What about asking for it via a CPR request. regards

Do they still not have to supply a Credit Agreement as per usual timelines. The only difference is that thay can keep demanding payment and keep reporting to the CRAs. regards

Do they still not have to supply a Credit Agreement as per usual timelines. The only difference is that thay can keep demanding payment and keep reporting to the CRAs. regards

Hi, Does the OC not have to write to you and tell you that they have sold the debt to whoever?

Hi spamheed, Got a bunch of such letters today from your friends.. We have bought your debt bla bla bla. We are here to help bla bla bla. NOA my ***. I thought a NOA also had to come from Original Creditor. What way do you like your egg, scrambled or boiled. regards

Hi Doc, Are you Doc Who?? You should know the master pretty well then?

Can the DCAs demand payment now because the judge has said that demand for payment is not enforcement? ( They always did it anyway before the test case ) regards

Hi, The thing is, I didn't make any reference to any web site. I used the term NAUGHTY NAUGHTY. (mispelt here to stop it being caught again) regards

Whats going on with these posts. ORANGE??? The message seems ok until I post it.

Who dropped the clanger then? Why was it ever taken to court? You would think something this important would be deeply scrutinised by the legal seagulls before it got that far. RBS must have thought it was xmas.

Who dropped the clanger then? Why was it ever taken to court? You would think something this important would be deeply scrutinised by the legal seagulls before it got that far. RBS must have thought it was xmas. regards

"In a number of such cases, the courts have recognised that, although the statute may render the agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist, even if unenforceable by the creditor" But what exactly does it mean......?

So what was the point then?

So in other words, same old same, only a court can decide if an agreement is properly executed? and as for the DCAs, defaults, CRA, threats etc, no change there either?

Hi, Can someone tell us non legal eagles what this decision actually means,along with its implications. I have read so many interpretations by different people. Am not really sure. The only thing I am sure about is that the banks and DCAs will twist things to suit themselves, but can somebody tell me what the actual legal position is now with regard to CCAs and court proceedings. regards

So what's the bottom line here. Are we all stuffed? The DCAs will pester us now non stop now. Do we have any defence? ( Actually I think the best defence will probably come from the DCAs themselves. They will dig a deep hole for themselves and then jump in. ) regards

Hi Mitzi, I could be wrong, but it looks like you've got a bunch of application forms. sunray001

Hi, So if the bank states in writing that they cannot find it because it has probably been destroyed, what is the legal position? regards sunray

Hi, If a bank informs you that they will probably be unable to find your CCA because they only have to keep documents for 6 years, and it may have been destroyed, what is the legal position? regards sunray001

Hi A1, I will probably get a chance soon to test this in court, repo. sunray

We are not dealing with sensible people here. They hope you just get fed up and pay up. I know people who were still being hounded even after bankruptcy. You know a bit about the court sytem, others don't. They just hope they get lucky. It's possible to beat a smart person, sometimes it's more difficult to beat a lucky person. regards

The DCAs will keep pushing your buttons to see if you cave in. They do not really care about CCAs or anything else. They WILL try it on. New DCAs are coming in fresh. You are slowly being worn down, unless of course you enjoy the fight. I have found that if you have property, assets or working, they are more likely to take you to court. They will chance their arm, hoping you will not defend and that they will get a judgement by default. ALWAYS defend and claim costs.

Hi, They just keep chasing you until they feel there is no monetary benefit to themselves, and then sell it on. The bottom line is, they will never leave you alone. regards

Has anyone had success applying for a order declaring the debt unenforceable from the Court under s.142 CCA 1974?

Hi, You eventually just end up in a stalemate. The CC company or DCA will just sell it on, and round again we go. regards