Any signatures on the application form Big George? The agreement looks very like the one they sent me and had to discontinue in court. Is the application form shown on the link? Default Notice looks short of time to remedy i.e. they haven't allowed for postage and only working days are counted not weekends.

Hi Karenza, before the cavalry arrives - have a look at the Cabot fan club in the search box above, also have a look at the legal successes forum, can you removing identifying details post up the particulars of claim using one of the free photoimaging sites such as photobucket. Also did you ever get any default notices and if so, can you post those as well?

Great news, well done, now you just have to decide who else to trust your money with!

Hi, have a look at this link to Pinky69's epic battle, hope this will be helpful: http://www.consumeractiongroup.co.uk/forum/showthread.php?196312-Invalid-Default-Notices&highlight=pinky+69+Invalid+Default+Notices

Hi Helen, this link should help:- http://www.consumeractiongroup.co.uk/forum/showthread.php?105315-Is-My-Agreement-Enforceable-Useful

Put in an urgent complaint to your local MP as well, mine was very helpful in making the HMRC see sense, in my case it was only a few hundred they said I owed when in fact they owed me but I got the threats of distraint orders too. Good luck with this, they are really awful to deal with, still took them six months to come up with my refund!

Here's a link which might be helpful:- http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/237096-overdrafts-covered-ccas.html

I think you are being remarkably level headed. The trouble is I think the advice most people would give you and is certainly what most people do with credit cards is to CCA them to see if they actually have any form of written and signed agreement but as you know overdrafts are a little more tricky. Also, you have said you are frightened of raising their hackles if you send them an SAR but usually peeps find that if they (the bank) haven't got the paperwork in order it tends to make them more reasonable regarding full and final offers or repayment plans. £100 a month sounds a very good offer but are you going to be stuffed if they still add interest which they could well do. I had this with one of my CC's and was paying the same amount as you have quoted, they let this run for 6 months and then said I had to send in an Income/Expenditure and had started adding interest. CCA'd them, no agreement, stopped paying and heard not a peep since.

Its a dilemma Franz but what you have to remember is that this is not a moral question but a legal one, posting a link which shows just what Banks can be capable of:- http://www.consumeractiongroup.co.uk/forum/legal-issues/241742-hushpuppy-round-1-hushpuppy-13.html

I cannot remember signing any loan agreement, although I do have a vague recollection of signing to open the account. Thats why - its possible they have plenty of your signatures already but at least not signing removes the temptation for a bit of blue peter work on the Bank's behalf. Yes sending the SAR would raise their hackles but are you confident of the company's ability to service any new agreement?

Yes, I had a tricky situ in my case v MBNA as I had managed to reclaim penalty charges on my CC and had also been on a repayment scheme but they had nothing not even an application form . The Judge asked me about the money owed but I said that I hadn't been aware of my rights under the Consumer Credit Act at that time. The other side kept repeating the money is owed etc but the Judge said "have you an angreement, they had to admit "no"- game over!!

I don't know whether you have seen this quote from Francis Bennion:- http://www.francisbennion.com/pdfs/fb/2003/2003-061-consumer-credit-1974-s127-3.pdf

No, because you are only exercising your legal right to see if any agreement is in order or enforceable. If they terminate on the back of an unlawful/invalid default notice, demanding the full outstanding amount then that is unlawful repudiation of contract.

It is not compliant even tho' it allows you 28 days, it should show a specific date to remedy, have a look at Schedule 2 of Default Notices, Terminations etc in the statutes library on CAG. Have managed to keep Capquest/Capital One at bay with this as they terminated on the back of this invalid default. Wrote to Cap one accepting their unlawful repudiation, once you do that the contract is now longer live and they cannot re-issue a default.

Hi overdraft, did you get a default notice from Cap One on this and if so is it compliant?

Franz, is this a limited company? Have you seen any paperwork for the personal guarantees? This is a tricky situation isen't it? Depends whether you think the company could service the loan and going that way, if things go wrong and they will almost certainly tie you into all sorts of guarantees to make the loan secure against any property you and your fellow director have privately, then what happens if you fail to keep up the payments? On the other hand if you decide to go up against them now, the first thing to do is a subject access request, £10 postal order and neither of you sign recorded delivery and see what they come up with, it does seem odd that they are not coming up with any paperwork at present.

Hi, I would enter "please refer to my subject access request dated..."

Have a look at Pinky's epic successful battle with the CRA's:- http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/267259-defaults-removed-successfully-credit.html

Have a look at this link WBT, may be of interest to you (Page 6) http://www.consumeractiongroup.co.uk/forum/legal-issues/238021-notices-assignment-hfo-services-6.html

Hi linz, sorry only just got back to this been out for the day - as Triton are the ones who have been getting your dosh, complain to them first.

WBT, I'm guessing that you haven't done the Subject Access Request, you really need to do this to catch them out on their Blue Peter Antics. Are the defaults in Barclaycard's name and what sort of time do they give to remedy? Also have you kept the envelopes from HFO?

Send a letter recorded delivery making an official complaint of everything you have posted on here. They usually have 28 days in which to deal with your complaint, if they fail to deal with things properly, you can then progress your complaint to the Financial Ombudsman Service, you can fill in their complaint form online. Also complain to your local Trading Standards about the poor level of service you are receiving, don't speak to these people on the 'phone, its a waste of time. You should also write to Trading Standards as well rather than 'phoning. Don't get depressed, you have been trying your best to deal with this and need to re-group, stand up for yourself and take control - chin up:)

Hi, did you ever get a default notice from the original creditor? If so can you post up the copy of the agreement received from HFO removing identifying details first using a free site such as photobucket and also the default notice if you have it for peeps to give an opinion on. Never Never speak to these people on the 'phone, they're a real tricky bunch. Send them the telephone harassment letter from the debt collectors library on here.

I like your style WBT:D

Have you sent a Subject Access Request to BOS. The template letter should be in the debt collectors library. You have to enclose a £10 postal order, don't sign, print your name and send recorded delivery. They have 40 calendar days in which to reply and if they refuse report them to the Information Commissioner. This could turn up some interesting information for you.