You have totally misunderstood monopoly my post was not addressed to you. It was a general post ie. rather than ME double posting.

Rather than double posting could you take a look at my thread RE: MBNA 1st Credit for the latest update. http://www.consumeractiongroup.co.uk/forum/mbna/92653-fytc-mbna-1st-credit.html#post996778 Thanks

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You really need to get the CCA and SAR requests sent A.S.A.P. This is from the insolvency website: Can anyone appeal against or stop the bankruptcy? The court may 'annul' (cancel) a bankruptcy order. The bankrupt (and anyone else) can apply for an order to be annulled if: a. the court did not have all the relevant facts when making the bankruptcy order and would not have made an order had it known those facts; or b. the bankrupt can pay all the debts in full; or c. the bankrupt enters into a voluntary arrangement with the creditors. [*]An application to annul the bankruptcy order can be made at any time (even after the bankrupt's discharge). For further information about annulment of the bankruptcy order, please refer to our leaflet 'Can my bankruptcy be cancelled?'. [*]The bankrupt can apply for the ‘rescission’ (cancellation) of the bankruptcy order, if there has been a change in circumstances since the bankruptcy order was made. A rescission will usually only be granted in exceptional circumstances and normally requires the consent of the petitioning creditor. [*]The bankrupt can 'appeal' against a bankruptcy order on a point of law. As a result of an appeal, the court can cancel the bankruptcy order or otherwise change its decision. The bankrupt should appeal within 4 weeks of the order being made. [*]Bankruptcy proceedings can be 'stayed' (stopped). The bankruptcy proceedings are usually only stayed while waiting for an application for an annulment, an appeal or a rescission of the bankruptcy order, or while an individual voluntary arrangement is being proposed. The bits in red are what will be the basis of my defence if 1st Credit carry through their threats. Incidentally what is the amount 1st Credit are claiming and who was the original debtor. There is hope.

42man you have my greatest sympathies. I am dealing with 1st Credit - MBNA, I sent a CCA request and they supplied an illegible application form with no prescribe terms so unenforceable. I sent them a letter informing them of this and I have been threatened with bankruptcy twice, the second time after receiving a set of terms and conditions which they say fulfill their obligations for the original CCA request. I really look forward to fighting them as I don't have any beneficial interest in our home, it belongs to the wife and that is registered via a Trust Deed with the Land Registry. Keep your chin up and keep fighting don't let them win.

Excellent question and a course of action that I need answers to. In particular the issue of acknowledging the debt by offering a full and final.

I sent 3 CCA requests to RMA for AMEX. No replies apart from letter asking to contact them. They are now well into criminal default, look forward to dealing with NCO, I think they may try the 'we didn't receive as we are not RMA anymore'. Tough I've got proof of delivery.

My last letter from 1st Credit stated in bold at the heading FINAL RESPONSE to my disputing their response to my CCA request. Is this now the stage I try and get the Financial Ombudsman, OFT and TS involved. Thanks

Experts Yeah right below is a comment by one of the Consumer Direct 'experts' I quote: 'An agreement is that little leaflet you fill in when you apply for a Credit Card isn't it?'

Letters going off tonight to Egg for removal.

We purchased a red corner suite November 2005. We have noticed the red colour is wearing away on the seams and looks awful. Called the store and today a man came out, he said he could touch the affected areas up to restore the colour but could not guarantee it will not happen again. He said it often happens on the seams. I refused the repair on the grounds that it would not be a permanent repair. He said there was not much he could do as we had had the suite over a year. I told him that surely a leather suite is meant to last more than a year and mentioned the Sale of Goods Act. He said he would report back to his store manager who would contact me. No contact as yet. I'm putting my complaint in writing to the store and head office. Any ideas how long I should give them to sort the problem out and what should I ask for. Refund, New Suite? Thanks

Yes sorry for hijacking the thread. However I would have thought 18 months a little short on time for what is, after all a £3000 leather suite, for wear and tear. :-|

I just got my full SAR request from Egg. It all looks kosher and In think they are one of the few who keep quite good records. The only thing they did not include and there is no reference to them are the two defaults they registered with the CRA's if they don't hold a true executed copy can I try and get them removed? thanks

Just spoke to Consumer Direct to register a complaint about MBNA. They registered the call but then asked me call the Financial Ombudsman Service. Do they know what they are talking about. I told them about the totally illegible agreement I recieved and the fact the the T&C's purported to be from 1997 but had 2006 information on them ie £12 late payment charges. The FOS person was totally disinterested, she also said, and I quote 'The Credit Card Agreements are those little leaflets you fill in.' Give me strength. I did get a reference number and they said 1st credit MBNA had 8 weeks to sort it out with me direct. Thoughts most welcome.

I agree it all stank of old boys club.

I have a similar issue with DFS although i have my suite 18 months. We bought a red corner suite November 2005. We have noticed the red colour is wearing away on the seams and looks awful. Called the store and today a man came out, he said he could touch the affected areas up to restore the colour but could not guarantee it will not happen again. He said it often happens on the seams. I refused the repair on the grounds that it would not be a permanent repair. He said there was not much he could do as we had had the suite over a year. I told him that surely a leather suite is meant to last more than a year and mentioned the Sale of Goods Act. He said he would report back to his store manager who would contact me. No contact as yet. I'm putting my complaint in writing to the store and head office. Any ideas how long I should give them to sort the problem out and what should I ask for. Refund, New Suite? Thanks

Oh well they didn't answer my question why they still process data in abscence of agreements athough they did specifically say when you take out credit you agree by signing the credit agreement. So no agreement no permission to process. We can live in hope.

Hi all, Latest installment. Received this letter in post this morning. Still as sarcastic as ever. I have penned a response which I would like your thoughts on. Thanks again. My Response: xxxxxxxxxxx xxxxxxxxxxx xxxxxxxxx xxxxxx 7th July 2007 First Credit Limited Enterprise House Bancroft Road Reigate Surrey. RH2 7RP ROYAL MAIL RECORDED No. DH xxxxxxxxxxxxx Dear Sir/Madam Re: Account/Reference Number xxxxxxxxxxxxx I am writing in response to your letter dated 5th July 2007 received today. In reference to the letter dated 3rd June which you refer to in your letter, sent to you by recorded delivery Ref: DH 8797 2242 9GB, this letter was sent in response to your letter dated 28th June 2007 from yourself. The date on the letter was a typing error and should have read 3rd July 2007. The date of posting and recorded receipt by yourselves will be treated as the date of service. Incidentally the first letter from yourself received by me on 15th June 2007 was actually dated 13th July 2007 clearly a typing error on your part. For the avoidance of doubt I shall, once again, state my position in relation to this matter. I hereby inform you that on 4th May 2007 a request , including the statutory fee of £1.00, for a copy of the executed agreement held by you applicable to the alleged debt was made. Your response was received on 10th June 2007 enclosing what you claim to be the executed agreement. I responded to you on 10th June 2007 by Royal Mail recorded DH 8797 2203 5GB, stating that you confirm this is a true copy of the original executed agreement and informing you that under the CCA 1974 the agreement is unenforceable. On the 15th June 2007 I received another letter, dated 13th July 2007, stating that you had contacted your client and would be providing the ‘relevant ‘prescribed terms/conditions’ etc to fulfil (sic) their legal obligations’. In this letter you also made a threat of bankruptcy proceedings contrary to the Office of Fair Trading Debt Collection Guidance. On the 3rd July I received your letter dated 28th June enclosing what you state to be ‘the relevant terms and conditions’. You also repeated the threat of bankruptcy proceedings and requested payment of the alleged debt. As I am sure you are aware a regulated credit agreement contains all of the prescribed terms, other required information and statements of statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided and must be those applicable at the time that an agreement is signed. I request your confirmation that the be ‘the relevant terms and conditions’ supplied are those applicable at the time the alleged agreement was signed. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, an offence is committed. These time limits expired on 25th May 2007 and 24th June 2007 respectively. As you are no doubt aware, Section 78(6) states: 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.. Again for the avoidance of doubt, under the CCA 1974 the account is in dispute and I do not acknowledge any debt. I also draw your attention to The Office of Fair Trading Debt collection guidance document Final guidance on unfair business practices July 2003 (updated December 2006) which states that unfair business practices include: • ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment • failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued • not ceasing collection activity whilst investigating a reasonably queried or disputed debt. • applying unreasonable charges, for example, charges not based on actual and necessary costs • applying charges which are disproportionate to the main debt • leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge • asking or instructing debtors to make contact on premium rate telephone numbers • falsely implying or stating that action can or will be taken when it legally cannot • putting pressure on debtors or third parties is considered to be oppressive. • passing on debtor details to debt management companies without the debtors' informed prior consent • misleading debtors into believing they are legally liable to pay collection charges when this is not the case I also note from my Experian credit report that a default has been entered against me relating to this alleged debt. I cannot recall ever having received a default notice. I hereby request a true executed copy of the original default notice as is my right under the CCA 1974 for which the default was registered with Credit reference Agencies. If no such copy can be supplied I insist that the defaults are removed forthwith. Experian also list 1st Credit Limited as the creditor. I note from your correspondence that you refer to MBNA as your client. Could you please confirm the status of the ownership of the alleged debt and provide documentation relating to the ownership. I also formally request a copy of your complaints procedure which is my right. Confirmation and acknowledgement of this letter should be received within the next 14 days. Yours faithfully Mr xxxxxxxxxxxxx

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Will my Environment Agency Fishing Licence suffice.

We bought a red corner suite November 2005. We have noticed the red colour is wearing away on the seams and looks awful. Called the store and today a man came out, he said he could touch the affected areas up to restore the colour but could not guarantee it will not happen again. He said it often happens on the seams. :o I refused the repair on the grounds that it would not be a permanent repair. He said there was not much he could do as we had had the suite over a year. I told him that surely a leather suite is meant to last more than a year and mentioned the Sale of Goods Act. He said he would report back to his store manager who would contact me. No contact as yet. I'm putting my complaint in writing to the store and head office. Any ideas how long I should give them to sort the problem out and what should I ask for. Refund, New Suite? Thanks

Sent the CCA request 9th May 2007 to Legal & Trade who have been collecting for HBOS Preference Account. I received a letter back dated 29th May stating that the they have passed the request to their client and that the account was placed on hold. Today I received a package and letter from IQOR Recovery Services, same address as Legal & Trade, enclosing statements back to 1995 and request to settle the debt. Still no agreement or T&C's relating to my original request. They are now well outside the 12+2 +30. BoS have a product which I consider to be a running credit account. It is called the Preference Account and is advertised as this: THE MONEY YOU NEED WHENEVER YOU NEED IT Extra spending power No annual fee Combined cash card/cheque guarantee card/Switch card Minimum repayments only £5 or 5% of outstanding balance Free magazine with regular special offers Provided by CAPITAL BANK plc APR 29.9% (variable)You can apply for a Preference Account now. It’s a cheque account with the extra advantage of a built-in credit limit of up to £2,500. Upon acceptance you will receive a Bank of Scotland cheque book, a cheque guarantee card with cash card and Switch facilities. This special account gives you the ability to cope easily with those unexpected - and expected - expenses without incurring bank charges on your current cheque account. This proves especially useful for spreading the cost of motoring expenses such as servicing, accident repairs, parts and replacement tyres, for example. A monthly statement details all transactions and confirms your authorised overdraft limit while showing the amount you still have available to spend. Today received the application form with T&C's on a seperate sheet. Now I think I have said previously that this account was a card that also came with cheques. It had a limt of £2500 and you paid interest on the debit balance via a minimum payment on a monthly statement. Now you may think as I do that this is a credit card account but looking at the application form that has come nowhere does it say it is regulated by the CCA 1974. My obvious suspicion is that BoS will say this is a current account but the whole concept of the card was to use the limit given so therefore they are giving you credit to use as per a credit card. If the document they have provided makes no mention of the CCA 1974 what is the consequence of this. I would urgently like your opinions on this. This is the document supplied in response to my CCA request: http://i62.photobucket.com/albums/h107/garyeyre/IMG_1185.jpg This is the monthly statement: http://i62.photobucket.com/albums/h107/garyeyre/IMG_1184.jpg Thanks Bump Anyone Thoughts most welcome. Thanks

Fantastic post. A clear layout of what we should be looking for. Look forward to more. Thanks Peter

It's not retrospective. All agreements before then have to be produced as I understand it.

Hi Peter, The letter from 1st Credit states in the first paragraph: 'These in conjunction with the true copy of the agreement sent to you fulfill the relevant obligations under the Consumer Credit act.' This is the agreement sent previously and which I responded thanking them for the true executed copy however it is not enforceable. What are your views on the T&C's being a cut and paste re-construction. Thanks