You absolutely must insist on seeing a copy of the signature document, remember there is absolutely no use in them providing you with a BLANK form, what is that all about? They would be laughed out of the courtroom! I suggest you keep that copy safe and sound! I personally feel it is well worth the £1.00 fee - how stupid can they be???? The thing is, they will be aware of the postings on various consumer websites and the ensuing publicity such as has happened in the OP's case. Therefore, they are going to have to try it on, aren't they? The answer is not to lose your nerve. Regards, Cornucopia

Bless you Peter, I do hope not! I have never been anything other than friendly and helpful on CAG, at least I like to think so!! Anyway, will take my leave and hope you will let me know how you're getting on! xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

P, you know nobody's threatening you! I certainly wouldn't be involved if that were the case.........a red herring!!!! xxx

OK my friend, hope it goes well, please do let me know how you get on, I do worry! Despite being an old Cauldron stirrer, you must remember that I am the junior of the cauldron!!! Your spelling is absolutely F-A-B!!! xxxxxxxxxxxxxxx See you when you can????? Hugs, Corn x:)

Forgive me, but where was anything personal or offensive???? If you are referring to chat between posters who know eachother, then you are way off the mark!!! For the record, I do not and never have posted anything personal or offensive about anybody. You've just reminded me why I don't post here anymore.

Good God you so and so! You absolutely MUST! I totally agree with you 100%, I hope you didn't think that I was spilling bile! Absolutely not! Merely defending my good friends who I respect enormously and in fairness to Shane, he is a reasonably new poster and doesn't know our history. Crikey Peter, it would be SO much better if everybody could work together!! Anyway, I will bugger off and leave you to it, it would be great to see you again, hope all OK with you and that health back to 100% and of course will pass on your wishes to the other renegades!!! Nice to see that you are still flicking v's at the Oxford English Dictionary! Love it!! Hugs, Corn xxx:D

Shane, thank you for responding, my intent wasn't to intimidate, but that there is so much rumour, chat and conjecture about so many contributors on this site that I really do find it very offensive when there is criticism of them, especially as I now consider so many of them to be friends, having actually met them in the flesh! You can see my post count, I have a lot of respect for many on this site, but God help you if you think outside of the box. The person who started this thread isn't here any longer, but is elsewhere doing great work, that says it all really! Good luck to you guys! Regards, Cornucopia

Well if that's the case then it is a big mistake. No doubt I will be banned now for arguing. Also, Shane, no disrespect to you but if you weren't aware of the quality of postings of either of the above, then comment ought not be passed. I have purposely stayed off here for quite some time now, but I do hate to see those that I consider to be valuable contributors treated with such disdane. Further, Peter knows all of us (well enough now I would hope) and would surely agree. Regards, Cornucopia

Ha ha!! No blinking going on here, as you well know!!! You little troublemaker you!!!

Firstly I suggest you start a thread in the appropriate forum for your problem as this is a thread started to collate information. It just means you will get more attention and hopefully more help! I would suggest, in the first instance, that you contact the administrator of your DMP. I hope once you put your story in the right place, somebody with better knowledge of Scottish law will come forward. Could you start your new thread with your whole story and then PM me with a link? Regards, Cornx:) Regards,

Hello Stranger! Now you know what I think about this! It does not comply. Not in any way! Can you e-mail me? Have lost all my contacts - computer nightmare and haven't been able to email all my mates!! Speak soon, Love, Corn x:)

Steve, this is what makes me really annoyed. You are worried and worried for your kids, I am a mum and really understand. They are NOT going to turn up on the doorstep. In the unlikely event that they do you either tell them to bugger off as they are trespassing, don't answer the door or call the Police. You don't have to put up with harassment on your doorstep. I would imagine contact would be by phone or post. If they start harassing you by phone, send the harassment letter in the library. You are panicking, please don't and believe me this is coming from somebody who was on the point of hanging herself a year ago! Please PM me if you want to email or chat! Regards, Corn x

No problem Steve. A true executed agreement must contain all the prescribed terms and the T&C's from inception of your account. However, they are allowed to omit signatures but a signature box should be present. However, if they were to attempt to enforce in Court, they would have to provide the signature document to the Judge. I suggest that you write to them and tell them that what they have sent you does not release their obligations under the CCA. If they do not provide the document within the 12 + 2 + 30, they could only enforce with a Court order and on the basis that they are in possession of the original signature document. My best guess is that they have an application form and nothing else. I am surprised they haven't sent that. You must keep the account in dispute and title "in dispute" in big bold letters on every piece of correspondence. Don't forget to report to OFT, TS and ICO too. Hope this helps! Regards, Corn x:)

Hi Steve, Firstly, I would start a thread in the Capital One forum. This means you will get a better response from others in the same position as you and who are familiar with the same bank. What I can tell you is that they have sent you a set of terms and conditions. I would suggest you write to them and ask them to provide you the document that they would rely on in court to enforce the agreement. They MUST be able to provide the signature document to the Court to do so, however, were they to provide you with a true executed agreement, they would be permitted to do so without the signatures. A standard set of terms and conditions, especially current, does not constitute a true copy of the executed agreement. I suggest you pursue this and remember to remind them in each correspondence that the account is in dispute. I would also respond to the default notice, reminding them that they issued this whilst the account is in dispute and that this is in direct contravention of the banking code (suggest you Google banking code and read up! It is worth it!). Please don't panic. Chip away a bit at a time. You are in control remember! Regards, Cornucopia:)

Hi Tartan, no there is simply nothing to report. The words "mexican" and "standoff" spring to mind! I am most certainly not blinking first! Regards, Corn x:)

Hi Fred, I suggest you contact dpick. He is with CCCS and they went along with his stopping payments plan. I wonder if he might be able to get his contact there to speak to your contact - surely worth a try! I think you must pursue this, also my view is that advice and method should be standard and across the board, therefore, I would take this line with your contact and her supervisor. Good luck! Regards, Corn x:)

Dear..... Ref...... On (date) I sent your a request under Sections 77/78 of the Consumer Credit Act for a true copy of the executed agreeemnt that relates to this alleged debt. To date you have failed to comply with your statutory obligations as you have only sent me an initial application form (or whatever suits your circumstances). Include if applicable : Since the statutory time limit for supplying me with a correct copy document has now been exceeded, I must advise you that you are not entitled to enforce any alleged agreement against myself and that you have also committed a criminal offence under the Consumer Credit Act. In therefore expect no further communication from you in respect of this matter. Should you nevertheless choose to initial legal proceedings against me, I will expect to receive, with any Letter before Action, a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt. Yours faithfully Regards, Corn x:)

Hi Leyla, Firstly, to avoid hijacking Yaff's thread (although I know she won't mind), can I point you in the direction of the MBNA forum so you put your thread in the right place. You can cut and paste what you have typed here and start your own thread so that you can get some help. If you want to take the pressure off your husband (I did this), you can write MBNA a letter of authority telling them that he has given you permission to deal with his account. Only if you want to, of course. It would be helpful to know the state of the account. How old is it, is he still paying, are there charges on the account, etc. To start your own thread, find the MBNA section and go in. There is a "start new thread" box, click on this and give it the title you have here. I hope I am not teaching you to suck eggs here, but to cut and paste, shade all the type in your post and click on edit and then copy. Then go to your new thread and click edit again and then paste and your text should appear. Alternatively, just retype it but it will take longer!! Lastly, you are not failures, no they do not have the right to treat you like this although they will say they do and there is plenty to be done. You can sent the harassment letter in the templates library, you can continue to pay what you can afford, if they were to take you to Court, you would only be ordered to pay what you can afford anyway so they really are biting off their noses to spite their face! You can also set about reclaiming the charges they have added to the account. There is lots to be done but you are in control now......don't be bullied by these idiots! There are lots and lots of people in the MBNA forum who are/have been in the same boat as you.......so join in and you will feel much better and more empowered! I hope this helps! Regards, Corn x:) PS : Please PM me when you have set up your thread so I can subscribe!

Guys, please don't apologise, I consider any posting on my threads to be useful, no-one hijacks! I have still heard nothing from Goldfish about my 400 odd agreements. They haven't even chased for payment yet which is a bit bizarre. Birch, I would hop back over to Addabets thread as Zubo supplied some excellent letters that are on there. I would post a link but I am a bit short of time. Regards, Corn x:)

Or his legal "know not" as appears to be the case! You are of course absolutely right Josie, I suspect the motives of Mr Rubbish Advisor at MBNA was to blind FS with science () with the hope of instilling fear and doubt, unfortunately, this very tactic could work on some consumers........thank GOD not here!

Is this MBNA by any chance?

FS, I would be very interested to know who you spoke to, could you PM me if you would rather not put it on the thread - this is quite hilarious! It seems to me that WE have taught THEM something and if they cannot quote the case details, he really ought not to be quoting the "case" at all! This is bluster and he as contradicted himself with the actual points of law in the act! Never mind seeking the advice of a professional - he ought to have done that before speaking to you!

Sorry for late response Birchave, I have been away from threads because my daughter has been unwell (all OK now!). I haven't received a response from them - it is ridiculous, although I have to admit the list of agreements and their dates that I sent them will keep somebody busy for a while! I haven't paid them this month. I have told them that I am not paying them but have heard nothing yet. I am a bit uncomfortable with this as I have never not paid them but I feel that I am going to have to see this through although I expect it will be painful! Will update as soon as I hear anything!! Regards, Corn x:)

Oh isn't it B-O-R-I-N-G!!!! Yawn:rolleyes: I have written them with breakdown of the 400 odd agreements and have heard exactly zilch. However, I haven't paid them this month either (for the first time ever!) I am sure that will wake them up! Onwards and upwards.................

Well that's a cracker!!!! What was this interesting ICO document? The sarcasm is just astonishing! I would bloody well let them take you to Court and try and use that microfiche bit of rubbish to back up their claim - you know the score with this one!!! You've changed your name!!!!