This is a good point and is where you must have a good argument. Say Mike220359 (The creditor) has an improperly executed credit card agreement with Paul (The debtor), now over time Mike has given a replacement card to Paul from time to time. With the replacement card under section 85 of the CCA Mike must give a copy of the executed agreement to Paul. If (as u Know) I dont then I cannot enforce the agreement blah blah blah. Now after a further month Mike commits an offence, however enforcement may resume should production of the agreement be produced. If the original agreement was improperly executed at the foundation there is no way that section 85 can be complied with therefore Mike would be committing an offence, even though he may not realise it. As an aside under section 4 of the Fraud Act 2006, (dealin with abuse of position) you can commit fraud by ommision as well as by action! Now, if Mike has added interest and or charges following the issue of the new card, then he has been unjustly enriched, so Paul can ask for restitution of those sums plus 8% (not contracted rates, since we are talking about restitution). The court could indeed enforce the agreement but under section 127 of the CCA, it can adjust the outstanding amount, and since the debttor has been prejudiced because of the unjust enrichicment of the creditor the outstanding sum must be reduced. QED Its not about avoiding debt its about preventing lenders making a profit when they have not abided by the rules that they have to follow. In this situation you havent done anything wrong, it is them, they just try and make it look like you are a scheming debt avoiding scrounger. Be Strong they're wrong. PS I'm using this tack with a couple at the moment, results published when succesful! Mike

First off welcome to the site. The first thing you need to do is remember however painful or time consuming it is - you need EVERYTHING in writing. Maybe CAB can advise of anyone in your area who could help you with letter typing? Secondly, you need to send off a CCA request to Moorcroft to get a copy of your credit agreement. It is highly possible this cannot be found. If so no-one can legally collect the debt. now this bit courtesy of CurlyBen Courtesy of Curlyben First NEVER talk to these "people" on the phone as they will try and get you to agree to anything. Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt. This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request. There is a template letter to be found here: Creditors and DCAs - Letter Templates & Budget Planner Letter N. Is it important to start the letter: I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters. It is best to send this request via recorded/special delivery as there are some important deadlines to observe. After 12 WORKING days the "debt" is in default and stays that way until the request is complied with. If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment. Also DO NOT HAND SIGN THE LETTER" You must send a £1.00 postal order with this - not a cheque. Write on the back of the postal order what you want the £1.00 used for and keep a record of the number. Send it Recorded Delivery - yes expensive but completely guarenteed to get there and be signed for. Keep all postal reciepts. Forget filing for bankrupcy - you are going to put the wind up this lot!

This is something I've touched upon on other threads and something I've been thinking about for a while but now decided to have a go and see what happens. The credit reference agencies, like any other data processor, have a duty of care to ensure that any data they process is accurate. So what happens if we serve them a notice under section 10 of the DPA to cease processing data of a defamatory nature unless they can prove it's accuracy (and merely accepting the word of a third party cannot be proof of it's accuracy). I want to (and plan to) find out what will happen and how the CRAs would respond to a legal challenge to the authenticity of the data they process

My sarcasm really is better than yours. That was a woeful and childish effort. Please never let it happen again. PJ

Originally Posted by Lula before you go running off after scanning these docs, I think that the time has come to wait for the OFT case, Me and Lu are best buddies. ...................that's a shame......i was trying to get you to scan all 29 pages;)

My claim with CAP1 had been going on for some time and had various elements to it as time went on - this meant I had to change the Particulars of Claim part of the way through my claim as matters changed. My claim was about unlawful charges, interest, PPI, Default Removal and I had asked for a copy of the CCA and had been sent a copy of an application form and a copy of a leaflet containing T&C's. (not at all what was a CCA at all). Cap1 had repaid the charges into the defaulted account and were arguing over the default removal. My line of thought was if there wasn't a relevant CCA to the account then Cap1 should never have placed the default upon the account - therefore it was reasonable I asked them to remove this. There was months of letters going to and Fro' and they kept arguing the application form was infact the CCA. Seems my opinion differed to CAP1's beliefs? When this case got to court stage I asked the Judge if we could gain sight of the original document that CAP1 were claiming was a CCA - we could then decide where to go with the case from there. Judge did make a relevant Order in September for CAP1 to show the original CCA Document. I used a very similar Argument as in my husbands Cabot claim (linked here) I simply made it relevant to CAP1. http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html My hearing with CAP1 was supposed to be held on 23rd November 2007 and CAP1 decided to settle out of court at the last minute. I spent a few days negotiating with them over how we would settle etc.. and used a Consent Order with a schedule of the terms required to agree the terms of settling etc.. and both parties signed this and sent copies to court requesting a Stay on proceedings whilst the monetry side of the claim was sorted and also the Default was removed. Court agreed to this and issued a Tomlin Order as appopriate. Now this means that if there are any misunderstandings and the terms of the agreed Order aren't met for any reason I will be able to open up the same claim/case and continue my claim until such a time as all the items on the schedule are met. The relevance of the Tomlin Order is it will allow CAP1 time to complete their side of the agreement - also it allows me to check that all the details have been dealt with and I can take the time to check my CRA files for the Default removal and the removal of the Lowell's Default etc.. because the account had been passed to the Debt Collection Agency while in dispute etc.. My advice to anyone who is negotiating settlement at the last minute before a hearing is for them to get a similar document drawn up agreeing the terms of settlement. Both parties will sign agreeing these terms so there will be NO going back on the deal and clearly no misunderstandings. Often CAP1 will ask a claimant to drop their claim because settlement is agreed - my advice is DON'T cancel the claim until you are 100% sure everything is as you wanted/agreed. Instead ask Judge for a Stay on proceediings while each party can complete their side of the agreement deal etc.. - Once you are sure everything is complete THEN inform Judge that you wish to close the case. However, if things go wrong you have the safety net of being allowed to bring your claim back to life etc.. by requesting another hearing etc.. Chances are once you've got this signed Document in place with a Judge no company would bother messing about - I am sure no Judge wouldn't look favourably on a company signing such agreements and not keeping to their promises? Hope that helps anyone who is on the verge of settling out of court.

Be in no doubt, this reaction has been brought about by the success of entities like the CAG. The whole debt industry is underpinned by commission based sales advisors selling debt in the form of loans, credit cards and mortgages. These salespeople get a very small basic wage with promises of huge bonuses for securing these sales. Is it any wonder then that few questions of affordability are asked? Further, is it a surprise that some advisors will lie or ask clients to lie in order to secure the loan in question? The advisor will then try and bolt on some form of astronomically expensive insurance to cover the loan if anything unfortunate should happen. All this is conducted under the lender’s harsh target driven umbrella. That is, not only with the lenders’ acceptance but with their total approval if not their command. Draw your own conclusions as to the eventual outcome. Then, if the debtor experiences problems: Firstly, the lender is not actually geared up to help, they are actually geared up for profit. A certain percentage of defaults are factored into their standard interest rates, so there is no real incentive to engage with the defaulter as the cost has already been met. Far easier to sell it on for a very small price and claim tax relief at the same time. This is where the problem should be addressed. What if creditors could not sell the debt on but were forced by law to settle the problem within 12 months. The result would be sensible lending with transparent debt recovery procedures. The argument that it affects other borrowers adversely is spurious. It’s already paid for by everybody! Secondly, all those fancy insurances suddenly don’t apply to ‘your particular case’. Or you will be actively put off and lied to you about the policy terms. All because the provider has invoked the small print, is this ethical? So why shouldn’t the debtor do the same? Thirdly, the debtor’s credit rating is trashed. Why? If they are suffering true unforeseen hardship, isn’t this a sort of ‘cruel and unusual punishment‘? The result is the same for the can’t pay and the won’t pay, this is not reflected in other areas of law (i.e. manslaughter/murder etc). Fourthly, why don’t government bodies get actively involved? We all know why, because the ‘establishment’ requires a total terror of not repaying debt. It keeps the wheels of our country turning. Once people learn of the ways ‘around’ debt it would be the end of our civilisation. So it must be prevented. But if you’re rich and need a speeding or drink driving offence dealt with… ? Or if you’re a policeman caught speeding … ? Or if you’re a politician taking dodgy contributions … ? Or you’re ‘gifted’ and need a drug offence overlooked … ? Or you’re extremely rich and can afford a dodgy accountant/lawyer to reduce your tax bill to zero …. ? I could go on ad infinitum but you get my point. The people who fall foul of debt need far more protection than is offered at present. The financial establishment is against them and the ruling establishment is against them! The only defence they have is in numbers and through forums like the excellent CAG!! Please do not fall for their crocodile tears!! Newborn

where did you buy the car from? the SOGA will protect you from minor defects, but as with everything there are time limits which aren't written in stone.. in addition, it would also depend on what the faults are, the age of the car etc..... anyhow, enough with the negativity!! the main thing you would have to prove should it go further (i.e. litigation or court) is that you have given the retailer ample opportunity to rectify the faults and/or discharge himself from the legal obligations set out in statutes. the sales of goods act basically states that the goods have to fit for the purpose, free of defects etc AT the time of sale, and a case would be dependant on this point -the actual time of the contract being executed... my advice here? go to the CAB or consult a legal advisor, normally free if you have legal cover with either the RAC, AA or house insurance.

A lot of agreements on here are missing the creditor's signature which means the agreement is improperly executed and only enforceable by the order of a court. My question is, if the court's decision was to enforce the agreement would it be retrospective, or could we argue that whilst the agreement was improperly executed the contract could not be enforced so there was never no legal entitlement by the creditor to apply interest. Would the creditor only be allowed to enforce the agreement from the date the court makes the deceleration that the agreement is enforceable. Paul

long time since i had anything to do with them (infact so long ago i was at the opening nite in manchester with george best and malcolm macdonald lol) there is still a link with a number on for the manchester bar, Idols Bar, Manchester - Manchester venue review - Itchy Manchester Guide im sure someone there will put you in touch honey x

I think that much of vandermerwe's experience is typical of an attitude that is too prevalent in the NHS - that because it's free, one should not complain. Let us not forget that it's not really free; we all pay for it through our (ever-increasing) taxes and National Insurance contributions. The staff don't work there out of some philanthropic desire, but because they are paid, as in any other job. I don't see any reason at all why 'service-users' should expect anything other than the highest standards - of clinical care, of cleanliness, and of respect and courtesy. My job involves me in seeing patients in NHS hospitals quite often, and I am regularly appalled at the attitude of staff - scruffy, impolite and often apparently uncaring. I'm sure there are reasons for this that need to be addressed high up, but at grass roots level it creates a very bad impression. It strikes me that many of the problems described by vandermerwe were caused by poor communication. If staff took the time and trouble to explain what is happening (or not happening), and why, I suspect that most of the difficulties would have been perceived as smaller. In particular, with enough good information to be able to make an informed decision, would the self-discharges have happened? The issue of illegal immigrants and the NHS is an interesting, if rather vexed one. In theory, there is a mechanism for dealing with them; if anyone (illegal immigrant or tourist/businessman from any country with which there is no reciprocal agreement) cannot prove entitlement to treatment, then they should pay. The difficulty is that most NHS trusts don't accord this any priority, seeing it as a political hot potato. In fact, they often go the other way, falling over themselves to demonstrate how PC they are. For example, when I last worked within a NHS hospital, they wasted tens of thousands of pounds every year on interpreting and translation services for the illegal immigrants and failed asylum seekers the government saw fit to house in the area whilst dealing with the endless appeals. As another example, I have friends who work for London Ambulance Service. They are not asked to take insurance details from Americans and other foreign nationals who are not entitled to free care - even though they are regularly offered. Another friend who recently worked in a London A&E told me that the Trust was scared of checking entitlement, in case of being branded racist by the local PC lunatics. There are some trusts that ask all patients to sign a declaration that they are entitled to treatment, which is a start. Illegal immigrants are defrauding the NHS (and therefore us, the public), every time they use NHS services to which they are not entitled. The difficulty is that the NHS is usually complicit in the fraud, making no effort to do anything about it.

Hello All:) This is what I have :- Card Services Lloyds TSB bank plc PO Box 13130 Brighton BN1 4UZ Tel : For general enquiries : 0870 010 6909 Hope this helps.

Hi Scaredy cat - don't be scared you'll find the strength once you start finding your feet and getting the letters detailed above out:) I was getting the same amount of phone calls lastyear and it can make you start to feel ill. At the time B.T. offered me a free service called Choose to refuse. It's totally free for the first month and when the debt collectors phone all you do is simply put the phone down and put in a three digit code afterwards n they get an auto mated phone message telling them you do not wish to speak to them - it's like magic PLUS I always think it's best to have everything in writing from these companies and I've learnt along the way that it's mostly the best policy not to talk to them over the phone. As for your CCA requests I send mine to the company on the top of the letter you'll usually find they hand the debt back to whoever it belongs to in no time at all so you'll soon find out who this is and if they have a legal right to be collecting it - I had one catalogue company bill passed onto 12 different debt collectors until they finally admitted there was no credit agreement :O)

You are correct Paul as per usual:p

The Statute Barred letter is a clear dispute of the debt. If you are concerned about there response, put a timelimit on the letter. Try something like this one the end. Gives them a clear picture as to your position.

If any of the creditors do have the legal right to chase you for the debts, i.e. the CCA request doesn't prove fruitful you CAN contact The CCCS to amend the DMP and include your newer creditors.

Sending this off will not make matters worse. You are taking control. As previously said NEVER speak to them over the phone. CCA the DCA and also SAR the RBS at the same time. When you have done this, it is a waiting game - waiting for them to make mistakes! If they do not come up with a properly executed CA they cannot claim the debt. It's not exactly wiped, but no-one can collect a debt they cannot prove is yours.If the RBS do not give you the complete sent of records under the SAR they are in breach too. For a CA send off the letter and a one pound postal order with the reason you want the postal order used written on the back if it - keep the number it can be traced. Do not sign the letter just write your name. Some DCA's have been known to paste peoples signatures from letters onto things illegally. Get the CCA letter sent off and come back and update the thread when you get some or any feedback. Ask any questions you need - most of us have been through this many times before.

I would have said this would come under contract and tort Edz11. there would have been a contract between parties im fairly sure the failure of the decorator to carry out the work with reasonable skill would be contrary to the supplyof goods and services act 1982 i will ask someone who is very knowledgeable on these sort of things to look in regards paul

Thanks Peter. Supports my view that this won't stop enforcement, but will add to any other issues you have regarding form/content (e.g., missing prescribed terms, etc) in that it will show the Judge the Creditor hasn't executed the agreement properly. I also have to agree that this, on it's own, isn't a reason to prevent enforcement by Court order - unless the Debtor can show prejudice caused. (Which is unlikely) I think I've said as much in an earlier post here.

HI Ther definition in secton 189 of unexecuted is there to illustrate the difference betwween the agreement in its various states of formation. If the agreemnet is not signed by both parties it cannot commence. If the agreement is functioning and money has beena advanced on it, you would have a very hard job indeed in convinceing the judge that the creditor did not intend to execute the agreement as no prejudice would be cause to the debtor in fact quite the contrary. This is where section 61 comes in, this ensures that the agreement contains the various items that are nessesary fot it to be "properly exected" and can be used to challenge a functioning agreement under section 65. But this does not meen that the agreement is void the breach would be considerred in the same manor as any other breach of section 60. Due referrence would again be given to the amount of prejudice caused to the debtor and in all honesty i cannot see how you could make a vilid claim that there was any. Best regards Peter

Get your car taxed and insured (far more of a priority if you really need it) and get the letters suggested off. They must be laughing that they are getting you to pay this much on your income.

Hi again BabyHollie Great advice from PriorityOne xx Just a little tip from me; try to keep each lot of correspondence relating to each different creditor in a separate little file or folder, or even just a big envelope if you can. It makes things less confusing in the long run. I had 11 of them and found out the hard way when I got stuff mixed up and had to start sorting it out! (doesn't take much to confuse me ). Make sure you keep all your recorded delivery slips safe too, and receipts for postal orders, as you may need to refer to them later on if anyone is disputing that they ever received your CCA request (as has happened to me recently). Its important not to speak to any of them on the phone too, as the others have said, because all these DCAs do is try to bully and intimidate you over the phone into paying what you can't afford. Just say you don't discuss financial matters over the phone and replace the receiver, that way they will be forced to write to you and you'll be able to keep track easier of what they are prattling on about and deal with each letter as it arrives with the help of everyone on here. Most importantly I hope you are feeling much much better now. You've got the power of the CAG behind you and its a powerful friend to have! Much love to you, and your daughter too. Love SG x

Okay I am going to do what is told but before I send the letter just need to ask a questions. Today I get my tax credits and my mum says it is today I have to pay Moorcrofts £75 and Index £100 shall I get my car taxed and insured instead as really do need this on the raod and at the momnet it is off the road in the garage. Thanks again you are all my starts!!!! I gfeels so so much better knowing I have you lot to help me through all this.

morning all well im here popping in as im full of the flu how are you all hope you are all keeping up your sprits and attacking shabbey wouldnt it be lovely if they would pay us all out in time for christmas esp us with the hardships we are facing esp now chrimbo is comming oh please dont anyone who get a teddy call it M*****d oooppppppsssss!!! well keep up the fight and if i can help anyone or anything in my thread helps you please do help yourselfs take care keep warm hugs abg

Hi There i personally feel the defence could do with a few tweaks and additions when does the defence have to be in exactley? regards paul Between us we can surely write a defence to get this action thrown out , however my only concern is that it is possible the defecne we come up with may be too big for MCOL so it will need to be a paper document sent to the court by special delivery there is so much missing from this defence IMHO and i feel its is in your best interest to give em a knock out blow rather than a slap and tickle we will get our heads together and see what we can come up with regards paul

I'd wait and see what they send to you scatterheart. In all likelihood, there'll be added charges, but let's see what they say then we can help you get a fair assessment of what you owe and how to deal with it. xx

Renting from an ex-partner is a very complex issue. It is possible but there are few hoops to jump. These hoops are designed to show to the local authority that you are now living in a separate "households". I would suggest that you call Community Legal Advice on 0845 345 4 345 They would be able to advise you directly on your entitlement and the application process. At the same time, call your council and ask for HB application form or check whether your council has one to download. Sadly- nothing is going to happen by Wednesday; you can however apply to Social Fund (if you are in receipt of IS) to ask for a Crisis Loan {- ask CLA adviser about this too. You can download application here: Apply for a Crisis Loan (form SF401) : Directgov - Do it online Crisis Loan may help you in a tight spot but it may be difficult to prove that you are going to be kicked out. You may want to think carefully- would situation warrant a domestic violence angle (reembering that dv is not only about actual physical violence but emotional harassment and abuse too). I don't know- this needs proper advice session. With regards to your housing situation; if your landlady lives at the property and shares communal arreas with you (kitchen, bathroom, hallway)- you are not a tenant. Your rights are somewhat limited. You are a licensee. CLA adviser needs to know this too. You will probably need to make a homelessness application too- if your landlady is serious about getting you out.

Sorry for bamboozling you with info. Hollie.... it's a lot to take in, I know. Treat each account as a separate CCA request.... meaning that even though you have several with Moorcroft, for example, they need a separate CCA request for each account, in separate envelopes and each by rec. delivery with a £1 Postal Order. If you need any more help at this stage, just shout.

If they terminate without issuing, or haven't followed the correctly prescribed process, the Default (uppercase "D"!) or Termination (uppercase "T"!) are unlawful; Failure of a Default Notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998) but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give the Defendant a counter claim for damages. (Kpohraror v Woolwich Building Society [1996] 4 All ER 119) You'll find the templates here; http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html The CCA s.77/s.78 request is letter N

hi AC if you haven,t had a reply then yes if their 14 days are up send your letter berfore action stick to your timescales not there,s:D your letter before action regarding your other account look,s fine

Thanks 42Man, i will do that. One question that I've searched for and cant quite seem to find a straight answer to is:- If a DCA has failed to provide a CCA within the timescale given and you are receiving no correspondance from them, then the debt, in effect, still exists, so can they pass the account back to the OC who can then instruct a different DCA to collect? What I mean to say, for example, in this case Ruthbridge cannot supply me with a CCA - so I will report them, however the OC will still want their money so to speak so whats to stop the OC from passing the debt to another DCA? The OC haven't (I imagine) committed an offence so there seems to be nothing stopping THEM from passing the debt on to another CCA - or am I missing something? Please forgive me if I sound stupid - I just need to hear it all in basic terms

Thank you to the anonymous person who gave me a 'click' last night No post today, so nothing to moan about!

Woo hoo! Hadn't received a response from Egg re this last email. Thought i'd just check my acc. anyway and i now have full access again. A direct debit has been set up at the same manageable payment with 0% interest. No DCA to have to fob off again. I'm pleased because pre-CAG i would have just accepted it.

Hi, Grace. Here's the first one..(If you know how much your charges are) http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html Then the next........ http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html Have a look at the step-by-step instructions... http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html Regards. Scott.

Quiet Ja-de? Did Tilly go on holiday with Stoned then?

:lol:

Of course you can use my voddy. whoops i meant water bottle.

Hi all, back from hols, I see that dad and uncle sid have been `behaving` themselves. Thanks for looking after them again Tils

Hi ABG, How are you, again I'm sorry I've been away, trying to get my roof up on my conservatory, (short of funds past 2 years, would you believe it due to bank charges!! lol) and what with the weather changing, (can't blame the banks for that!) i'm a bit busy. Thanks for the reputation mark. Anyway, I'm a bit peed off at the moment to say the least as my account with Nationwide has gone awol. I went into cancell ALL my D/D's and S/O's in the middle of last month (October) and thought nothing more of it, I stopped my salary going in from this month and guess what, I got my statement through for October/November and the Nationwide did'nt cancell them and have slapped a (GET THIS) £682.00 worth of charges on to the statement! I went down to the Halifax branch and asked Why this had occurred, she did explain that due to the administration side of things being removed from the Branch and now being dealt with at a different area, they no longer cancel them at branch level (administrative cut backs). If I were to contact head office and ask for the JASMIN dept and explain the situation that there should not be an issue as all account log on details made at branch are fully recorded and timed as to exactly when any account log on was made at the branch, this should clarify that access was made in branch BEFORE any D/D's or S/O's were due to go out and that a print out was made of the same, unfortunatley when oyu sign the print out to say that these have been cancelled you forget to ask for a copy and get the same signed by the person dealing with it at the time. I have had to re do it all again and the clerk actually got me to sign individually every single D/D and S/O canelation request and then gave me a print out of the whole account with a little note on the bottom of it explaining my previous visit to cancel these items and gladly signed it. Now to contact JASMIN at Nationwide and rip into them. Hope you've got some good news with your Hardship Case. It's discusting the way the banks are using the 'Test Case' to not pay out, it's just a matter of time before they wish they never even started the case and just paid up. Don't they realise they could have settled up with everyone who had, has and is going to have a claim by now and reset their charges (oh which if people havent noticed on their statements, are now being called 'Fee's!) what a get out clause! and could be merely continuing to take money from their abbiding clientel, albeit not as much. Have you also noticed now that 'First Direct' is advertising a bit like Lloyds, regarding letting you know you are going to be overdrawn JUST before you are, so you then get until 3pm THAT day to pay funds into your account to prevent any charges being added to your account (sorry FEE's) I said that the other banks would follow Lloyds overdrawn alert, did'nt take long did it! Stay fresh peeps regards chris xx

Hi Hachi and welcome to CAG. There are a number of things you can do to help your current situation. Firstly you need to sort out a budget, have you done a statement of affairs to show your income and outgoings? Credit cards and loans are non priority debts so you need to ensure that essential bills are paid first. You also need to reserve a little bit of money for things like clothes, emergencies and a social life. Secondly you need to identify if these DCA's have the legal right to collect on the account. You can do this by asking for a copy of the credit agreement (this is required to legally enforce the account), a notice of assignment (this shows that the DCA has been legally assigned to act on behalf of the creditor) and a statement of account. If they can't supply a copy of the credit agreement after 12 working days they are in default and can't lawfully enforce the account, this means that they can't apply interest and you can withhold payment until a copy of the agreement is produced. A template for this request is here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template N. You need to send this recorded delivery and enclose a one pound postal order. Do not sign the letter. How old are these accounts? Regarding the phone calls I would also send the letter here with the CCA request http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html Have you thought about changing your telephone number? You can do this by phoning your supplier and informing them you are being harassed and require your number to be changed. Finally, are there any charges on the account which you could claim back to reduce the balance e.g. late payment fees, overlimit fees?

having seen simons good news - hope you keep going - I am sure the intervention of th FOS had some influence;) jan

OMG I`m going to have loads of extra baggage charges @ £6 a kilo, Ryanair are as bad as the banks with punative charges. LOL

Hi All, I've made an appointment to see the manager at LTSB tomorrow so fingers crossed. If I don't get a satisfactory outcome and a re-imbursement of these charges then i'll close my account forthwith and arrange to pay off the overdraft at £5 a week. They can chase me for the overdraft fees but i'll reply (sarcastically) with a letter stating that i'll wait for the outcome of the "fees" test case in the High Court before deciding to pay them or not :) . Surely it works both ways Swiss

Settings & Options: Most are self-explanatory, except the bottom one, “Miscellaneous Options”. If the Message Editor Interface box doesn't already show it, then change it to “Enhanced Interface – Full WYSIWYG Editing”, it's the setting that allows you to use smilies, quotes, etc... Don't be fooled by the name, WYSIWYG is simply short for “What You See Is What You Get”. Nothing complicated there, the only thing to remember is this: The maximum size of your custom image must be 80 by 80 pixels or 19.5 KB (whichever is smaller). This opens a box which allows you to enter a signature, whatever takes your fancy. Please remember that standard forum rules apply, though, and that links to commercial websites are not allowed. Also bear in mind that minimum post length (# of words) = 100 words and minimum post count before signatures show = 10 Posts. Your signature will only show 2 times on any one page even if both the above conditions are met. These conditions do not apply to the moderating team. The others settings are self-explanatory, with tick/untick options. New posts: Clicking on this will open the last 5 most recent pages of threads which you haven't read. . . . .