Thats not what the Judge thought you meant then......... "The claimant himself does not claim that he was in breach of his contract with the defendant. Indeed, it was the evidence of the claimant that from time to time he had exceeded the agreed limitof his overdraft without complaint fromn the bank save for the imposition of the charges."

Yes but in both cases the claimant told the judge they hadn't breached contract. So what else was he goingto find.........the whole point about these unlawful charges are that they have been imposed as a penalty for breaching contract!!

The suspense is killing me...................

Can't wait to see his simple explanation ........... it beats CSI doesn't it!

Wow.....bet that felt good didn't it..........

Send letter to Studio and a copy to DCA and tell them that this debt is in dispute and studio are in breach of the CCA request

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974 FAILURE TO PRODUCE AGREEMENT Dear Sir/Madam ACCOUNT NUMBER: ******************* I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired. I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. 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. As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable. Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007) Data Protection Act (Data Protection Act 199 Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities. I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request. Yours faithfully,

Absolute tosh it does. If they are in default of the CCA request then you do not have to pay anything. If they have not got a true copy of the executed agreement containing all prescribed terms signed by you then it cannot be enforced.......plus they will have to remove all default notices from your file

Do not confirm any details they do not already have............... Have they sent you a true copy of the executed agreement (not application) yet?

ok will do later today - paerworks at home and I'm in work but thanks for your help..........

Chief Executive Officer - but looking at the list you made yesterday I think you got that one covered!! Go get him .............................

If you're going to going to go down the settlement route then be warned marked paid in full if they have issued a default against your name will still seriously adverseley damage your credit rating - to all lenders a Default is the same as a CCJ. So any condition of payment must be that they will lift the Default notice on receipt of payment. You need to check your CRA file Equifax and Experian offer a free checking service (just remember to cancel before months free trial is up). Also might be useful asking them to produce a copy of the original agreement you signed.

"The claimant himself does not claim that he was in breach of his contract with the defendant. Indeed, it was the evidence of the claimant that from time to time he had exceeded the agreed limitof his overdraft without complaint fromn the bank save for the imposition of the charges." I think this is the root of the problem.................the claimant MUST at all times state that he was in breach of contract. It has given the judge wriggle room on the banks behalf................. Plus he hadn't submitted a statement of evidence which enabled the judge to conduct a Q&A session with him

Send a CCA request while you're at it (remembering to enclose a 1.00 postal order made payable to them so its deemed cashed on receipt) by Special Delivery.

What moral highground? These lenders use the CCA nto alter the interest rates as they see fit from say 8.9% to 29.9% & when you complain say smugly read the small print in the Ts & Cs. They use the threats of default -powers given to them under the CCA - they can trash your creditworthiness at well again down to the smallprint -SO don't see why when they cannot produce the damned T&C's they should not be penalised as envisaged by Parliament I.e. lose all rights to the monies outstanding on the agreement. Just say to them "its in the small print" .......sorry rant over.......

Papers have arrived today. 1st tenancy which I guaranteed was taken out in 02. My signature with landlords etc is on a blank sheet of paper not attached to guarantee. I've signed for this and any renewal or extension of existing tenancy. My brther signed another agreement in 04 with a different landlord (same property) for a higher rent (£50). I didn't sign another guarantee nor was I notified of any changes in agreement etc.

What moral highground? These lenders use the CCAnto alter the interest rates as they see fit from say 8.9% to 29.9% & when you complain say smugly read the small print in the Ts & Cs. They use the threats of default -powers given to them under the CCA - they can trash your creditworthiness at well again down to the smallprint -SO don't see why when they cannot produce the damned T&C's they should not be penalised as envisaged by Parliament I.e. lose all rights to the monies outstanding on the agreement. Just say to them "its in the small print" .......sorry rant over.......

well good luck with it................

Not received anything from Landlords agents yet so have decided to send a letter formally revoking my guarantee if its a non cancellable agreement but stating that by doing this I am not accepting that I am bound by the agreements they've not produced

Hows it going Fred?

Great news! As to RBOS have you decided what to do there? They're in criminal default to me with CCA request - haven't sent anything at all!

They're just bullies.............................

Did they speak English? They probably were sat in India thinking "Whats OFCOM":p

They've got a weed on!