Ooh ... thanks Marshmellow .... And hence why statements have now arrived, with contact us to arrange payment. I didn't know about the 33 day timeframe, as this is my first creditor/assignee to attempt to go the court route, and so I have little experience on the formalities ..... many thanks for taking the time to post up on this Abs xx

Just as a note on this, M&S assinged a disputed debt to HL Solicitors, whom did issue a court claim for part monies ..... its been defended, but just a heads up that both OCs and assignees can be pretty underhand and will continue to say its not disputed to try and badger you into submission !!

Hi HH, Well my court claim is just showing as defence submitted, not stayed, and this was last August. I was going to reply, and again ask for a copy of the CCA for the credit card, and see what their response is. Abs

Hi all,Just a quick update, I have today recd from HL sols, a bundle of statements from when the chargecard was changed to a credit card. It states, the statement of account was sent by M&S, and that they have advised HL that the dispute was resolved in 2010, the store card was changed to a credit card and it has been confirmed by them that the account is recoverable. Followed by if you wish to discuss futher contact our collections team and a tele no. No mention of the court submission for partial claim, which remains as defence submitted from Aug last yr - although hand written on one of the statements is part sue team . Abs

Hi HH .. great to hear from you. Even if they claimed the full amount, our defence, of there being no executed agreement at all, and the prev court case (I know not binding) but surely relevant, should have any claim by them stopped once they get wind of the defence. Surely they can't be this stupid to try and claim on cases where they have no legal grounds to do so i.e no agreement (not even improperly executed), but absolutely NO consumer credit agreement, which was reqd due to the complete change in nature of the account .Anyhoo ...time will tell .... I was thinking of a strike out myself, but again leaving sleeping dogs lie is sometimes better and saves me a fee ! Abs xx

Anyone any developments on this ? I've heard nothing at all since my August defence went in.

Thanks andy ..... Hammy not even a payment plan request xx

Thanks for your comments - will advise accordingly (post amended from original published).

Again, you haven't read/understood my posts correctly ...... I haven't discussed SB - thats irrelevant at this moment in the matter, and not the basis of any dispute or defence in any event. Its important to understand that the LA80 is not solely for 6 yr statue barring purposes, but discussed in relation to the proven acquiring of knowledge, and the time within which a complaint can be brought following the possession of knowledge leading to the dispute raised ...... which includes a 15 yr long stop. Are you confused on posts ? I haven't/she hasn't said or claimed it isn't her debt at all ...... where the heck has that come from ? Lets be clear, I am not discussing paperwork minor admin errors ..... but serious compliance irregularities and breaches, that she has only just become aware of ..... did you even read the attachment or understand why the ommission of the right to cancel on a agreement not executed on trade prems, renders it non-compliant under the TERMS of the CCA ? This isn't about debt avoidance either, but like every other post on here, about the correct execution of a contractual consumer credit agreement, unfortunately we do seem to be a crossed purposes/understanding here .... by the way regarding debt avoidance you seem to be implying that I am encouraging, perhaps take a look at the attached thread of Cerbersulaert. from post 13 onwards, where the ramifications in the ommission of the cancellation box is also dicussed in depth - and is clearlyl not a minor error, well not according to the Consumer Credit Act its not..... but I understand you may have a personal and somewhat different view to this http://www.consumeractiongroup.co.uk/forum/showthread.php?262381-AA-loan-CCA-wrong-personal-someone-else-on-it The fact that you don't feel or are unable to provide any assitance in the matter doesn't mean that your replies should be dismissive, rude or offensive .... in fact rather the opposite and I am a little disappointed, but I'll live ... If we can now leave if for others to pop by and add their input I would be grateful, and I do appreciate your time in responding all the same. Abs FYI - Further thread re the omission and legal implications via breach of the CCA, in the Creditor failing to notify the Debtor of their Right To Cancel - http://www.consumeractiongroup.co.uk/forum/showthread.php?296075-Not-so-Intelligent-Finance&p=4003418&highlight=#post4003418

..

I'm pretty au fait with CCA compliance and agreements - esp where the obvious terms and rights of the debtor have been omitted from the CCA by the creditor (I know Cerberusalert. is knowledgeable about this area of compliance too). So its not really the issue of enforceability that guidance is needed on as my orig post highlighted, its whether the OC will try and count the limitation clock from when she recd the copy agreement in 2009 - loan commenced 2006 (and she didn't obtain guidance), when really it should be from her now discovery that it certainly is not compliant - and how that may be best dealt with. There are 2 ways, first saying that she has now taken independent advice on the validity of the agreement, with her NOW discovery that it is defective which is the basis of dispute, or request another copy of the CCA, and then go straight back with the s127(3) defective argument - its this area that I just wanted to bounce off other people ... hopefully Cerberusalet will spot this and pop in with his thoughts. Thanks anyway DX for your input for the time being. Abs

Overdrafts are covered by s10 (part v exemption) of the Consumer Credit Act - therefore a correctly executed default notice IS required and the debt will be recorded on your CRA file. They won't have a specific copy of the DN on file (not normally anyway), BUT there should be the date of issue - but one does have to be issued due to the regulation of the OD element. Taking this to court would make them divulge the date, and they wouldprobably just give a template copy of a typical DN notice - which they hope the Judge would accpet as being issued in your case. FYI - there are copious threads on here re ODs, with accurate advice on their regulation, have a hunt round to obtain relevant guidence (or go through my past posts to find them ) - which if handled correctly, and if you can prove that they have failed to adhere to the CCA regs pertinent to s10 (part v exemption, which is forfeited by improper compliance to s10), IMHO they will be completely disuaded from going the court route, and indeed fail when they get there, as the posts you'll read will highlight. Hope this helps Abs

That would be the Limitation Act 1980 As for the wriggling out comment .. . a CCA is either compliant or not, if it is not correctly executed under the requirements of the Consumer Credit Act, then is is unenforceable by virtue of s127(3), thats not wrigging out as you put it .. . but Consumer Credit Law that the creditor has a legal obgligation to adhere to .. .. perhaps reading the attached particularly pages 4 and 5 would help clear any confusion up ... By the way who said the loan was post 2007, I certainly didn't ......she recd the copy CCA in 2009 not took the loan out then

Hi Guys, Just a bit of head bashing really .... someone I know with the usual story of losing their job and being in financial difficulty, requested a copy of the CCA on a loan in 2009, recd it (acknowledged its receipt in a letter), and agreed a repayment plan, as they thought it looked ok. (I didn't know then at the time). Anyhoo, they have maintained reduced payments for 3 yrs, and its only because she was struggling this mth to meet the payment (which is ony £20), that we got to talking about it, I asked if she had a copy of the original agreemet, which she told me she had, and went an brought it to me. Now, on quick glance, it looks ok, the interest rate is there, correct APR, payments, CCA heading etc .... BUT ..... there is NO directions to cancellation, or a highlighted cancellation box advising of the individuals rights (it was signed at home and not on any prems). Now obv, this places the contract in breach of the basic terms of the Act - but - what is concerning me is that she has had this copy agreement for 3 yrs, and being paying for 3 yrs - which ordinarilly would be an issue with the LA80 and the 3 yr watershed for raising concerns from date of knowledge (in this case receipt as I've only just shown her that it is NOT a compliant agrdeement at all). She has not paid this month, my feeling is to ask for another copy of the agreement, then place into dispute sayng that she has recd independent advice on the validity of the agreement within which she has been advised that the agreement does not comply with the terms of the CCA - thereby the 3 yr clock should only start ticking from now (which is when she genuinely has only just found out the CCA itself was improperly executed, as I've only just told her). Any advice, is this the route you guys would also go ? If not, how would you approach this ... ? Thanks guys Abs xx

Hi all ..... just wanted to see for those whom had been issued with the infamous Sigma M&S chargecard court claim for partial settlement, how you were getting on .... since my defence went in to Nampton Court in Aug nothing .... Also can't find ANY of the old sigma threads we started in the summer on this ... very strange !! Abs x

Ah .. thanks for that !!

Thanks for that Down'n'out - but what does NEET, Ex-IB, ESA (IR) WRAG mean ? (I don't have any benefit experience !) .... Thanks Abs x

If you are unemployed when are you referred to Ingeus (what benefits mean that you are referred to them and after what period) ? Also, what are the sanctions discussed and when are they applied ? Abs

Fab ... I just thought will all the traffic we have on the debt forum, it would get good exposure for the guys ... xxx

Fab ... I just thought will all the traffic we have on the debt forum, it would get good exposure for the guys ... xxx

Hi guys, Abby here, as you know I post on the site (not as frequently as of late), but I came across the below post on another site, & wondered if you would be kind enough to help them out - this is not something I normally do, but felt compelled to spread the word for their good work. Its to help a dog rescue org, to raise funds from a local Land/Range Rover dealer, simply by clicking Like on their facebook site ... if you have a facebook page, please help get the numbers up by mid Oct (when hopefully they will be presented for a chq for £500 I think). Anyway, have a read, and hope you can help them .... spread the word to others too ... its a really worthwhile cause ... http://forums.moneysavingexpert.com/showthread.php?p=56282605#post56282605 Abs x

Hi guys, Abby here, as you know I post on the site (not as frequently as of late), but I came across the below post on another site, & wondered if you would be kind enough to help them out - this is not something I normally do, but felt compelled to spread the word for their good work. Its to help a dog rescue org, to raise funds from a local Land/Range Rover dealer, simply by clicking Like on their facebook site ... if you have a facebook page, please help get the numbers up by mid Oct (when hopefully they will be presented for a chq for £500 I think). Anyway, have a read, and hope you can help them .... spread the word to others too ... its a really worthwhile cause ... http://forums.moneysavingexpert.com/showthread.php?p=56282605#post56282605 Abs x

Just wondered what happened with this one ?

Not a peep since I submitted my defence on 8 Aug. Not even a "we're disappointed" ... nothng ......

Yep ... Bank accounts are not regulated under the CCA74 - but ODs certainly are under s10 (with part v exemption) All part v exemption means is that the bank doesen't have to provide a traditional cca document, as you would have signed and received with a loan or credit card. Instead they in place of a traditional cca document, will send you the copy letter of facility you would/should have received when the od agreement commenced (and every time the auth od limit was amended i.e increased or reduced). They also have to send you any copy terms and conditions, statements etc...... if they can't do this they are in breach of your request, and are unable to proceed to court as they are unable to demonstrate the terms of the alleged agreement. Additionally, if you are in unauth waters (ie os of your limits, or they pull the plug and demand repayment), then within 3 mths of you going outside of your auth od terms, your bank should have sent you details of the revised higher interest (unauthorised od) rate you are now subject to, and any other unauth OD charges to be applied, and the charging period. (they should also send you details of the charges applied to your OD during each charing period - i.e a monthy statement illustrating what they had added to the os debt). Now, if your bank did not send you such information within the specified time frame, they effectively forfeit the benefit of Part V exemption as per the CCA, which means that the OD facility NOW does require a full and correctly executed signed CCA to be presented, if they wish to pursue through the courts. Indeed, I am currently dealing with a NWide OD (whom have been quiet for over 2 yrs now) - which they have not proceeded any further than DCA letters, once they we advised of the above (of which to boot I also have a VERY dodgy DN - which won't be served until any court hearing). I must stress that I have not tested the above in court - BUT if you are robust enough and demonstrate that you are aware of the consumer credit laws governing such matters, they may well elect to try it on with someone else who will roll over - and you also have the above success to support your argument which is largely the same argument I have already been using with nationwide for some time. Hope this helps ... Abs x Link to an OD thread I have where I also discussed this .. it may help ... http://www.consumeractiongroup.co.uk...riton-Natwest - in which you will see my advice that if when they respond to your "cca" request - they DO NOT CLAIM PART V EXEMPTION - DO NOT ALERT THEM TO IT. As it means that they will have to produce a traditional CCA for court, which we know does not exist for a traditional OD arrangement.