Thanks PT. I will politely ask him to leave, if he refuses, I know what to do. Heather

Thanks Michael, that's what I thought but I just wanted someone more knowledgeable to confirm it.Thank You! Heather

I had a door step debt collector round tonight on behalf of Moorcroft (Bank of Scotland overdraft). I wasn't in at the time, but he told my husband that he would be round tomorrow morning. And, not knowing any better, he gave him our phone number! The citizens advice bureau are dealing with all of my debts now, Moorcroft said that they hadn't heard anything from them since the middle of February, which is true, because they are waiting to hear back from all my creditors. Anyway, if the CAB are dealing with things now, should Moorcroft be sending out a debt collector? Also, what should I do if he comes back? I am scared that he might try and force his way in. I have no money for him and I am not making any payments to them. The CAB said it would be best for me to go bankrupt becasue I have no assets etc. So I will not be making any offers of payments etc. What rights does he have? Any help is much appreciated. Heather

As the title says, MBNA have sent me a copy of the original application form. They have also sent me a copy of terms and conditions although there is no link that I can see between the two, I have no idea when they are from. Is an application form acceptable when I have requested a cca? Also, there is no where on the application form for them to sign and therefore does it mean that it is not executed? Thanks.

I have debts with RBS, MBNA, Egg, Barclaycard and HFC. In total I am paying back £188 a month but having just done a budget planner I have realised I can only afford to pay back £87 a month and that will only be until January when my maternity pay stops, after that I would probably have to reduce them even more. I don't know if I should write to them and ask them to accept reduced payments. I have sent cca requests to all of them. HFC and Barclaycard are in dispute, Capquest have passed my Egg account back to Egg so I guess that's in dispute too and MBNA and RBS have not replied yet although I only sent the requests to them on Friday. So should I wait until the cca issues are resolved before I write to reduce my payments or should I do it now? I am not paying Barclaycard, HFC or Egg just now but I am still paying the other two. If I ask them to reduce payments will they take this as acknowledgement of the debt? I was also thinking about passing my debts over to cccs or the like. Should I wait until the issues are resolved?

I have an HFC account which is currently being pursued by Capquest. I sent a CCA request to them and they sent me back a copy of an agreement which was totally illegible and therefore did not comply with the consumer credit act. I wrote back to them telling them this and they didn't even mention it in their reply. They just sent back a copy of the same agreement, totally ilegible, and a copy of some terms and conditionsl. So they have still not complied in sending a legible copy of the agreement. This morning I recieved a letter from their solicitors, it goes like this: We are instructed that the direct debit mandate has been cancelled (yes, the account is now in dispute because they haven't fulfilled their requirements.) If you fail to repay the arrears on arrangement you have made by 1st december further action will be taken and we will be seeking the full amount. Furthermore if you commence payments and fail in your commitments in future without good cause or reason further action will commence without further notice. Now my understanding was that they could not chase payments while the account was in dispute. And I have no intention of paying until they send me a legible copy of my agreement. So what should I do now?

Bump! Please help.

I have just had two letters from Capquest, one regarding my Egg account and one regarding the HFC account. The HFC agreement they sent me was totally illegible and therefore was not compliant. They have completely bypassed this issue, they did not even mention it in the letter. They have just sent me another copy of the agreement (the same one, totally illegible) and the t6erms and conditions which aren't much clearer. So what should my next move be? The agreement does not comply with the consumer credit act as it is illegible, should I send the same letter to them? And the Egg one. It says due to the nature of my complaint a decision has been made to return your account to Egg Banking PLC. I can confirm that your account is now closed on our system. You will recieve no further communication from us regarding the account. So what will Egg do now that it has been returned to them? Should I do anything? Help!

I have finally managed to get on to credit expert from Experian. I have a few questions about what is on it. 1) I have debts with Barclaycard, RBS, MBNA, Egg and HFC yet only Barclaycard and HFC are on my report. 2) With regards to the HFC one, it says it is settled. The account is currently on hold with capquest while they investigate my complaint. The cca they sent was totally illegible and as such didn't comply with the consumer credit act. I also sent them a letter saying that they should accept any money I have already paid as full and final settlement. Does this mean they have accepted my offer or will the put it to settled while they carry out their investigations? and also with HFC if anyone is familiar with credit expert, It has a U in brackets which means they have been unable to provide information this month. What does this mean? Any help much appreciated, thanks. Heather

Heathermc v Lloyds ****WON**** I was claiming on behalf of my husband who has a loan with Lloyds. He was told he would not get the loan without taking the insurance even though he didn't need it. He has been paying it for a year now and the refund of £628 will be in his account by Wednesday. They didn't even put up a fight.

Hi all, I am going to claim back ppi on my husbands lloyds cc as he was told he had to take it out or he wouldn't get it. Due to his job he really does not require insurance. The card was active between 2003 and 2005 and in total he paid about £635 in ppi. Can he claim interest on top of that. I have all the statements and wondered if I could work out how much in total he should get if he can claim interest. I know that on Martin Lewis' website he has a calculator for working out interest on bank charges and wondered if it was the same sort of thing? Or can you not claim interest on ppi? Thanks

Thanks for that Paul, I have had a read at it and my understanding is that they are entitled to make deductions from his wages, which we are not disputing we just don't want it all deducted in one go. It doesn't seem to say how much they are allowed to take or whether they need to come to an arrangement with him first (although i'm probably not reading it properly). So do you think we legally have a right to pay it monthly or do you think they have the legal right to take it all? Also, it's the Army and they seem to be a law unto themselves, do normal employment laws apply?

My husband was overpaid by about £900, not his fault. He agreed that they could take it all out in Septembers pay which they didn't do. Now they want to take it all out again but my husband does not want them to take it in a lump sum but pay it monthly. Are they allowed to takle it all without permission or can we insist on them only taking so much monthly? Thanks.

Wow, that's fab. Have sent off my letter today although not expecting such a good result!

I have been on a repayment plan for both credit cards since about February. I am paying £40 a month to the MBNA cc and £20 to the RBS cc. I have a standing order for £40 a month going in to my RBS account so that's being paid off although that has never been to collections. Suppose there is no harm in sending off a cca request. Will get it done today.

How did you manage to get them to do that!? Do you have any suggestions for a letter?

If I cca them all would they get a bit snooty and ask for full payment? And with regards to the overdraft, what would they need to send me and what would make it enforceable/unenforceable? How much of an offer would they be likely to accept?

I can't remember exactly. I believe the MBNA credit card was 2005 sometime. I have had a RBS student account since 2001 but I was 17 when I opened it so didn't get the overdraft facility until 2002. I believe I got the credit card in 2003.

Having started off with Barclaycard, HFC and Egg I thought now I have the ball rolling with them I could take a look at my remaining debts. I have an MBNA credit card, a Royal bank of Scotland credit card and an overdraft with RBS. Firstly if I can just say that I think it's ridiculous that I was given all this credit. I was a student at the time which they were all aware of and I thought it was great and would help me get through Uni but then I got married and had to leave uni so no good job at the end of it. Back to the matter in hand. Should I send off cca request to them? The difference with these ones is that they have not gone to debt collection agencies so I don't know if I am allowed to cca them while they are still with the banks. And RBS have always been really good with me. They were very helpful when I had no income so I don't want to mess them about cos they have never done it to me. I would just like to settle them with full and final offers but I don't know if I can do that when they are not with dcas. Any thoughts?

Thanks for the replies. I sent off the letters, adding the new bit in that it is not an admittance of the debt or responsibity, Wonder what they'll say. Just wanting to get things finished asap.

I am thinking about taking the initiative when it comes to my DCAs. I believe 1 cca to definately be unenforceable, 1 is probably unenforceable and 1 I think might be enforceable in court. Given that at the present moment none are enforceable I have written a letter to each saying that beacuse they are unenforceable that " I suggest that you accept all monies already paid to you as full and final settlement of the alleged debt" Good idea or not?

Just a quick question Rory. It asks for partners income but all the debts are in my name not his, do I need to include his income? And when it comes to the outgoing. Our rent and council tax comes off his wages, he pays for the petrol, sky, internet, phone bill, tv licence and we go halfers on the groceries. So do I leave out what he pays for?

Did you think it was an enfroceable agreement? My thinking is it is only enforceable by a court order so i'm going to push to see if they will take it that far. They have sent me no T&Cs, there is no mention of default charges and it is clearly part of an application. Not to mention they have no proof the pages are linked, really the sig should be on the same page as the terms, dunno how they can prove I signed that bit.

Ok, will do. Thanks!

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY Thank you for responding to my request for a copy of the executed agreement relating to acc no xxxxxx However, I must point out that the copy you have supplied me is totally illegible and therefore not in compliance with Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) For the avoidance of any doubt, the regulations state. Legibility of notices and copy documents and wording of prescribed Forms (1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the . (2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act without any alteration or addition, except that-- (a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed by these Regulations; and (b) every Form shall be completed in accordance with any footnote Therefore I require that you supply me a true copy of the agreement in a clearly legible form to discharge your obligations under s77 Consumer Credit Act 1974. If you do not send me the requested documentation I shall make a formal complaint to Trading Standards. I await your reply This is the letter I sent. It doesn't say that it is in dispute or they are in default so will I keep paying??