumstances change or because our assessment of the risks of lending to you changes. For any other changes, we can change this agreement, including the interest rates and charges, for any good reason. We will give you at least 30 days' notice in writing of any change to your disadvantage, other than a change to your interest rates, cash limit or credit limit. We will give you at least 7 days' notice of any change to your interest rates or any other change to these conditions that is not to your disadvantage. 14.3 We may offer you benefits along with your account and we will tell you what benefits we offer. We may change, withdraw or suspend these benefits at any time by giving you reasonable notice. / 15 How we limit our liability We always try to provide a high level of service, but we will not be liable for any loss, costs, claims or expenses arising from any abnormal and unforeseeable circumstances beyond our control, including but not limited to: • any consequences which would have been unavoidable despite all efforts to the contrary; or • our compliance with legal and regulatory requirements. 16 Additional cardholders You must pay for all transactions made by any additional cardholder. This applies even if the additional cardholder makes you break this agreement. We may give any additional cardholder information about your account. You may only cancel any additional card by cutting it in half and, if we ask you to, by returning it to us. 17 Ending or suspending this agreement 17.1 You may end this agreement immediately by giving us written notice. We may end this agreement by giving you written notice. Normally our notice will be at least 30 days, but, if there are exceptional circumstances for doing so, we can end this agreement immediately. If we do this, we will send you notice immediately after the agreement has been ended, unless by law we must tell you first. If your agreement is ended, you must pay us everything you owe (including amounts we have not yet put on the account). You must also destroy all cards, by cutting them in half, and destroy all unused cheques, or return them to us if we ask. 18 Transferring rights under this agreement 18.1 You may not transfer any of your rights or duties under this agreement. 18.2 We may transfer any or all of our rights or duties under this agreement to another organisation (including organisations outside the European Economic Area). If we do this, we may let them have any information about you or an additional cardholder. We may also arrange for any other person to carry out our rights or duties under this agreement. Your rights under this agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected. 19 General 19.1 We may send any notices, statements or other information to the last address you gave us (including an electronic address if you receive documents through our online service). We will treat them as arriving two days after we posted them. If you receive your documents online, we will treat them as having arrived one day after we send the email notifying you that the document is now available to view. 19.2 We can monitor and record phone calls to or from us. We do this to check what was said and also to help us train our staff. 19.3 We can delay in enforcing, or fail to enforce, our rights under the agreement without losing them. We may also accept part-payments marked as 'payment in full' or with similar wording without losing our right to claim full payment. 19.4 Each paragraph and subparagraph in these conditions is separate from the others. This means that, if we cannot enforce any one paragraph or subparagraph, it will not affect our right to enforce any of the others. 19.5 Nobody other than we or you can enforce any part of this agreement, under the Contracts (Rights of Third Parties) Act 1999. 19.6 This agreement is governed by English law. TBTHC2TH1R 73.00.00191009

I have sent a letter back as below: On the 25th August 2009 I requested a copy of my original signed credit agreement. You replied by sending me a copy of an application form with part of the credit agreement. There are a few points for which I would like further information: 1) Section 2 states that the standard interest rate for Card Purchases & Balance Transfers (after any promotional period), and cheque transactions will be 15.9% pa, and for cash transactions 22.9% pa. Can you explain why my statements show interest rates for all transactions of 2.0751% and confirm what the annual rate is? 2) In section 2g you mention paragraph 11a – there is no paragraph 11a. 3) In section 3b you mention section 4 – there is no section 4. 4) In the section headed ‘Data Protection’ it mentions sections 13 & 14 in the terms & conditions provided – where are these terms & conditions? 5) My signature appears to confirm that I want to be bound by the terms of the Consumer Credit Act 1974 however there is no signature on the application form itself. 6) My understanding is that the application needs to be signed by MBNA or one of its representatives – this appears to be missing. 7) There is no mention of the credit limit anywhere on the copy you have supplied – is this correct? I await a response.

I sent off a CCA to Halifax and have got the standard letter in reply and supplying a 'reconstituted' copy of the executed agreement. Funny thing is they enclosed 2 agreements (both look like they are newly typed), one from BOS and the other from Halifax. I have never had a BOS account of any kind. Whats also great is that the terms are different for both accounts. They both start with the line ' the parties to this agreement are "lender" and "me". I will try to post up copies later but as they are scanned as RTF docs they will take up a lot of space, 6-7 pages each.

not been online for a few days. I have not done a credit check but back in July I had a letter saying that "failure to bring the account up to date will lead to termination of the agreement and the registration of the default". Since then I received a 'notice of sums in arrears' and 'potential commencement of legal proceedings', both in August. I have since reached an agreement to pay a reduced amount so have only received statements since. I think it is now time to pursue this further so am going to write back and question all the areas where I think there is a discrepancy. The main ones being the interest rates charged and the missing section with details of other charges. Will report back when I hear.

I guess if its ok I have no further recourse. My only thought is that, after taking a really thorough look, there seem to be some indiscrepancies. 1) Section 1 describes the APR as 15.9% variable - is this correct. 2) Section 2 states that the standard rate per annum for purchases, transfers and cheques is 15.9% pa and 22.9% pa on cash. on my statement it shows the standard monthly interest rates on all transactions as 2.0751%. 3b) says 'details of other service charges are set out in section 4'. there is no section 4. However at the end, after DP section, it says 'see the rest of your terms and conditions (inc definitions) which are in the leaflet enclosed. Any thoughts appreciated.

Thanks Slick, Got all my copies done today, letters go tomorrow. Will update as soon as I hear.

I have received this back from MBNA. I have looked through the other MBNA agreements and cannot seem to find one like it. can anyone give advice as to enforceability. My first impressions are that it looks ok and I don't want to challenge it if there is nothing wrong. thanks

Thanks Slick, Is there a standard template for an FOS complaint. I have looked but cannot seem to find one - it may be me but the threads seem to be merging into one now, I have read so many. thanks Tony

Thanks for the quick reply and sorry for the hijack. I am not sure that I want to go to court just yet so will write back again pointing out that I think the account is in dispute as they have not complied with the request and point out the following: (6) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. I may, due to affordablility have to stop payments. Funny thing - got a letter from them today re one of the accounts offering to credit my account if I were to pay a amount off the account.

where does this leave me. can they pass the debt on if the account is in dispute? what should be my next course of action? Hi, sorry to hijack but, after reading this and many other threads, I am trying to work out my next course of action. I have recieved the standard reply as below. The bits that concern me are in blue. Also I have never received a copy of the application form as thye have stated. I have been making reduced payments for a while now, and seemed to have seen off Mercers & Calders for the time being, was thinking of stopping payments all together. All advice appreciated. Reference; Section 78 of The Credit Consumer Act 1974 I write further to the letter whereby you note dissatisfaction to the documents you received in relation to a request made under Section 77/78 of the Consumer Credit Act 1974. Firstly, credit cards are regulated under Section 78. Section 78(1) of the Act states that the creditor shall give the debtor a copy of the executed agreement and a statement of account which is practicable to refer. Regarding a statement of account which is practicable to refer, the letters which we send in response to a Section 78(1) request includes this information. To cover the issue of executed agreement. How does the Act define an "executed agreement"? "Executed agreement" is defined in section 189 of the Act as, "a document, signed by or on behalf of the parties, embodying the terms of a regulated agreement ". What do the rules say about providing a copy? The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 ("the Regulations") made under the Act deal with how we are to provide a "copy" of an agreement. These Regulations provide that any copy of the agreement supplied to a debtor should be a 'true' copy. Regulation 3(2) provides that a copy may omit certain information, which allows you to be provided with a true copy, not a complete copy. What happens if the original agreement has been varied since it was originally signed? The Regulations also set out what should happen where the agreement has been varied since it was signed. Regulation 7 provides creditors with a choice of including in the copy of the executed agreement either a copy of the latest notice of variation relating to each discrete term which has been varied, or an easily legible statement of the terms varied. Regulation 7 does not state that the copy of the agreement shall include a statement of the original terms as well as a statement of the varied terms. Regulation 7 allows us to provide you with a "true copy" which sets out the terms and conditions current at the time of provision of the copy. Conclusions in relation to the document we have to provide A "copy" of an agreement will satisfy the requirements even if the signature box and/or the signatures are not included as clarified by Regulation 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. The definition of "executed agreement" refers to a document embodying the terms of the regulated agreement. When this is read with Regulation 7 •- for agreements that have been varied - a copy of the original agreement would not embody its terms. A copy of the agreement as varied would embody its terms. The issue of what is an executed agreement has been interpreted in the High Court. It was held that an executed agreement begins as the credit agreement which is sent to the cardholder when they receive their credit card; therefore, establishing what is the original executed agreement. When the agreement has been varied, Regulation 7 mentioned above applies. To summarise, if the agreement has not been varied, we must send the original executed agreement; this would be the credit agreement which is currently regulated. If the credit agreement has been varied, we must send the current credit agreement as this will contain the terms of the regulated agreement. We have sent you this and the original executed agreement for reference. To address any issue about our lack of compliance with Section 60 of the Consumer Credit Act 1974. Section 60 relates to the form and content agreements. All Barclaycard credit agreements are in compliance with this. You may state that the application form which we provided you, for reference, when you made a request under Section 78 does not adhere to Section 60. This is not a complete copy of your application form, but rather an excerpt to show you signed a contract with us. When you completed your application form, the document would have been presented to you in full, in a legible form, and would have adhered to the requirements under Section 60 of the Consumer Credit Act 1974. I hope this letter has helped with your concerns about the documents you have been supplied with under Section 78 of the Consumer Credit Act 1974. As our response fulfils the obligation under Section 78 of the Consumer Credit Act 1974, you should carry on paying the debt you have accrued on your account. We do not class the account as in dispute, you have been supplied with the relevant documentation under Section 78 of the Consumer Credit Act 1974, and we will carry on with collection services. If you send us further correspondence questioning compliance with these areas of law, we are not obliged to respond beyond the statutory response we have already given you. We would require you to provide comprehensive legal and documentary evidence to support your claim to ascertain whether response is necessary.

After 2 letters asking for my executed credit aggrement I have recieved the following for 2 of the cards: Reference; Section 78 of The Credit Consumer Act 1974 I write further to the letter whereby you note dissatisfaction to the documents you received in relation to a request made under Section 77/78 of the Consumer Credit Act 1974. Firstly, credit cards are regulated under Section 78. Section 78(1) of the Act states that the creditor shall give the debtor a copy of the executed agreement and a statement of account which is practicable to refer. Regarding a statement of account which is practicable to refer, the letters which we send in response to a Section 78(1) request includes this information. To cover the issue of executed agreement. How does the Act define an "executed agreement"? "Executed agreement" is defined in section 189 of the Act as, "a document, signed by or on behalf of the parties, embodying the terms of a regulated agreement ". What do the rules say about providing a copy? The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 ("the Regulations") made under the Act deal with how we are to provide a "copy" of an agreement. These Regulations provide that any copy of the agreement supplied to a debtor should be a 'true' copy. Regulation 3(2) provides that a copy may omit certain information, which allows you to be provided with a true copy, not a complete copy. What happens if the original agreement has been varied since it was originally signed? The Regulations also set out what should happen where the agreement has been varied since it was signed. Regulation 7 provides creditors with a choice of including in the copy of the executed agreement either a copy of the latest notice of variation relating to each discrete term which has been varied, or an easily legible statement of the terms varied. Regulation 7 does not state that the copy of the agreement shall include a statement of the original terms as well as a statement of the varied terms. Regulation 7 allows us to provide you with a "true copy" which sets out the terms and conditions current at the time of provision of the copy. Conclusions in relation to the document we have to provide A "copy" of an agreement will satisfy the requirements even if the signature box and/or the signatures are not included as clarified by Regulation 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. The definition of "executed agreement" refers to a document embodying the terms of the regulated agreement. When this is read with Regulation 7 •- for agreements that have been varied - a copy of the original agreement would not embody its terms. A copy of the agreement as varied would embody its terms. The issue of what is an executed agreement has been interpreted in the High Court. It was held that an executed agreement begins as the credit agreement which is sent to the cardholder when they receive their credit card; therefore, establishing what is the original executed agreement. When the agreement has been varied, Regulation 7 mentioned above applies. To summarise, if the agreement has not been varied, we must send the original executed agreement; this would be the credit agreement which is currently regulated. If the credit agreement has been varied, we must send the current credit agreement as this will contain the terms of the regulated agreement. We have sent you this and the original executed agreement for reference. To address any issue about our lack of compliance with Section 60 of the Consumer Credit Act 1974. Section 60 relates to the form and content agreements. All Barclaycard credit agreements are in compliance with this. You may state that the application form which we provided you, for reference, when you made a request under Section 78 does not adhere to Section 60. This is not a complete copy of your application form, but rather an excerpt to show you signed a contract with us. When you completed your application form, the document would have been presented to you in full, in a legible form, and would have adhered to the requirements under Section 60 of the Consumer Credit Act 1974. I hope this letter has helped with your concerns about the documents you have been supplied with under Section 78 of the Consumer Credit Act 1974. As our response fulfils the obligation under Section 78 of the Consumer Credit Act 1974, you should carry on paying the debt you have accrued on your account. We do not class the account as in dispute, you have been supplied with the relevant documentation under Section 78 of the Consumer Credit Act 1974, and we will carry on with collection services. If you send us further correspondence questioning compliance with these areas of law, we are not obliged to respond beyond the statutory response we have already given you. We would require you to provide comprehensive legal and documentary evidence to support your claim to ascertain whether response is necessary. Please advise what action to take next. just giving this a bump as, after reading the letter Barclaycard have sent I am not sure where to go. The letter implies that they have supplied everything required, is this the case or do I need to send follow up stating that account is unenforcable? My Timeline for the 3 accounts is as follows: CCA request to Barclaycard - 25/08 T&C recieved from Barclaycard - dated 27/08 2nd CCA request to Barclaycard - 09/10 more T&C recieved for 1 card dated 14/10. For the other 2 I recieved letters as detailed 2 posts above. During this time I have also sent a telephone harassment letter (11/10) to Mercers, unfortunatley not recorded delivery. The calls have slowed (only 4 since) and they now refuse to talk to me because I will not answer security questions. I have also requested in writing and verbally that they only contact me in writing they say they have but a warning notice asking me to ring defeats the object!! Would my next move be to send the 'unenforcable agreement letter' to Barclaycard and cc Mercers? I have been making reduced payments during this time.

Mercers just phoned. My daughter answered and asked who was speaking, they said their name and asked for me by first name, daughter asked where they were calling from - they refused to say and asked to speak to me again, daughter again asked who they were calling from, again they refused to say so she hung up on them.

Hi, I am new on here so please bear with me. I have several credit cards and due to having a much reduced income at the moment cannot make the full payment. I have managed to agree reduced payments with Halifax, Cap One & MBNA but Barclaycard will not play ball, I have 3 accounts (1 is ex Morg Stan, 1 ex Goldfish). I have made an offer in writing of £50 per month for each card which was declined, they said that they would only accept a minimum of 1% of the o/s balance and if I wanted to pay less I had to deal with them via someone like Payplan. This has been going on since May and my accounts have been passed to Mercers. This joke of an organisation phone at all hours and always ask for me by first name, if my children answer they do even say they who they are from. I have repeatedly told them, verbally and written, that I will only deal with them in writing but they continue to ring - they think that 7pm on a Sunday is acceptable - and that they will only deal by phone. After reading this site I have sent the harrassment by telephone letter but did not send recorded. The last few times they have called I have refused to answer the security questions and have told them the the letter has been sent. Today i recieved a letter from them giving me 48 hours notice as I have ignored demands for payment (I have continued to make payments of £50 per month) and that they will now pass my account to a local debt collection firm unless I phone them. I have previously asked for the executed credit agreements but did not give time frame. I have not recieved copies of the signed agreements so have written back asking for them again or an explanation why they cannot be provided. (all this to Barclaycard). They did send me terms & conditions but the dates were all after I took out the cards. Bit of a loss now so any advice will be appreciated.