Hi HeroPanda, I'm in a similar situation to what you were in with MH. Old default on the account from 2009 and struggling to get a mortgage. I'm curious what your progress was with this debt / getting the default satisfied or removed and how did it afftect your mortgage applications? Cheers, BM

Hi, Could someone take a quick look at my RBS Advanta / Mint agreement and advise if it is enforceable? Scan210016edit on Flickr - Photo Sharing! They also send separately T&Cs

Here's what they sent: Halifax - a set on Flickr

OK - Will do - just need to get this scanner going!

What they've sent is like a transcript of what the alleged form might have been, for example there are pieces of text that say "check box" next to options for PPI etc. Unless they provide the original document with your signature on it, how are you supposed to verify if it was properly executed? I understand that they can block out their own signatures - but I don't see how what they have sent could be considered to have complied with the Act? Any legal insights?

Evening All! I have requested a true copy of any agreement under CCA74 from the Halifax. They have sent me a a bunch of documents, the covering letter of which states; "the information we have provided you with is all the information we are required to provide you with Under Section 78 of the Consumer Credit Act. Please also note that we are not required to provide a copy of the original signed agreement under section 78 of the Consumer Credit Act" Is there any truth in this? anybody else received this kind of response from DCAs or original creditors? What's the next step from here?

Thanks guys, it's good to hear both sides. I feel like they are two separate issues. In fact - if the debt is unenforceable, the charges are even more illegal! Has anybody had experience of getting both from a creditor or experience of having problems taking this approach? Scott - your approach does seem the more moderate approach - have you seen any cases where this notion of "false enrichment" has been suggested by the court and what happened? Thanks

Hi all, A few years ago me and my other half got into some serious debt - and fell into the cycle of living on credit cards. We share a similar stort with a lot of people from around this time, where the CC companies would just keep increasing the limits and we stupidly used them up and we ended up owing over £100,000 on credit cards and loans (all unsecured debts). Thankfully, a friend switched me onto the CCS and we have got down to about £60,000 over the last 4 years. Initially going on their plan and then going independent. I've just started investigating (and some action) re: reclaiming charges and checking the enforceability of some of the original Credit Agreements. There's so much info on this site, and it such a great resource - it was over a year before I felt that I had enough info before I could do anything, as it all seemed so alien to me. Now it's all coming together - with the help of some great people on here. I read one post where someone mentioned that you could not reclaim bank charges and also get a debt written off due to an unenforceable credit agreement... I can't find any more info on this - could anyone throw some light on this - are there maybe some actions that you take in recovering charges which would make your position untenable in trying to get a debt written off?

OK, Thanks

Thanks Palomino - i'm starting to gather that it might be....! Could I still use the same approach (and form) to get a court order for them to comply with my request? I understand that with a CCA the time limit for the DCA to comply is actually 12 working days and seeing as we're now at 3 months they are well in default. Just not sure what my next steps should be - i see two options (maybe there are more - or these are wrong??) 1. Sit tight, saving the money that I usually send to them, in case they come up with the alleged agreement - wait for the debt to become statute barred 2. Force the issue by going to court and getting them to admit sooner than later that the debt is unenforceable. I prefer option 2, as I don't want this hanging over my head - I would rather know once and for all where I stand. What do you think?

Hi - sorry for the confusion - the letter that I sent to Blair Oliver Scott was a CCA request for the original agreement, not a Subject Access Request. Request was sent in October, they have still not complied, once they had not replied for 40 days I ceased my payments to them. It is now close to 3 months since my request. Yesterday I sent them a letter to say that I consider the account to be in dispute and that they should comply with my CCA request within 7 days. I also mentioned that as they are in default of CCA74 77(4): "(4) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence." In the last couple of weeks, I received a number of phone calls from them, which I think I have nipped in the bud by asking them to remove my number from their records and asking for all further communication be in writing. This morning, I received a letter from them stating the following: "We note from our records that you have defaulted in the temporary repayment programme agreed with you. A payment of £XXX.XX is required t bring the programme up to date. IF YOU HAVE MADE A PAYMENT TO US WITHIN THE LAST THREE DAYS, PLEASE DISREGARD THIS LETTER. If not, payment may be made by sending a cheque or postal order to the above address".......blah blah blah "PLEASE MAKE YOUR CHEQUE PAYABLE TO BANK OF SCOTLAND" blah blah "Failure to comply with this request will result in legal proceedings being instigated without further notice, the costs of which may be awarded against you." -- SO what implication does this letter have with regard to CCA74 77(4)? Is this letter classed as "enforcing the agreement?" Thanks

Thanks for your help - I sent a Subject Access Request to Thesis and they have sent illegible copies of the alleged agreement. Is this considered a breach of CCA 1974 77(1) - or does the request for the original agreement have to be "labelled" as such? i.e. do you have to write in your letter a reference to the CCA? Thanks

Hi all, Initially I've got myself a little mixed up with these two actions that can be taken against a creditor. Now I have it clear(er) - i think! So can a failure to respond sufficiently to a Data Subject Access Request be classed as a breach of CCA1974 77(1) / 78(1) - i.e. does the same time limit (40 days) apply to this and if they fail to provide they are no longer entitled to enforce the agreement under 77(4) / 78(4)? Thanks for your help..

Can a failure to respond to a DSAR also be considered a breach of CCA1974 77(1) / 78(1)?

Thanks - will check this out.... I've also sent a letter saying that the account is in dispute, due to their non-compliance.