Update: At last a response. They request OH's signature before they are able to respond to the acceptance of termination letter! Don't think so !

Update: Still no response to letter accepting termination - they are still continuing to send monthly statements!

Update: Sent letter to Restons which they have returned as they could not be sure if it had come from OH due to lack of signature! That was three weeks ago.

Send this to the DC. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

Shel, Just dropping in to let you know that your name is shown at the botom of your letter, which by the way is a very apt response. X

I know Vint. Probably best to sleep on it. Now I'm off to prepare the roast - enjoy yours if you haven't already!

My most grateful thanks to you both ,especially on a Sunday. I can see the merits of both letters so decisions, decisions.

Whoops, crossed posts Pedross!

I understood that if xxxx serve papers , it is deemed as served 5 days after the date on the summons, then I have a further 14 days to acknowlege service. Have I got that wrong? Just had a look on the Courts website - appears my thinking is correct so providing they don't issue before xxxx, we should just about be ok. That based on the assumption that it is a simple procedure and that we will be able to file on-line and that our flight is not delayed. (Touch wood!)

Hello Vint, thanks for stopping by. Yes, this is the first contact from Restons. Hi Pedross, Thankyou so much for the letter. While you were busy beavering away on my behalf, I have concocted this. What do you think, I fear I am giving too much away about the D/N, perhaps yours is better? It appears that as HFC sent the application form 'without prejudice' that I cannot produce this in court? But, as you say, the D/N is more important. I understood that if they serve papers , it is deemed as served 5 days after the date on the summons, then I have a further 14 days to acknowlege service. Have I got that wrong?

Pedross, I understand your comments and they are appreciated. I think I need to get the wording of my response to Restons absolutely correct so any help with the construction of such letter would further be appreciated. In addition, if we are soon to be in receipt of court papers (jumping ahead a little I know) are you able to answer my last question in post#4 above?

Pedross, The document I have is headed "Priority Application Form" and they have stamped it with an application number. There is a signature box at the bottom with "Credit Agreement regulated by the Consumer Credit Act 1974" so that would be why they think it is an agreement. But, as I have said before, it is missing all prescribed terms and there are no t&c's. Clearly this does not comply with legislation. They have very kindly also supplied a generic blank "Credit Card Agreement" so I could see what one would look like. Suffice to say, it is nothing like our application form! (For your reference,our docs are exactly the same as those in post#53 here: :http://www.consumeractiongroup.co.uk/forum/legal-issues/199150-sb100-hfc-default-compliant.html ) The D/N was posted second class, and also contains the orange bar codes that may suggest that it was not even necessarily posted on the date of issue. It does contain the sentance concerning termination as you stated above so can we assume that they have done so? In which case, I should be sending my acceptance of that termination as I have done on my other threads?

Couple of questions if I may? What is the significance, if any, of them stating they had sent the "legal agreement "(i.e. application form) in response to my CPR 31.16 request, without prejudice? Should we have received a termination notice? What would be the situation if one was not able to acknowlege service of court docs within the requisite time due to being away on hols for example? Thanks in advance.

Hi Pedross, thanks for your input. I am not able to scan at present but I can assure you that the application form is just that. It's a one sided document containing only OH's personal details, absolutely no prescribed terms or t&c's. The D/N is also definately defective. Envelope securely filed. My assertions are based on information gleaned from this site over many months, in relation to my experiences with other creditors. I did not mean to give the impression that this would be "a walk in the park", just trying to retain my humour in what has been and will be a stressful time and I am extremely grateful for the posters on this site that help me along the way.

Hi all, here we go again! Brief history: In response to CCA request, received blank copy of application form and various generic T&C's. Account placed in dispute. In response to CPR (Pt 31.16) eventually received a 'Without Prejudice' letter "enclosing a copy of your legal agreement." This "legal agreement" is an application form, headed as such and completely devoid of any prescribed terms. RESTONS Received from the above, letter demanding payment of the whole balance plus capitalised interest "failing which a summons will be issued". Yeah right, bring it on, as our case is exactly the same as 'SB100's (and others like him) who has just *WON*. Would very much however, like to send them something along the lines of - Look you cretins, how many more cases are you going to attempt to bring to court, knowing full well you cannot win, abandoning the day before hearing and then having to pay out on cost orders??!! But, if this course of action results in us making some money out of them, why not.

Well done SB, extremely pleased for you. About to follow in your footsteps having received our first letter from Restons this morning. Are in exactly the same position as you were i.e. only an appliaction form devoid of any prescribed terms, defective D/N etc, so will be referring to you over the coming weeks if I may. Now go get 'em for wasted costs, you've nothing to lose.

Hi MM (Angel No.2), The closest they'll get is to wave at me via the CCTV on the electric gates!! ;)

Wooooooooooooh - now we've had one of those lovely 'we shall be calling' letters from power2contact - bovvered? Not at all ! Doorstep letter already in the post.

So............have recived a response from Halifax thanking OH for his letter but they don't say which one! Their letter goes on and on and on and on about how they have fulfilled their obligations under s78 and do not consider the account in dispute blah blah blah. What account?? There is none, 'tis gone, capput TERMINATED. Are they:confused:.com?? Muppets!

Recived a reply from Optima stating that I should have addressed my correspondance to their client, therefore my letter has been forwarded to MBNA for their comments. Can't wait.

Hi SB, I too wondered if something stronger was needed particularly in our situation but sent the 'bemused' letter in the first instance. Still waiting for a response - shant hold my breath!!

Vint & DD - Thankyou.

Sorry, could I just check something? Although the letter from Tesco is headed "Account Termination" they state they are terminating rather than have terminated. Does this have any bearing on when I send letter accepting the termination?

Thankyou "my little angel" for confirming my thoughts, will send them Didydicky's termination letter. (By the way, have been meaning to send you my best wishes for your battle with MBNA/Optima. Keep at'em! xx )

Hi DD & Vint, Apologies for hi-jacking but wonder if you would care to comment on this -http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/242747-fluffystuffs-oh-tesco-credit.html Thanks as usual. x