Many thanks for the letter Ro55e30, I will try and get this application posted before I send the letter off!!

The 12+2+30 was up in May but have held it in dispute because they have not fullfilled the section 78 request by not coming up with the correct T&C, but they are getting a bit frustrated because I won't accept the current ones they keep sending!! I was going to tackle the Application Form after they had complied with the request

Hi, Will try later to get it on but it's a def Application Form with all the financial and related conditions tagged on, seems OK though that's why I'm querying what would happen if they can't supply the relevant T&C ?

OFT, FSA, ICO, TS, Transparency, Fairness, HONESTY and George Galloway. Well the day these words blend together my endowment will have paid off my mortgage, and I will have retired on my big fat pension!!

Hi, I am hoping someone will be able to give some advice after a CCA request to MBNA. I requested my agreement from MBNA under section 78 of the CCA1974 to which MBNA replied within 12 days with only the application form. I then placed the account in dispute as they never sent a statement of account or any terms and conditions. After requesting the T&C relevant for the time I opened the account, MBNA promised to send them to me, predictably they then sent me current T&C !! I spoke to someone from MBNA and they advised me as the account is over 6 years old, they do not have the relevant T&C because they don't keep them beyond the 6 years, and it was my responsibility to have kept them from when the account was opened. I asked if he could confirm the conversation in writing but he refused! So at present MBNA have informed me that they are about to pass my account to a third party and will continue to put markers on my credit file as I'm withholding payment, this is despite me reminding them that the account is still in dispute. If they can't produce the correct T&C what are my options? Any advice would be greatly appreciated !

Received very dodgy application within 12 days of request in mid April, still awaiting the the T&C and statement of account despite being told several times they are sending them. I am also awaiting signed confirmation (which I requested) of them being within their rights to add interest whilst in dispute. MBNA I AM STILL WAITING....................................

Money lender charging 177 per cent A DOORSTEP money lender which charges a typical APR of 177 per cent is targeting people in the York area. Letters have been sent out to credit brokers and even to responsible lenders York Credit Union offering £45 for details of people they refuse for a loan. But York Credit Union has refused to deal with Provident Personal Credit fearing it could drive people into further debt. Potentially, thousands of people within York fall into the economic group that makes up the majority of Provident Personal Credit's customers - people on low incomes or benefits. Mike Horncastle, pictured, manager of the credit union said: "We are taking a principled stand on this. "If a member can't afford the repayments on one of our loans at 19.6 per cent APR how can they possibly afford a Provident Personal Credit loan charged at a typical 177 per cent APR?" He said many of the loans the union had been making recently are to people who have taken loans with doorstep lenders - although not necessarily Provident. He said: "Suddenly, people are faced with a solicitor's letter from a doorstep lender and they have nowhere to turn to." A spokesman for Provident said the letters had been sent out to credit unions by mistake and should only have been sent to credit brokers. He said: "Most of our customers come to us through word of mouth from existing customers as our clients are generally very happy with the service." The spokesman said mail shots were sent out to intermediate credit brokers which said they might be able to provide loans for people the brokers had been unable to help, and that details were only sent to them with the agreement of the people concerned. He said the high APR is charged because people come out to customers' homes to collect payments, and also because the company does not make charges if a person is unable to pay one week. Kate Hignett, Legal Aid caseworker for the Citizens Advice Bureau (CAB) said: "There are no statutory caps on the interest that a credit company can charge its customers. "Unfortunately, it is typically people on low incomes or with a poor credit rating who tend to borrow from doorstep lenders because they cannot obtain credit from high street lenders. "We have always advised clients when they are planning to borrow money, always to ask what the total amount will be they will have to pay back. "We work very closely with Credit Union and advise clients to use them where they can as they provide responsible lending at a realistic cost." For information from CAB, phone 0870 126 4850 or go online to Adviceguide from Citizens Advice. Too high a price to pay FOR a loan of £300 people in York could end up paying £195 just in interest to Provident Personal Credit - ten times what the city's credit union would charge. On Provident's own website it says that a loan of £300 repaid over 55 weeks at £9 a week would mean the lender repaying £495. But York Credit Union has pointed out that it could lend someone £300, they would pay it back at the same rate of £9 a week and the loan would be cleared in just 36 weeks and they would only pay an extra £19.32 in interest.

I've just checked the agreement I received, Governing Law This agreement letter shall be governed by and its terms shall be construed in accordance with English law. British Bankers Association: Statement of Principles The Bank would draw your attention to the BBA statement of principles booklet enclosed with this letter, and in that respect: You warrant to the bank that you have been given the opportunity to seek independent advice on this agreement letter and any relevant security documents, and that yo have either taken or declined to take such advice, and in any event you fully understand the nature and effect of the agreement letter and the relevant security documents.

Hi, Its very very long, you may have to do a search! Consumer Credit Act Agreements

Hi, Heads or Tails, Clutching at straws or Mad rush to register

It also says, "Any qualifying organisation intending to take advantage of the exemptions must notify the OFT in writing. This intention will then be included in the appropriate entry in the consumer credit public register" So who is on the register?

Hi, I am in the process of changing banks and as stated by Rory the agreement I signed for my arranged OD on the new account was a looser document. The previous Bank I don't remember signing anything (6 years ago), but they are constantly ringing to transfer it to a loan ?

Re: Agreement Enforceability Is my agreement unenforceable via section 127(4) of the 1974 Consumer Credit Act This section of the Act forbids the court from enforcing any, “cancellable agreement” if the debtor has not received the required information to be able to cancel the agreement if they wished. A cancellable agreement is one that gives the debtor the extra right (For a short time) to stop the agreement from continuing even after it has been executed (signed by both parties). This section 127(4) will not apply to all agreements because not all agreements are cancellable so the first question is; After 7 days you should get a copy of the executed (Both signatures) agreement to show the agreement has been executed and any other documents referred to in it which means your cancellation details. (This is the one you may want to dispute receiving) If this is disputed what ways would they be able to prove it was sent, and would a whole dispute come down to their word against mine ?

Hi, Great thread, would it also be possible at some point to start another thread to explain the correct procedure that creditors should have followed from Application to Executed Agreement (incl cancellation rights)?