I didn't even receive a copy of my application - they only sent me a set of their latest terms and conditions.............kept my £1.00 postal order though!......................So I'll be sending a similar letter to you on Monday ......only question is is it better to delay informing them that they haven't supplied what we requested and that subsequently they are in breach and that we are not as dim as they think we are so that they breach the 30 day limit as well and commit a criminal breach? They've already paid out in full on my penalty charges and interest - I'm CCA'ing them to try and stop them giving my personal data to the CRA's.

Thanks ............CCA request winging its way to them

Does anyone have an address for Cabot Financial Limited which isn't a PO Box? Only address I have is P.O Box 241 west Malling Kent

Totally agree wit Delboy - if the Abbey was sure of its ground they would have removed the offer in full. The Lloyds result was no precedent and hadn't been prepared for adequately and one of the claimants hadn't even submitted papers the judge had asked for......... If the banks really thought they had a good shot at winning then they would have defended at least one of the 140 plus cases that were due to be heard at the mercantile court in London in April - becuase a decision there would have been a precedent. I think their failure to do so speaks volumes:p

sure but can you be more specific please

Yes it was sent to their address at Cheshire Towers lol! Must admit I'm finding it hard to decide what is or isn't a properly executed agreement.......................so many threads to follow and there appears so many get out clauses for the lenders............

Hi Fred I have CCA'd MBNA too but while I was "rooting" through old papers found a copy of my MBNA agreement which looks extremely similar to yours....................just waiting for the postman to deliver their missive to me to see what theirs show.................

baliffs could only be sent after a court judgement

Yes you aren't responsible for his debts at all unless you had cosigned the agreement. Executors etc have what is called a year and a day to prove the estate and pay bills - it effectively freezes everything .....

mortgages are different to bank accounts/ od's and cc's in that the lender cannot just close them down. You would have to give them cause i.e be seriously behind in your payments with no prospect of paying and then it could only be done by the court.

The judge took issue with the first claimants not providing any information in support of his claim.................even though judge had ordered it previously. I guess judges don't take too kindly to their orders being ignored............ lesson for us all

Echo your sentiments..............I 'll pledge 100 to the fund because I think you will win at the High Court - just needs to be carefully thought out and presented and then g-d help the banks......they will have to refund every single customer without being asked - this will particularly help the more vulnerable customers who are scared of the banks calling in their loans etc if they complain............ Take heart.........this was only a lower court decision......it will be different when you reach the higher courts...............

Echo your sentiments..............I'll pledge 100 to the fund becuase I think you will win at the High Court - just needs to be carefully thought out and presented and then g-d help the banks......they will have to refund every single customer without being asked - this will particularly help the more vulnerable customers who are scared of the banks calling in their loans etc if they complain............ Take heart.........this was only a lower court decision......it will be different when you reach the higher courts...............

and your answer is........................?

1. CCA both remember to send payment of 1.00 by postal order (so its deemed cashed on receipt) and by Special Delivery. The clock starts ticking from day its signed for and you can track that on the royal mail web site. After 12 working days they are in default and after a further 30 days criminal default and can only enforce via court and to do that they would have to produce properly executed agreement. It is important that you do not acknowledge this debt and you should say that in the letter you send the CCA request in. 2. Also send Data Protection Act request to both, again enclosing 10.00 postal orders. 3. I would be inclined to acknowledge service and say that you want to enter a defence. If they haven't provided copy of original properly executed agreement then they will have to in order to progress their claim. If they have managed to produce it .......well then you're no worse off than now. Hope all goes well for you

Looks like its about to get really interesting doesn't it.................:grin: :grin: :grin:

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Hi Peter, Thought this may save you a trip to the library........... hope it helps Consumer Credit (Agreements to enter Prospective Agreements) (Exemptions) Regulations 1983 Made - - - 24th October 1983 1 Citation, commencement and interpretation (1) These Regulations may be cited as the Consumer Credit (Agreements to enter Prospective Agreements) (Exemptions) Regulations 1983 and shall come into operation on 19th May 1985. (2) In these Regulations, “the Act” means the Consumer Credit Act 1974 2 Exempted agreements (1) The agreements specified in paragraph (2) below shall be excluded from the operation of section 59(1) of the Act (which provides that an agreement is void if, and to the extent that, it purports to bind a person to enter as debtor or hirer into a prospective regulated agreement). (2) The agreements referred to in paragraph (1) above are agreements in writing to enter into the following prospective regulated agreements— (a) prospective consumer hire agreements for the bailment or (in Scotland) the hiring to the hirer of goods where the goods are required by the hirer for the purposes of a business carried on by him, or the hirer holds himself out as requiring the goods for those purposes; or (b) prospective restricted-use credit agreements for fixed-sum credit to finance the purchase of goods where the goods are required by the debtor for the purposes of a business carried on by him, or the debtor holds himself out as requiring the goods for those purposes; where the agreement to enter into the prospective regulated agreement embodies at the time it is signed by the debtor or hirer such information relating to the prospective agreement presented clearly and together as a whole as is required by the Consumer Credit (Quotations) Regulations 1980 to be contained in a quotation within the meaning of those Regulations; and either (i) is not preceded by antecedent negotiations which included oral representations made when in the presence of the debtor or hirer by an individual acting as, or on behalf of, the negotiator; or (ii) is signed by the debtor or hirer at premises at which any of the following is carrying on any business (whether on a permanent or temporary basis)— (aa) the creditor or owner; (bb) any party to a linked transaction to the prospective agreement (other than the debtor or hirer or a relative of his); or (cc) the negotiator in any antecedent negotiations.

Hi Peter, Thanks for getting back to me so quickly. Regretfully I only photocopied the front of the MBNA application form - so untill they send me their version I won't know. There is no reference anywhere though on the front to an APR rate or interest or anything like it. I've tried reading through the various threads to try and determine what makes an agreement properly executed but it seems to alter and change and I freely confess I've lost the plot on it so far............... I also have a copy of a Morgan Stanley dated 2000 again no interest or APR and saying just above signature 11. Please sign and return in the freepost envelope provided - your application must be received by us before 1st September 2000................ Any info on what MUST be on application to be a properly executed agreement would be verrrry much appreciated

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I have located my copies of 3 original agreements while I am awaiting the lenders to comply with my CCA requests. Agreement No 1. MBNA signed by me dated 14/08/96 contains no signature box for them, no interest rate no credit limit and no reference to a credit limit and says at top of paper INVITATION accept your no annual fee card now with the lowest rate in the uk today then underneath Credit Agreement regulated by the Consumer Credit Act 1974 It contains my name and address, their name and address, a section on payment protection insurance (which I had ticked) and then finally Principle Cardholders Application And Declaration Please issue an MBNA Credit card to me . I confirm the information given is true and complete. You may make such enquiries as you consider neccessary in connection with this credit agreement or any other product that you wish to offer me in the future. I authorise you to disclose any information about me and my MBNA Credit Card account and or payment protection insurance to any credit reference agebncy who may retain a record of any such search. Information thus registered is used only to help any credit decisions or occaionally for fraud prevention or tracing of debtors. I accept and agree to be bound by the MBNA Credit Card Conditions of Use (as set out overleaf and as ammended from time to time). I understand that MBNA reserves the right to issue a standard card. Then YOUR RIGHT TO CANCEL Once you have signed this agreement you will have for a short time a right to cancel it . Exact details of how and when you can do this will be sent to you by post by the bank This is a Credit agreement regulated by the Consumer Credit Act 1974 Sign if only if you want to be legally bound by its terms. I have signed it and dated it (no space for their signature) Then under this section reference is made to Data Protection Act a short time Does this look like a properly executed agreement - I've tried to fill in info on the checker link but it won't let me because I have no info on credit etc to input.................... :confused:

I have located my copies of 3 original agreements while I am awaiting the lenders to comply with my CCA requests. Agreement No 1. MBNA signed by me dated 14/08/96 contains no signature box for them, no interest rate no credit limit and no reference to a credit limit and says at top of paper INVITATION accept your no annual fee card now with the lowest rate in the uk today then underneath Credit Agreement regulated by the Consumer Credit Act 1974 It contains my name and address, their name and address, a section on payment protection insurance (which I had ticked) and then finally Principle Cardholders Application And Declaration Please issue an MBNA Credit card to me . I confirm the information given is true and complete. You may make such enquiries as you consider neccessary in connection with this credit agreement or any other product that you wish to offer me in the future. I authorise you to disclose any information about me and my MBNA Credit Card account and or payment protection insurance to any credit reference agebncy who may retain a record of any such search. Information thus registered is used only to help any credit decisions or occaionally for fraud prevention or tracing of debtors. I accept and agree to be bound by the MBNA Credit Card Conditions of Use (as set out overleaf and as ammended from time to time). I understand that MBNA reserves the right to issue a standard card. Then YOUR RIGHT TO CANCEL Once you have signed this agreement you will have for a short time a right to cancel it . Exact details of how and when you can do this will be sent to you by post by the bank This is a Credit agreement regulated by the Consumer Credit Act 1974 Sign if only if you want to be legally bound by its terms. I have signed it and dated it (no space for their signature) Then under this section reference is made to Data Protection Act a short time Does this look like a properly executed agreement - I've tried to fill in info on the checker link but it won't let me because I have no info on credit etc to input.................... :???:

If you don't enclose the 10.00 they don't have to send you anything and you are wasting time. You will be able to claim the 10.00 back when you claim and quite often they return it to you anyway. Send the 10.00 in a postal order because then its deemed cashed on receipt and send the letter special delivery to get a signature....the 40 days starts from that point (including weekends etc). Good luck

Well worth sticking out for then..................

Also an idea to CCA them seperately to see if they have valid properly executed agreements that are enforceable. Good luck