Ok thanks will send those - any thoughts anyone on my credit report not showing any DCA activity or repayments? The debts are older than 6 years now so all defaults no longer show, I know that, I'm just surprised given how nasty they've been at times, that my payment activity with them doesn't show up on my credit report.

Due to illness last year, I left things as they were since my consultation with the CLA who negotiated token payments on my behalf. I just wanted to get all this going again - Fairfax have not provided me with copies of the original agreements, it's now coming up to 2 years since the CLA requested them. One credit agreement was provided directly by the original creditor (for a loan, turns out not very enforceable but according to CLA, not worth contesting as I would lose), but that's it, all the rest (credit cards) never provided anything. Time to send 'prescribed timescale' letters then? Also, I have just checked my credit report for the first time in 7 years and aside from the Barclaycard account mentioned above, all other defaulted debts are NOT on my report - so DCAs don't report payment activity? Neither the DCAs nor the repayments I'm making or the original accounts they are for appear anywhere (much to my surprise). Thanks

Great! 1 down, 5 to go... Been waiting for copies of CCAs from Fairfax for nearly 8 weeks now, wonder what will come back from them. Will keep you guys posted. Thanks guys for your help it's been invaluable.

Hi everyone, I have just received this letter from Barclaycard, further to requesting copy of the original CCA. This is for a credit card that was first with Morgan Stanley, then with Goldfish, now with Barclaycard. I've copied it verbatim without personal details and amounts: Dear x, I refer to your request for information dated x/x/2011. The information we must provide to you under the terms of Section 78 of the CCA 1974 is prescribed by the Act and the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request the creditor shall give the debtor a copy of the executed agreement (and any document referred to in it) and a statement of the account. I enclose a reconstituted copy of your credit agreement. A statement of your account is below: The current credit limit is x The current balance is x and Your next payment of x will be due on x/x/2011. We are currently unable to provide a copy of the terms of your credit agreement as varied in accordance with section 82(1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues. Notwithstanding that we cannot currently enforce the agreement; our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies without also telling them the agreement is currently unenforceable, demanding payment from you, issuing a default notice to you and instructing a third party demand payment or otherwise seek to procure payment. We refer you to the case of Philip McGuffick v The Royal Bank of Scotland [2009] EWHC 2386 in which it was held that none of these steps constituted "enforcement" for this purpose. Please note that the decision in Carey v HSBC [2009] EWHC 3417QB makes it clear that an unfair relationship cannot be said to have arisen between us as a result of the fact that we have not currently complied with section 78 of the Act. To the extent that you seek to allege that an unfair relationship has arisen, such allegations with be opposed. Yours sincerely x x Barclaycard Customer Services This is what I'm trying to understand: there is no threat of taking me to court to recover payment in this letter, does that necessarily mean that they won't? How can the agreement be unenforceable yet their 'rights continue under the agreement'? Do you think the court cases they mention are relevant to me? Many thanks for your help as always.

Thanks BB - in any case, that's all they're getting from me. Threats of court don't bother me in the least anymore, I have nothing more to give them, court or not. From what I've understood, if ever they do apply through the court for more payment, if the court says that's all I can pay, they rarely ever try again to get more money through the court. I've gone as far as I can go with worrying about all this and now I'm done! What is then the advantage of requesting CCAs? Has the perspective on this changed from a couple of years ago? The posts I was reading on here a while back often sounded like this could be a tool to fight debt collectors off with, but the feedback I'm getting now is quite different. Just wondering what your thoughts are on this? Many thanks

Thanks Silverfox, yes it is community legal advice. So now that they've complied and sent what I requested, is it just a matter of negotiating the reduced payment? I don't want to go to court to argue enforceability, I was just hoping that I could somehow use this to keep them from taking me to court. I intend to keep up the token repayments until I can either pay more or if not, I've still not ruled out bankruptcy, though I'm leaving it as a last resort. Just a bit confused now as I'm wondering what else I can get out of having ordered the CCA. Thank you

Hi guys, So after a bit of silence from me, here's an update. Further to coming on here I also found out I qualify for help from the CLA who wrote off to the creditors and debt collectors on my behalf, requesting CCAs etc. The Egg one came back and the CLA said that in their opinion it is not properly drawn up and that I have a case to argue that it is unenforceable. Surprise surprise, Egg has also sold the debt on since they received the CCA request!! I am still waiting for the CCAs for the other debts but as they're over 10 years old, I doubt I'll get more than application forms.... Anyway, the CLA said I could have a case but that they can't provide me with a solicitor. I am not sure I fancy going to court to argue this without legal support! In any case, I've already reduced the payments and now negotiating them accepting token payments. I am not worried about them going through the courts to ask for more money as I'm on such a low income that I can't see the court will force me to pay more than what I have offered. From what I've read on here going to court without representation is not always a great idea - am I wrong? I'd be very grateful for your feedback please. Many thanks.

It hasn't been rolled in with other debts, and it has a separate Capquest Ref. No. used for correspondence. It says Bank Account No. xxxxxxxx with the right amount of digits for a current account, just not mine.

Hi everyone, Sending everything off today, just wondering if Capquest not having the correct account number on letters about the overdraft is of any use to me at this stage before I write off to them? Many thanks

Thanks HH, wish you best of luck with yours too. The bank account is the only one they have the wrong number for. For the others, the credit card companies have changed hands, so I'm really hoping they won't have that or find it (one of the original companies has closed down). Will see if BB has any thoughts on whether I need to add anything about incorrect bank account number in my £1 offer letter to Capquest. Thanks for your words of support!

Great, thanks BB, so I will put that paragraph back in for the Capquest one as I had taken it out. I have unearthed more stuff... Going through all my old Capquest and Eversheds letters. Capquest/bank overdraft: all their correspondence quotes the wrong bank account number! Had I not been so blinded by fear, I would have spotted this 3 years ago when they bought this debt. Does that help me in any way now? Do I need to add something about this in the £1 offer letter for the overdraft? Eversheds: same - the credit card numbers they quote (one of which the idiots say is a loan but has a credit card number!) are also incorrect, I'm guessing this is because they don't actually know the real credit card numbers? Thanks again.

Thanks HH - a bit of last minute confusion though, it says to delete the paragraph 'If it is your view that you are not the creditor' if sending to a debt collector rather than the original creditor. I should actually leave in that paragraph for both, is that correct? Capquest and Eversheds are both debt collectors, I realise that I left it out for Capquest (as they haven't bought the debt from Egg). Thank you.

Thanks BB. I've completed the letters - while the instructions in the CCA letter link tell you to put in s.77 for a loan and s.78 for a credit card, to be 100% clear, that would mean change s.77(1) to s.78(1) as appropriate? The instructions don't mention the sub-clauses and how to change them (I don't want to mention a sub-clause that doesn't exist!) Here's what I'm doing - won't send until you guys let me know if it's correct: For Capquest, which is a loan, and which Egg has confirmed they haven't sold on to Capquest who are simply collecting on their behalf, along with my letter offer of £1 token payment + I&E statement: Capquest Fleet 27 Rye Close Fleet Hampshire GU51 2QQ Dear Sir/Madam, Re:− Account/Reference Number XXXXXXX This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. We look forward to hearing from you. Yours faithfully XXXX (signed on the secure strip downloadable from here) ---------------- For Eversheds/Fairfax, who have bought the debts (as confirmed to me by the original creditors), and these are credit card debts: (btw, I've also discovered that none of the original creditors are mentioned on their correspondence, instead, they mention the new credit card companies that have bought the old credit card companies that no longer exist. They also refer to one of the debts as a loan when it's a credit card!) Sending them, along with my letter offer of £1 token payment + I&E statement: Eversheds/Fairfax Solicitors Address Dear Sir/Madam Re:− Account/Reference Number XXXXXXXXXXX This letter is a formal request pursuant to s78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78(6) will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. We look forward to hearing from you. Yours faithfully Also sending the above to Barclaycard who has taken over the credit card debt from a credit card company that was bought by them a few years ago. Finally, for the bank overdraft, just sending Capquest a letter with the £1 offer and I&E statement and sending an SAR to the bank. Is there anything else I need or can send to send Capquest about this? They of course never provided anything that proves they are entitled to collect on behalf the bank (who also told me they sold the debt). Many thanks for your help and patience - I just want to be sure I send everything correctly from the start to avoid wasted time on my part (I'd like to leave all the mistakes to them!) Thank you!

Thank you Happihippy, it's very comforting to hear that. I've been so scared to do anything for years, I feel so lucky to have found nice helpful people that I have never met in person!

Great, thanks BB, will send them off and post when I have heard back. Thanks so much for your help!