maud, do not worry for a second. about a year ago i sold my house and the new owner rented it out. the new tenants ordered thousands on catalogues, all in my mums name. they never paid a penny back and although this is clearly a case of id fraud and i have the names and new addresses of the people who did it - the police where completely disinterested! not interested in the slightest to the point they refused to investigate - until I made a complaint to the inspector - who also tried his hardest not to help until I told him I would take it to the chief inspector AND name him as being the unhelpful one. Reluctantly, he agreed to take details of the crime. As for the catalogue companies, they too were not interested in pressing charges, they just want their money and thats it. From this experience I would say it is very difficult to get into trouble - impossible if you have actually paid the bills! good luck!

hi reduk054, I had a gym in london who kept taking payments from my card after i left. they said I was in a contract. I reported my card lost and the payments stopped. Might have been a co incidence, who knows.

Assuming you worked at DHL and when you left they overpaid you... I would suggest making a repayment proposal of something you can afford and stick to it. If it is reasonable they should accept it. seabro

Terms and Conditions were sent and there are legible. However, I was under the impression the agreement should make reference to a credit limit in some way and also state some kind of interest rate. Would you like me to scan the terms? If you are in agreement that this document does not satisfy the requirements of the CCA, what would my next move be? thanks

Here is a link to the agreement in question. http://82.11.251.125/bc/agreement.gif

What do you do when following a CCA request, you receive a document which you do not consider is a valid agreement? Can anyone who has been in this position, and taken the next step share their experiences? thanks.

Thanks for that Dave I will take a look now. In the meantime, I have received a copy of an application that I do not believe complies with the consumer credit act. What should I do next, I expect their collection activity will begin again soon.

Hi Samphire, I am still at it. Only received their excuse for a CCA copy a few days ago, will write off today / tommorow time permitting. Good luck! seabro

Good luck Samphire. If your 'agreement' is anything like mine, you may be in luck. You can see a scan of my agreement in my thread here Lots of prescribed terms missing by the looks of things. seabro

Thanks again Curlyben, Can you / anyone comment on the way forward from here? I was thinking of writing back along the lines of: I do not believe the document sent is an enforecable consumer credit agreement for the following reasons. 1. No APR 2. No Credit Limit 3. Not Properly Executed 4. Anything else I can come up with after studying CCA print out. For this reason I will not be making any further payments to you. Furthermore, I believe you may not legally persue me for this debt and if you do you will be reported to the appropriate authorities. What about something along those lines? Naturally, I would fiine tune it. Assistance appreciated.

Nice one curlyben, no APR I missed that one! Cmon, diskmandave, I know you can do better than that.. Does anyone have a copy of this Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 they are referring to? Struggling to find one on the interweb.

OK, then I will start. 1. There is no mention of a credit limit anywhere on the 'agreement'. 2. It is not signed (executed) by Barclays / Barclaycard. Anyone? Any other reasons why this might not be regarded as a proper agreement as per CCA 1974? Also, what do you make of the letter? "The consumer credit (cancellation notices and copies of documents) regulations 1983 make clear that there is no requirement for the copy of an executed agreement to contain the original signature box; Therefore we have gone beyond our statutory duty in providing you with a signed copy of the application form" Comments appreciated.

Hi, Here is story so far. 07.03.07 CCA Request signed for by BC 15.03.07 Letter received with Cred Limit / Current Balance etc - no reference at all made to agreement copy. Not enlosed either. 16.03.07 Emailed to ask why no agreement copy. NO REPLY. 22.03.07 Sent letter to ask why no agreement copy. 04.04.07 I receive 'Formal Demand for Payment' 07.04.07 I send letter to say they still in default. 17.04.07 I receive letter with excuse for agreement enclosed. My questions are: 1. Due to their failure to comply with timescales of CCA 1974, Do they now need court order to enforce agreement? or is that just if there is no agreement sent at all. 2. Please comment on their agreement. 3. Please suggest way forward. I was going to write something along the lines of 'Thats not an agreement, see you in court if you dare'.. (but I would be more diplomatic in reality). View the agreement here http://82.11.251.125/bc/agreement.gif View the letter here http://82.11.251.125/bc/BCLETT.gif I look forward to your comments. seabro.

OK MBNA'ers let me tell you about my situation. I have 4 accounts with MBNA, and owe them more than any of you lot I started paying them 4 x £2 a month about 8-10 months ago. I was getting bucket loads of letters and persistent phonecalls, letters from Arrow Global LLC and Eversheds - all sorts of threats. Although I was replying, I was being ignored. And then one day about 2 months ago I requested 4 x agreement copys and haven't heard a whisper since. The ball is in their court now but it appears they don't want to play anymore.

Just for the record, I was being totally ignored in every letter I sent to Eversheds. However, following a letter to their Chief Executive, things have improved (slightly). If you are being ignored, complain to the organ grinder. (details below) David Gray Title: Chief Executive, Eversheds. [email protected] Tel: 0207 497 97 97 ps. Although things improved, they still sending threatening letters even though they have been made aware accounts are in dispute. For that reason, I am making a complaint about them to the legal complaints service (part of the law society). Why not join me? Legal Complaints Service Victoria Court 8 Dormer Place Leamington Spa Warwickshire CV32 5AE [email protected]

my mbna debts has been passed to arrow global llc. does anyone here have an idea if they have been sold on or if arrow is merely collecting? either way, eversheds have been writing to me and ignoring my letters, i ended up writing to eversheds chief executive. i have loads of correspondence. currently i have asked arrow global for copy of CCA and they have defaulted. eversheds have promised to stop all collection activity following my letter to CE but their letters still keep coming. I am due to make complaints to all and sundry inc. law society. I will start a new hread and detail everything for the benefit of others when the chapter ends

I do not feel obliged to money lending institutions. If I borrowed money from my mum, or a freind it would be a different story. It is entirely possible, they have received all you borrowed plus a profit but they don't 'let you off'. Because it is strictly business.

Hi, A couple that moved into my previous address after I moved out has used my mums name to gain credit - mostly catalogues but I know they tried for credit cards to - not sure if they were successful. I reported this to the police and they where not interested. I have letters, names, addresses, even some of the goods but they still said I could not report it as I was not the loser. I have written to the inspector at the police station asking for him to put this in writing (that I cannot report a crime). In the meantime, since my mum is old and I don't want to worry her, and since she lives abroad now anyway, is there a letter I can get from her to authorise me to deal with all of this on her behalf. i.e. writing to credit reference agencies and so on? Thanks, seabro.

When SAR comes back and you have resolved any issue with unlawful chargees, it will be worth doing CCA request too. You have nothing to lose. (ok £1).

It is a small world isn't it. Look at the address for Capquest. Capquest Debt Recovery Fleet 27 Rye Close Fleet Hampshire GU51 2QQ

Hi, I let out a flat to someone who said he would put the utilities in his name. I didn't and now I have a legal action notice for £1504.00 from SWALEC. He left without paying his rent and did not leave a forwarding address. It is unfair that I should have to pay his bills since I did not benefit from the electricity. I never owned the flat, I rented a shop with the flat above it. What is the legal position? Thanks seabro

Jeff, I too am a noob. But does it say on the doc they have sent you anything along the lines of 'this agreement is regulated by the consumer credit act 1974' or similar. Is it signed by them and or you? I too am being hounded by mercers on behalf of BC. I sent my CCA request earlier this month and have sent letters to mercers notifying them the debt is currently in dispute. They have called my mobile, my works, texted me and left messages on my answerphone despite me already having requested communication in writing. The calls stopped for a bit after I reported them to TS and the OFT but I am strongly considering reporting a crime of harassment with the local fuzz.

I was wondering about this question of assigning rights but not obligations so I googled on "consumer credit act rights obligations assign" and many of the results come from terms and conditions pages stating that rights and/or obligations under this agreement may be transferred/assigned... So this suggests to me that institutions CAN assign the rights to the debt but not the obligations. But the underlying fact must be that the consumer credit act must be adhered to so I guess if the obligations are not the concern of the DCA, the must remain the obligation of the original creditor. So in summary, the obligations under the CCA remain even if the DCA says it is not their problem. Problem is (for them), if the original creditor doesn't comply fully with their obligations under the CCA or the DCA cannot legally collect the debt. Would this seem right? I am just thinking aloud... trying to get my head round it.

Thanks Dave. On others threads I have read that under the CCA the creditor must provide a true copy of the original CCA agreement signed by both parties whereas the above response from the OFT suggests otherwise. OR have the OFT simply given you the definition of a true copy when in fact a true executed (signed by both parties) agreement needs to be supplied for the debt to be enforced???

When doing a CCA request should I expect 'a true copy of the executed agreement' AND somekind of statement(s)?? OR does the act simply state that regular statements should be sent (as they always have done). thanks, seabro