The letter states....."To be an executed agreement, it would have had to have been signed originally and contain all the terms of the agreement" S61(1) states: ergo combining the letter and S61 clearly shows that any application form that is not signed by both parties CANNOT be an agreement. Again from the above, an application form and a SEPERATE copy of the T&C's cannot be a valid agreement either. "... it would have had to have been signed originally and contain all the terms of the agreement" And finally "...Prior to the CCA 2006, the section also provided that the Court could not make an enforcement order under section 65(1) if section 61(1) was not fully complied with" So add up all the above and whichever way you cut it an application form + a seperate copy of the T&C's cannot be an agreement - if the T&C's are not contained within the same document as you signed how can anyone prove that you saw and read them before signing?? Pete

See my post HERE Pete

Good to see you back SB!! DG - I have your email but I'm running around like a headless chicken right now; I'l answer a.s.a.p. Pete

Hi Tam, I think it actually says quite a lot: It confirms once and for all that an application form cannot be construed as an agreement. It confirms that the courts cannot currently enforce any agreement that does not comply in totality with CCA 1974 S61(1) It confirms that a copy agreement has to be a true copy, i.e. identical to the original with only the signatures and boxes removed - i.e. a "generic" T&C type document simply will not do. I think it's a very useful piece of back-up data that could be put under a judges nose. Pete

I can certainly send you a copy but not by PM. If you PM me your email address I'll send it there. Pete

Here's the OCR'd text for you - hope it's clearer: Pete

Logically would have assumed so, however that's not what the letter says. It says it will apply to all agreements; this may be a misprint or a deliberate attempt at obfuscation. I've written back to my MP requesting urgent clarification. Pete

Well done Bready... excellent news! I've just received some further interesting information regarding the CCA 1974 and 2006 from the DTI. See here http://www.consumeractiongroup.co.uk/forum/post-480912.html Pete

Just received this reply from Ian McCartney, via my MP Page 1 Page 2 Page 3 I've underlined interesting bits. The final paragraph on page 2 is interesting because it's ambiguous; does it mean that all agreements will come under it's remit, or only new agreements entered into following enactment? I'm writing back for clarification. Pete

That's it, leave us all why don't you!! Pete

I agree. How can a piece of paper claim to be an agreement unless it has something on it that signifies acceptance by all parties, e.g. signatures of all parties? And that it has on it ALL of the terms of any agreement? An application form cannot be a legally binding agreement unless it is at least signed and dated by both sides. Pete

Thank you both Pete

As per point 6 on the Allocation Notice I filed my statement on 28th December. I checked with the court this morning and they haven't received anything from SCM / LTSB. My question is this; is the non-submission by SCM important? Can I request for example that their defence be struck out because of this? Or is it simply the case that if they don't submit it they can't then use it in court? Pete

Thanks both. Gizmo, I just found that number on their website also - thanks. Buzby - I have written, and telephoned several times and am getting nowhere fast so I just wanted a contact point that I could fire off a tirade of faxes until someone bothers to reply to me. Thanks all. Pete

Does anyone have a fax number for BG, either accounts or customer services? I have an ongoing problem with BG that is really messing with my head right now and i need to fire off a few faxes. Thanks in advance. Pete

Send a letter to the court advising them of the situation but there's no need to file a formal claim modification. If it were to get to court and you won then any partial payment would be taken into consideration at that time. Other than that don't worry. Pete

Happy New Year to everyone here! I'm also at a similar stage with two CC companies. Pete

Yeah... whatever!! Pete

:o Pete

No need to be nasty just because I got a free VAIO!!... Pete

That'll be at least three then. Pete

What forms do I need? You will need Form N1. With it you should also be given notes for guidance for yourself (the claimant) on how to complete the form, and notes for guidance for the defendant (the person, firm or company against whom the claim is being made). Once you have filled in the Form N1, you should photocopy it and the defendant's notes for guidance so that you have: one copy for yourself; one copy for the court; and one copy for each defendant you are claiming from.

Just trying to add "material"! Pete

Can't see Britney Spears there - with or without underwear!! Pete

So are they all the people that phone Allyxia??? Pete