I sent CCA request to RBS re a Mint Card. I have received the following which I am interpreting as purely an application form as this is what they say it is in their letter. I have then responded with the following letter: Dear Sir/Madam Account Number xxxxxxxxxxxxxxxxxxxxxxx I refer to my request for you to supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I acknowledge receipt of your letter dated xxxxx 2007 in which you state “Please find enclosed a copy of your application form as requested”. I did not request a copy of an application form. You have then enclosed a copy of an application form, the small print of which is totally illegible anyway. However the supply of this application form in no way satisfies my request for documentation for the debt you allege exists. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. To date, you have failed to comply with a legal request for a Consumer Credit Agreement (Consumer Credit Act 1974) in relation to the above account. You were in breach of the Consumer Credit Act 1974 on xxxxxxx 2007. I expect to hear from you within 10 days of this letter with a true copy of the executed agreement in relation to this account. If I do not receive this I will then decide what further action I will take. Yours faithfully The 12 working days and additional 30 days have now expired - I have had no response from my letter which was sent a month ago. What should my next respose be if any?

Letter as above sent to cabot today - will update when I hear anything.

Thanks Tomterm - thats great - again thanks very much.

Section 25 of The Law of Property Act.

You're spot on Tomterm, that is exactly the gist of the letter- Sorry you can't read letter it's quite clear on my screen. They end the letter by saying "Finally we would advise that you are misconceived and misadvised when suggesting that non-compliance with your request would be a criminal offence; the agreement would merely be unenforceable". I actually have never mentioned the word criminal in my correspondence. I said that they commited an offence after the additional 30 days. It justs look like a bog standard letter they are sending out to anyone who dares ask for a CCA and then queries why they haven't produced it. Do I need to respond or just ignore it?

I have a debt that has been assigned to Cabot. I sent them a CCA request and received a letter within the 12 working days that they had contacted the original creditor to investigate my query and whilst they anticipated a reply within 21 days it could take up to 8 - 10 weeks. I then received a further letter still within the 12 days offering me a 50% discount if I paid within 14 days. I did not reply to either of these letters. The 12 working days expired and then the additional 30 days expired. I then sent them a letter telling them that the deadlines had passed and that they had entered into a default situation and that the debt was unenforceable without the original credit agreement and that in addition they had committed an offence. It is now 70 days since they received the CCA request. I have received the following letter from them today and would like a bit of advise as to what my response should be.

I sent a CCA to Reliable Collections (acting on behalf of Candid Collections Ltd) The 12 working days does not run out until 13th June. Today I have received the following from them: Letter as follows: 'We thank you for your recent letter, the contents of which we note. In relation to your request for a copy of the executed agreement under section 78 of the Consumer Credit Act, I would refer you to regulation 3 (2)(b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1963. In it you will see that there is no requirement to provide a photocopy of the agreement bearing your signature; it is sufficient that we supply details of the Terms and Conditions to which you have agreed. We are therefore enclosing a copy of the type of Credit Agreement sent to you when you opened your account in February 2001, therefore, having been provided with this “true Copy there is no basis for you to either allege that you are exonerated from payment under the agreement In the absence of any denial that a balance exists in fact, as a result of orders being placed and received, we consider your assertion that you have no legal liability for payment to be based solely on the fact that the relevant credit agreement has not been signed. In this case, we would like to make it absolulely clear to you that should you take the decision not to make any further payments to the account, the fact of your nonpayment will be registered with a licensed Credit Reference Agency. This record will remain for a period of 6 years and which might in turn make it difficult for you to obtain credit in the future. Please clarify your position in writing.' Enclosed was a Copy Credit agreement with my details filled in - my signature is not on it (it wouldn't be as I have never signed anything from them) Can anyone give me advice on what to do now as this the 1st time I have had this type of reply? Do I wait until the 12 days have expired or do I reply to them now. I assume that what they have sent me is not enough for them to enforce the debt - They do in fact mention that a relevant credit agreement has not been signed in their letter. If I have not signed an agreement I assume they should not be processing my data or sharing it.

Thanks will change it.

I'm new to all this but have decided to start taking control of creditors trying to extort money from my family. The first one is a DCA acting on behalf of a creditor - we do not recognise this debt anyway. Sent CCA which was received by them on 11/4/07 - Letter received saying account put on hold for 2 weeks whilst credit agreement was sent. Nothing further received - I believe the 12 working days plus 30 days expired yesterday. I have drafted the following letter to send tomorrow - Is this OK or should I alter it in any way? VERY IMPORTANT - PLEASE READ CAREFULLY Dear Sir/Madam Re Alleged Debt xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx I refer to my letters dated 30th March 2007 which was delivered via recorded delivery to your offices on 11th April 2007. In my letter delivered on 11th April I made a formal request for a copy of the signed, executed credit agreement for the above numbered xxxxxxxxxx account under section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement. 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, your company commit an offence. These time limits expired on the 27th April 2007 and 27th May 2007 respectively. As you are no doubt aware subsection (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. Therefore as at 27th April 2007 this account became unenforceable at law and if I do not get a satisfactory reply to this letter it is my intention to refer this matter to the enforcement authorities. Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed. Failure to respond favourably to this letter within ten (10) days of receipt may result in immediate litigation being commenced against your company without further notice. I would appreciate your due diligence in this matter. Yours faithfully

Thank You.

I have read on various threads that only one charging order can be attached to a property. a) Is this correct? b) Can anyone point me to where I can read up about this please?

Can anyone point me in the right direction to read up on only one charging order on a property being allowed please?

A friend of mine had the same sort of letter - only the settlement figure was 25% of the alleged amount owing. They have already defaulted and now counting down to the 30 days after default. Also crapquest are now sending letters saying phone within 72 hours to prevent further charges - needless to say they won't be getting a call anytime soon!

I think the 'judge' may have made an error here - The bit he is referring to does not apply to old agreements entered into before this part of the 2006 Act came into force which I think was about the 7th April this year - therefore agreements before that still need the signed agreement to be enforced. 11 The repeal by this Act of- • (a) the words "(subject to subsections (3) and (4))" in subsection (1) of section 127 of the 1974 Act, • (b) subsections (3) to (5) of that section, and • © the words "or 127(3)" in subsection (3) of section 185 of that Act, has no effect in relation to improperly-executed agreements made before the commencement of section 15 of this Act. Consumer Credit Act 2006

I don't know whether this is any use to you but I have recently sent these letters out on behalf of my daughter. Number 1 to original DCA and number 2 to Scotcall who sent her a letter after the account went into dispute. Number One; VERY IMPORTANT - PLEASE READ CAREFULLY Dear Sir/Madam Re Alleged Debt (details) I refer to my letter which was delivered via recorded delivery to your offices on (insert date) and your reply dated (insert if any) In my letter I made a formal request for a copy of the signed, executed credit agreement for account number xxxxxxxxxx under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. This time limit expired on (insert date - 12 working days from delivery) Further if the request is not satisfied after a further 30 calendar days, your company commit an offence. This time limit will expire on/expired on (insert date) As you are no doubt aware subsection (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. Further to this I have now received a letter from a further Debt Collection Agency called ScotCall dated xxxxxx bearing your reference number. This in spite of your letter dated xxxxxx stating this account was on hold for two weeks. This action is in direct contravention of the Office of Fair Trading Guidance July 2003 (Updated December 2006). Para 2.6© refers - Unfair practices – ‘using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties’ In addition Scotcall have ‘threatened’ in their letter to arrange a ‘Doorstep Call’ This again in direct contravention of the above guidance Para 2.12(f) refers where a debt is disputed. I intend to take no further action over any of these breaches at the moment but if this harassment continues I will have no hesitation in reporting you to the relevant authorities! Number 2 ScotCall Spectrum Building 3rd Floor 55 Blythswood Street Glasgow G2 7AT 2nd May 2007 Your Ref: VERY IMPORTANT – PLEASE READ CAREFULLY Dear Sir/madam With reference to the above agreement I do not acknowledge ANY debt to your company or your client. Please find enclosed a copy of a letter today sent to xxxxx, the contents of which are explanatory. This alleged debt is in dispute and no further correspondence will be entered into with your company. Any correspondence from you will be retained as evidence and considered as harassment as per the contents of the letter to xxxxx and will in due course be forwarded to the relevant authorities. Scotcall then replied by return saying that they were no longer dealing with this matter and had referred it back to the original DCA.

What a great result for you!

Sorry this is what I was replying to!

Sorry to disagree but The Beneficial Financial Bank is a trading name of The HFC bank who are in turn part of the HSBC group. Beneficial do not offer bank accounts but merely offer loans/credit cards etc Beneficial Bank

They are part of HSBC.