The DCA pursuit will be toothless. They can call, they can write letters but then what? They have no where to go. If the calls get to much fire off a harrassment letter or change your number. As for the Next letter, they have not sent it to you so ignore it, until it turns up.

I have yet to find any case law. But I do not see it as risky taking court action. You pay your £30 and make a case, if you lose so what, they have already been processing your data and are allowed to continue.

Point taken Bookworm. In my case I have two accounts where the creditor doesn't have anything signed by me at all. They are both relying completely on my implied agreement by use of the accounts and have both issued default notices.

Which Wilson case tomterm? she had many I believe. In Wilson's car case they had an an executed agreement that was unenforceable as the prescribed terms were wrong.

But as shown in Wilson unenforceabilty is due to the most fundamental breach of the CCA by the creditor and bars even the court from enforcing an otherwise proper debt. Further Wilson says (ie the House of Lords wrote) the creditor "has no rights"! and the CCA can not be side stepped. Surely these are powerful words when preparing a case against a creditor with an unenforceable agreement.

Given the default notices are issued in accordance with the CCA. If the the agreement is unenforceable how can you be in default??? Several of us are preparing cases to take court action against companies with unenforceable agreements. Part of my claim will be concerning them stopping processing my data. Personally I think this is the only way you stop any of them.

No credit agreement means no hope for them! I seriously doubt they will be dumb enough to start court proceedings. If they do your defence is lets see the credit agreement. No agreement = unenforceable.

Hmm interesting. All the cases I have found, as with Wilson, concerned an agreement being unenforceable due to errors relating to prescribed terms. Have to say I have assumed that "no agreement" cannot be anymore enforceable than an agreement that has incorrect prescribed terms. That is my non existant agreement has none of the prescribed terms. If anyone finds the case Rosierose mentioned (John Lewis -v- Dr *Someone*) I to would like to read it.

Thank you Jeff for the tip, I am already subscribed to that thread I am happy that the CCA bits of my case are well covered by Wilson, even if the judge might need respectful reminding of the details! I am researching the whole claim it all back and the Data Protection sections as these need more work. Then hopefully will launch my claim towards the end of August.

Well as it is, I am particularly interested in the banks defence! It should give us some idea of how strong the case is and how they intend to defend. Assuming they do of course.

Un1boy is off and running with an early version of POC. Mine continues to evolve! http://www.consumeractiongroup.co.uk/forum/legalities/102075-please-check-pocs-breach.html

I have had no dealings with Abbey but if you look on the bottom or possibly the top of one of their letter heads it should tell you who they are, what their "real name is" as it were. Might say something like Abbey National is a trading name of Abbey plc. Mind you they are now part of Satander aren't they? I wouldn't worry if your paperwork to date has been slightly the wrong name. If still in doubt post a new thread and ask in the Abbey forum what is their correct name http://www.consumeractiongroup.co.uk/forum/abbey-bank/

Moving along but doubt will be ready to issue until late August. The help has dried up a little but after the huge boost from Mr Spud before he left, I still have plenty to research for myself.

Subscribing. Lots looks familar un1boy! lol Section 174 has been repealed and (following advice from the exCAGer Richard Spud and some further research) I believe should be deleted. All the very best with this un1boy. Will be watching with great interest.

EGG agreements are double sided. I still have a customer copy of one from May 2003. So if they can provide the original you signed it is one sheet, prescribed terms first side, signatures on the back.

This order is not asking for your bundle. So I would not sent it yet.The one bundle I submitted at the start of May 07 ran to 110 pages, so it is a lot of work and as you have to sent it to court and defendant thats times 3! Plus last time I looked at that thread it seemed to have grown with new info so a bundle now could well be longer! You don't need a bundle until you have a full court date. A directions hearing is not the full court date, it is just a chat with the judge in his chambers (office).

c) I think is summary of what you will be putting into your court bundle. So you can use the court bundle thread and cut & paste the details of cases and laws you intend to use. Have to say not come across an order with item c) myself. But am sure someone on here has. So anyone think my interpretation is wrong? or has had the same?

a) is your spreadsheet of charges b) is the bank statements you found the charges on that your reclaiming. No need to send all the sheets, just the ones with charges that your claiming.

d) is decided ie settled cases against the same bank you find them here. This is a list of all the cases the banks have settled, change the pull down menu to yours. http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82

Your court bundle is due a minimum 14 days before your court date. And as you haven't got it yet you shouldn't need to worry. All you need to return is whatever is on the order thats says the claimant will etc. Stuff that is for Abbey to deal with will say defendant must etc. I can't believe the order says send us your bundle? can you post what your order says

Did your letter ask for a copy of the executed credit agreement?

I enclosed a cheque for £5 or £10 depending on the size of debt with the letters. Then my CCA requests followed later, sent these recorded delivery and note when the cheques clear your account (you know then they have had them). The main thing is be patient and seek advice on here before replying to anything they send you. And finally refuse any discussions by telephone, insist everything is in writing.

falten check the national debtline website National Debtline England & Wales | Debt Advice they have the letter your after. The site generally is very good and if you need to call them do, they were a great help 9 months ago. Helped to stop the phone ringing and gave me time to discover this place and grow wiser.

CCA is the Consumer Credit Act. What you need to request is the credit agreement (CA) for the account in accordance with the CCA. Older accounts and agreements need the signatures yes, not sold old accounts might be covered by newer rules regarding online applications and electronic signatures. Best thing to do is send the template credit agreement request to the companies and when you get a reply post it on here and people can then offer their advice or opinions on what you receive. I have not had dealings with MBNA. However Littlewoods credit agreement was a great laugh and load of rubbish!

GlennUK would like to see the POC if thats ok. Are they posted on a thread anywhere?