From memory, yes I think it was an online application. But wouldn't they have had to send me a physical agreement to sign? This is what I'm confused about.

Hi everyone, Got an unusual letter from DLC and hoping somebody can help me understand it. This was in response to my CPUTR request. They are threatening court action and had previously sent me a very dodgy looking "copy" of my agreement. Now they are saying there is no signed agreement as it was done online. It was a long time ago but I'm sure I must have signed something. Does this mean they don't have the original agreement and are trying to mislead me? ------------------------------------------------------------------------- We do not currently hold an original agreement however we have obtained a copy from the original lender which we enclose for your reference. Please note the agreement is an online agreement therefore will not contain a signature. The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into effect on December 31 2004 and changed the Consumer Credit Act 1974 to facilitate the completion on regulated agreements online. Documents can now be transmitted and signed electronically. The process is that after going through an online application process which includes ID and CRA checks, the customer is presented with the agreement and terms and conditions in full. The customer has to click to accept these, and the agreement and terms and conditions are transmitted in a form which allows the customer to print or save them and the customer is encouraged to do so. The customer signs the agreement using an electronic signature – an “x” is typed into the signature box. By virtue of the Electronic Communications Act 2000, an electronic signature is admissible in relation to any question as to the authenticity of an electronic communication ( ie the agreement). For these purposes “authentication” is a reference to whether the agreement is intended to have legal effect. The wording in the CCA signature box clearly indicates that this is the case. An electronic signature is defined by section 7(2) as “so much of anything in electronic form as- a)*** is incorporated into or logically associated with any electronic communication or electronic data; and b)*** purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both”* Section 15(2) deals with the meaning of authentication. In respect of your s78 request under the Consumer Credit Act 1974, please find enclosed a copy of your original agreement, along with current terms and conditions and those applicable at the time of inception. * This now completes our obligations under the Consumer Credit Act 1974 and satisfies your s78 request. We believe the agreement to be fully enforceable and we will therefore continue to pursue you for repayment of the account balance. *

If they know I don't live there surely that will be frowned upon by the court?

Hi everyone, I have Hillesden on my case again after sending me a blatantly bad "reconstituted copy" after my CCA request. I have sent them a CPUTR request which they are ignoring. They are threatening to go to court to get a charging order over my UK property. Now here is the question. I live abroad, I have done for over 3 years. Can they get a CCJ against me when I am outside of the UK? When I told them on the phone that I do not live in the UK their response was that they would get the CCJ and charging order at my old address whether I receive the court papers or not. Can they do this?

Hi DX, In my situation the debts are under 6 years old... the defaults were all around 2008. Can it just be that the OC's are crap and disorganised?

DX, I've never fully understood why the debt being missing from your CRA file means we should consider not paying it/ignoring it? Apologies if I'm being stupid but can you explain?

On the advice of DX100UK I am seperate threads on the 2 companies I am dealing with. Barclaycard (1 BC card and 1 Egg card) Have responded to my CPUTR request with the expected "we've already sent you a reconstituted true copy of your agreement" In addition they've cancelled my previous repayment agreement and are now demanding full payment (and possibly adding fee's and interest again) So they have not confirmed that they have the original agreements under my CPUTR request. What would be the next steps? Has anyone else reached this stage with BC/Egg? I expect the next stage will be for them to take me to court so would appreciate input on what to do next. Your advice as always is much appreciated.

On the advice of DX100UK I am seperate threads on the 2 companies I am dealing with. Tesco Credit Cards: Have responded to my CPUTR request with the expected "we've already sent you a reconstituted true copy of your agreement" In addition they've cancelled my previous repayment agreement and are now demanding full payment (and possibly adding fee's and interest again) So they have not confirmed that they have the original agreements under my CPUTR request. What would be the next steps? Has anyone else reached this stage with Tesco? I expect the next stage will be for them to take me to court so would appreciate input on what to do next. Your advice as always is much appreciated.

ok so quick update on this one DX100UK 3) Tesco Credit Cards: Have responded to my CPUTR request with the expected "we've already sent you a reconstituted true copy of your agreement" In addition they've cancelled my previous repayment agreement and are now demanding full payment (and possibly adding fee's and interest again) 4) Barclaycard (One CC from Barclaycard and another from Egg that they've taken responsibility for): Same as above. So they have not confirmed that they have the original agreements under my CPUTR request. What would be the next steps? If I sit on my hands I suspect they next I will hear from them is court papers... Can you confirm for me that without the original they are unlikely to be successful in court? What's the worst that can happen here? Your advice as always is much appreciated.

So next steps? Egg were bought by Barclays...

I've got Apex and DLC I've got annual statements clearly showing that the balance is reducing.... if it wasn't then surely thats fraud? For Blair et al I've got monthly BOS statements showing the reducing balance as well. So all ok there.

statements from the OC's or DCA's

DFH in Manchester was the DMP company and yes the payments were coming off the balances.

Hi DX, Any further advice on this? Should I send the CPUTR 2008 letters to 3 and 4? thanks

Reclaiming what? sorry if I'm being dim. No PPI on any of these as far as I'm aware. Egg was from around 2002 but need to check exact date. Barclaycard was more recent, around 2007/8. Last payments to all were late 2011. All debts are credit cards, DLC was MBNA, Apex was Goldfish.

ok so the culprits are 1) Apex Credit Management: Could fulfill the CCA request so have handed it back to the original creditor. Does appear on the CRA report from Experion under APEX. Card started May 1998, default April 2009. 2) Blair Oliver Scott on behalf of Bank of Scotland Credit Cards: Sent me a signed copy of the CCA Agreement. Does appear on the CRA report but under Bank of Scotland, not Blair Oliver Scott. Card started Sept 2006, default September 2009. 3) Tesco Credit Cards: Have sent me a reconstituted "true" copy of my credit agreement with no signature. It does appear on my CRA report from Experion under Tesco. Card started March 2008, Defaulted Dec 2008. 4) Barclaycard (One CC from Barclaycard and another from Egg that they've taken responsibility for): Have sent me a reconstituted "true" copy but DOES NOT appear on my CRA File. 5) Direct Legal Collections: Have not sent me anything after my CCA request and DOES NOT appear on my CRA report. So with 2 I am surrendering to my fate but 1,3,4 and 5 I want to pursue as much as possible. I have been paying for 3 years via a debt repayment plan.... My plan of action should therefore be.... 1) Sit on my hands I presume and stop all payments 3) Hit them with a CPUTR 2008 letter? 4) Hit them with a CPUTR 2008 letter? 5) Sit on my hands and stop all payments. your advice as always is much appreciated.

Hi Dx100uk, So I've finally got access to my CRA account. Of the 6 parties chasing me only 3 of them appear on my CRA. Of the 3 that appear onmy CRA 1 has provided me with a signed copy of my original credit agreement following my initial CCA letter. 1 has sent me a "true" copy with no signature. 1 DCA has written to me telling me they are no longer dealing with my account and has passed it back to the original creditor (they admitted they could not provide me with a copy of my agreement requested in the CCA letter) Of the 3 that don't appear on my credit record, they are all going down the route of sending me "true" copies with no signature and drafting long letters about why I need to keep up payments. Any advice on what to do next? thanks in advance

Will do DX, cheers! Will come back to you when I get the CRA file.

I've just requested the statutory £2 report from Experion.... will that be enough?

Hi everyone, Firstly thanks for all the hard work and advice from the regular posters on here. I found the site a few months ago while struggling with credit card debt and sent off the CCA letters to the DCA's and a couple of credit card companies who kept the debt in house. The responses to the original letters were in 3 categories. 1) We have no CCA or we're looking for it 2) Here is a "true" copy with no signature etc 3) Here is the CCA For 1 and 2 I then sent off the follow up letters and put the accounts into dispute. I'm now waiting for the follow up or fall out from these letters. What I'm hoping to clarify on here is the current latest advice given the Carey vs HSBC outcome. 1) Was I correct to put the accounts in category 1 into dispute and stop making payments? 2) As above but for those who sent me a "true" copy.... how should I deal with these? Its all credit card debt and I have been on a debt repayment plan for 3 years but recent changes in circumstances are making it very difficult to keep up. thanks in advance