Thanks Brig, however, have just had a call from Fred's during which I told them I only deal by post. Looks like the fun is about to start all over again!

@ BRIGADIER2JCS I can't find one, they sent me 2 different copies of an agreement (with different dates) and I wrote back telling them that I still held he account in dispute as the agreements weren't enforceable. I have only heard from Moorcroft since (who have today written offering a 25% discount). As far as I'm concerned, the account is still in dispute & I don't respond to Moorcroft at all, since I wrote to them and told them it was stilll in dispute. Any help gratefully accepted.

I had the same letter last week and have received a letter today from Arrow to say that Moorcroft are managing the account. Moorcroft are not a problem as I've successfully blown them off in the past. Refusing to speak to them and answering the first letter with a letter telling them I was 'in dispute' and then ignoring everything else they sent. Bit worried about Fred's getting involved though. My problem is that this account is in dispute with Egg, and has been for well over a year with no payments being made. Can they legally sell the account like this? I thought that 'in dispute' accounts have to be kept and cannot be transferred. If this is the case, I'll write to Egg, Moorcroft, Arrow and the ombudsman. If it is legal, do I have to go through all of the SAR business again & put the account in dispute with Arrow when they don't come up with an agreement? My advice to The Debt Star is that they cannot have what you haven't got. When Arrow write to tell you who is managing the debt for them, send an income/outgoings sheet and reiterate your offer. In my experience (6 creditors) they always accept a fair offer backed by your I/O sheet. It looks pretty bad on them if they take you to court after refusing an offer to pay what you can afford. Most importantly, DON'T WORRY!

Thanks DX, Do you or anybody else know if there is a statute or case law that covers it? Thanks Rob

Thanks Guys, CAG take all the credit (if you excuse the pun). (- not only smiling now, I even cracked a joke!) I sent an SAR letter in at the end of July, queried the return and that was it. I didn't do much really. They were so quick replying, we knew something was up! However. Apex admit in the letter that they have known since April that this was unenforceable and didn't tell me. Isn't there something in CCA1974 that they have to let us know? I'd appreciate advice from somebody knowledgeable in these matters as I intend to make waves if this is correct. Many thanks RobboM

I've posted it here http://www.consumeractiongroup.co.uk/forum/showthread.php?274033-Apex-has-passed-account-back-to-Egg-cos-no-agreement. DX & I thought you'd all like to know. They sent my £10 SAR cheque back too!

Hi all, Its only a very small victory, I know, but I got a lovely letter from The Apex Credit Management & Bulls*!t Production Company today telling me that Egg could not provide them with the signed credit agreement, or the default notice that was allegedly sent before assignment and therefore have returned the account to Egg and removed all CRA activity they have put on! Is there anything that I can claim from Apex (like all the payments I have made to them) to donate to CAG? I couldn't have got this far without reading the excellent advice from this site and would love to give back somehow... I still have my MBNA struggle and realise that I will soon be dealing with Egg again, but I SAR'd them yesterday and am not expecting anything new. It is just so lovely to get rid of the DCA, I find the original lenders much easier to deal with. Didn't think a bit of happy news would go amiss here! Feel free to comment RobboM

Subbing Remember, after 6 years of default they can no longer enforce in court! Keeps me going!

Am I right in thinking that any amount under £5000 has to be pursued through Small Claims Court? I think I read it somewhere, but just can't find it!

Thanks guys, As I see it, they don't have an application or agreement and have admitted it. They have sent loads of un-enforceable DNs that disappeared from the SAR as if they had never happened. I saw off Allied International, so am going to fight MBNA all the way. I'll post the letter I've sent after they've had chance to read it officially! Thanks for your support Wycombe! I can't answer you Vengence, I really didn't understand. (I'm not feeling well though - Man Flu!) RobboM

Posted twice - Oops!

Thanks Wycombe, I do have a house with very small equity (about 1/6 of my debts), but MBNA have admitted that they are unable to provide a copy of my credit agreement. I think that this makes it unenforceable and don't know what my next move should be. Do I now refuse to pay, send an 'account in dispute' letter and wait for the court papers or do I try harder to get the agreement, making sure I exhaust every avenue before going any further? Is it likely that they will be able to come up with an agreement that is admissible in court? Any advice from members gratefully received - Thanks again Wycombe RobboM

Thank you Wycombe, I haven't had a DN yet (from MBNA), but I am paying a token amount of £1 per month as my income is so low at the mo. I have been administering my own DMP with all of my creditors since Jan 2007 and have had all interest and charges frozen since then. I was originally paying the minimum amount every month, but over the last few years have had to offer less and less until my current offer. In April I was promised a sum of money as a gift to offer in f&f to my creditors. Nobody accepted my offer and everybody started to harrass me. Then Allied International, and now I just want it all to stop again! I really had had no problems until then. I have always kept them up to date on my income/ expenditure etc. my offers were always accepted and everybody was so polite. This is what I received from my SAR:- Recent terms & conditions. Call Logs (3 different sets). HBoS statements from before MBNA took the account over. (no interest rate shown on any of them) SOME of the correspondence and payment offers I have sent. 3 screen dumps of TACS Super station system, one detailing my security answers, and the other 2 are Account Information sheets, TACS screen dumps001.pdf, but the account numbers and dates are different on them. Interestingly, the change in status etc between the 2 happened at the same time as my f&fs went in. I have been receiving statements from MBNA, but there are no copies of these included, or any other of the myriad letters I've had from them. Could it be that they really haven't got records of then, other than in the call logs? The covering letter, SAR Reply 08-10002.pdf clearly says that this is all they have. Sorry, I've gone on a bit! Thanks again RobboM

Subbing Good luck Wycombe!

As the pack was not sent 'signed for' should I go down the road of telling them I have not received it at all, just to see if they send the same stuff? Happy to report them for non-compliance of DPA Comments PLEASE? Thanks in advance RobboM

Do you have an update on this post Elgrand? Long time since & I'd like to know how its going for you. Thanx, RobboM

Hi all, thanks for helping. I have been lurking here for a while, waiting for MBNA to come up with my SAR, which they did, on the 40th day! SAR Reply 08-10002.pdf It came with all statements since MBNA took over the account from HBOS and a copy of MBNA's current agreement which doesn't even have a signature page, let alone a signature! (It does have my address printed on it tho!) I had been having problems with Allied International over this one and sent THEM a CCA request first, which they replied by admitting that they had not been sold the debt, but were "acting on behalf of MBNA". Heard nothing from them since replying with a statement of their legal duty to comply and asking them to contact me by post only. My question is, what do I do now? I have not previously done a CCA request directly to MBNA, should I do it now, or take it that they do not have a copy of the original as they have admitted and send them an 'Account in Dispute' letter? I really would appreciate some guidance. Many thanks RobboM