hi kelly what they have send you it sims unenforceable so write them back some thing like i would reaserch little more on this forum and also give them notice of removal your data " notice under Section 10 of the Data Protection Act " Consumer CreditAct1974. Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales constitutes an offence. Both of these deadlines have now passed and I have received nothing in relation to my request. This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account. I believe you have misquoted the regulations to state that you may send a copy of the varied agreement instead of the "true copy". As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking.

**What do we mean by unenforceable? In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information. Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable. How does unenforceable differ from enforceable with a court order only? When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable. When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.** The Prescribed Terms are these A Amount of credit A term stating the amount of credit B Repayments A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following- (a) Number of repayments; (b) Amount of repayments; © Frequency and timing of repayments; (d) Dates of repayments; (e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable. C Rate of interest A term stating the rate of interest to be applied to the credit issued under the agreement D Credit limit This may be a term or the manner in which it will be determined or that there is no credit limit. -------------------------- Which of these applies to you depends on the type of agreement you have? For a Running Account (credit card) agreement BC and D Apply For a Restricted Use Debtor Creditor Supplier Where the dealer is the supplier and the creditor is the one providing the finance. The money can only be used for the purpose it is given. There is no interest on the purchase (the cash price is the same as the total price) And there is no advance payment A is applicable For a fixed Sum Credit Agreement A conventional credit agreement with none of the above restrictions A and B apply For a Hire Agreement B is Applicable This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper. Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreements executed before that date.

YOU SHOULD WRITE SOMETHING LIKE THIS SIMS CLEAR BREACH OF DATA PROTECTION ACT REPORT ALSO TO https://www.ico.gov.uk/Global/contact_us.aspx AND OFT consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends. There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this. Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

You need criminal brain; as if proven any contractual document was fabricated they can strait go to jail it is criminal offence

same they doing on my case I send them final letter clearly outlining why their final response and (aka dark) copy unacceptable and account is in legal dispute let them ignore and will also ignore them other then the specific reply to letter that we send

Thank You lexis200 I am disputing because they send sign copy completely dark and not readable then I send them letter saying It is not readable and therefore not acceptable etc also send SAR request then in response to that I got this reply however I send them letter today disputing the reply some how I cant upload any document today on this forum but I will upload the sign copy they send many thanks

Thank you Desperate Daniella i have done on my thread asking specific questions. lets hope will get reply.

hi i tried creating my own thread no reply there from anyone

Thank you foolishgirl do i need to write back or just ignore for time being !

hi i got final letter from Alliance/leicester MBNA We can confirm that MBNA dose not regard this account balance on your obligation to repay as being in dispute (see attached letter) please help Attached Files final reply.pdf (168.6 KB, 0 views)

hi i got final letter from Alliance/leicester MBNA We can confirm that MBNA dose not regard this account balance on your obligation to repay as being in dispute (see attached letter) please help Attached Files final reply.pdf (168.6 KB, 0 views)

hi i got final letter from Alliance/leicester MBNA We can confirm that MBNA dose not regard this account balance on your obligation to repay as being in dispute (see attached letter) please help final reply.pdf

hi i created my own thread as been told http://www.consumeractiongroup.co.uk/forum/alliance-leicester/180805-mbna-replied-sign-copy.html this lead to too many threads and no one answer or reply I don’t think it is help full I notice many ask to create their own even the thread is very relevant.

HERE IS WHAT OFT SAYS ------------------------------------------------------------------------ We note that your letter raises concern in regard to executed credit agreement copies. As you may know, s63 of the Act covers how and when lenders must provide consumers with a first (and where appropriate second) copy of a regulated agreement. It is clearly in the lender’s best interests to retain details of the original agreement and any subsequent variations or changes made to it, particularly as consumers can request a subsequent ‘true’ copy of most types of agreement under ss77 and 78 of the CCA (and on payment of the appropriate fee). There are rules about what is likely to constitute a ‘true copy’ under these sections of the Act. Further, if a consumer does make a valid request for a copy of their agreement under these provisions and the lender does not comply with the request the agreement may not be enforceable in the Courts, subject to any other mitigating factors. ------------------------------------------------------------------------ As you will know section 180(1) (b) authorises, "the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form." This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557. Before leaving section 180 there are two other sections that should be remembered these are: Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements; And more importantly Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations. You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations. Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557. The regulations state: (2) There may be omitted from any such copy- (a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy; (b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies); It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations. The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso. Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions. It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

i would stongly advice that you sign membership with any one credit reference incase!!! send following if you see any miss payment after while cca dispute you may need to fine tune this letter Dear Shark Devil I am writing to you in respect information on my credit file with Experian, attached copy of the information which Experian holds, it shows number of status write detal as on credit file and same As this account is in serious dispute and has been since DATE In my letter dated xx xx xx I wrote “you cease processing any data in relation to this account with immediate effect” Not only is this a breach of OFT guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998. Statutory time period allowed has elapsed, and not only you are in default in relation to CCA 1974, but as of DATE XX XX XX you have committed a criminal offence. Whilst your default continues, you are not entitled to enforce any part of this alleged agreement. This includes, but is not limited to, the following: • You may not demand any payment on this alleged account, nor am I obliged to offer any payment to you. • You may not add any further interest or charges to this account. • You may not pass this alleged account to any third party. • You may not register any information in respect of this alleged account with any of the credit reference agencies. • You may not issue a default notice related to this account. Please also note that to register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute. As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defense at law. Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS. This is quite clear savagely prejudice, you and Experian have statutory duty to insure that personal data about myself, which you are holding is accurate, see data protection act 1998. Furthermore, BANK NAME lending money to consumers have further obligation in respect of the consumer credit act 1974. Part of the obligation required is to run your business of supplying consumer credit properly. The glaring error in your records leads me to have grave concern whether the company is being run properly. To satisfy me, I require the following: 1. An explanation of how the error occurred in the first place. 2. Apologies to the errors 3. Confirmation that you have corrected your errors and made sure that Experian has done the same. 4. Confirm that you will compensate me for losses caused. I look forward to hear from you within 10 days. Yours Sincerely Anxiety