Also have you received any statements? We only took our loan out in Dec 07 but I have never had a statement. Something I read said without an annual statement the loan is unenforceable but I am confused about the difference between secured and unsecured rules!

Do you mean that might imply it doesn't have the right terminology? I am scarring myself silly over their terms and conditions! Every time I read them I find something else I don't like the sound of. Having read lots of things about their behaviour just makes it worse! I have just been onto Blemain website, they mention the FISA, does this mean we do have some protection do you think?

I have been onto Stephensons again. They are saying because the agreement is not regulated the normal provisions for improper execution do not apply!!!!!!! Does that mean they can do what they want, charge what they want and I can do absolutely nothing? Please help

It appears that the loan is a repayment! Nothing in our paperwork mentions whether it is repayment or interest only, we asked for interest only but we obviously didn't have it confirmed!! We were not given a key facts sheet and they are charging interest on the loan amount plus the added costs is this allowed on secured loans? We are hoping to hear about the remortgage tomorrow and if we get it we will want to get it through as soon as possible but I would like to know that the loan is legal before we give them the extra six months interest they require for early repayment! Please advise.

Ok! There is hope! I have just been reading another thread (this site is so addictive!). It was about an unsecured loan so I'm not sure if the same rules apply but I read how they cannot charge interest on the charges added to your loan which made me go and check my agreement again! Guess what! We borrowed 138k with charges it's 141K they have quoted the rate as 1.01% monthly but they worked out the payment s to £1517.20 per month. My calculations work out that they have been charging us for £150k (!!) What do I do now? Please advise.

I have had Stephensons read though my contract and they don't think that there is anything suspicious in it. I didn't get to speak to the expert but his assistant assured me if he was concerned about the gaps he would have said so!

Thanks midge61 - I think I read that thread (I've read so much my mind is in a whirl!) but I couldn't find any information of the outcome. Do you know how it turned out? Frettful - yes mine says exactly that. I think I'm going to go to land registry site to make sure they have put a charge on the property! (I know! I know! wishful thinking!) Then I'm going to go to CAB solicitor to ask them to check it out. The guy I spoke to today kept saying he thinks it's more than likely enforceable but there are parts that could be deemed unfair.

Just spoken to my household ins legal line. They can't help me because they don't cover for this kind of thing but he did seem to find it pretty strange that there were bits that should have been filled in and weren't. Frettful38 does your contract also have a space on page 1 under item k? It looks like there should be a title number there! (just under your address)

I'm learning all the time! My only concern is the remortgage I am waiting to go through. We are just at the stage of prooving income, the advisor then says it's approx 10 days until it goes through but having been trying to do this since September I'm not counting my chickens! I really want to send the CCa's but I don't want any bad things coming up on my credit rating until I know the mortgage is finalised in case I need to go elsewhere. Does this make sense? Should I wait?

Thanks! Muffintop I'm sure I will get my head around it soon! Bazaar When you say counterclaim do you mean claim back charges? They wanted £349 plus 10% of outstanding balance plus they then kept any charges they could get refunded!! I didn't worry too much about that because I have had very few late charges etc over the years but can they also claim back interest?

I'm not sure I feel more confident tonight but I at least know where to try next! Thanks for your support. Sleep well

Have you just not received them or have you had them but found they aren't enforceable?

One more question (then I promise to turn my PC off until tomorrow!) Thinking back to when I applied for my cards (many moons ago!) I remember filling in application forms (some of which asked me what I wanted my credit limit to be) and signing it. Does that count as the agreement (it had lots of small print) or should I have received something else? All I remember getting was the paper that my credit card arrived on.

Thanks for the support!

Thanks toto At least I am kind of on the right track!

I will be contacting them tomorrow. Having just read through my contract for the third time I am starting to understand it a little more. The date that had not been filled in is in the schedule which is classed as page 4 of 5 of the entire agreement. Also....! Am I right in saying (from something I have read this weekend!) that they must allow you 14 days to change your mind? If so is this before the money is released? Because my terms and conditions state 21. The borrower has no right of cancellation under the C C Act 1974, the timeshare Act 1992 or the financial Services (Distance Marketing) Regulations 2004. I might be confused with something else but...!

How many have you requested?

Thanks The beginning of a very long road sounds much better then the end of the road!!

Thanks so much I can scan contract quite easily (it's very small and faint but hopefully it would be readable!) I'll have a look at their site now!

Ok thanks! I will understand all this very soon! (I promise!)

Thanks frettful38 Your kind words are lovely I will look them up. Where are they based do you know?

Sorry What does subbed to you mean? I am new to this and have no idea!

I'm new to all this can someone please hold my hand (as it were!) I am trying to sort a very complicated financial situation. I am under extreme pressure and at this point want to do all I can to get my family in a secure position once more. My main problems are a 2nd charge with a sub prime lender (and a very bad reputation!) and some 20 credit cards between myself and my partner. Due to the current mortgage market we can not remortgage 2 properties which we converted last year into 4, therefore we cannot raise the money we require to clear the debts we have built up whilst doing these conversions. We have almost been successful in remortgaging our own home it should be going through within the next couple of weeks (fingers crossed!). This means the 2nd charge will be paid off and we will have a more reasonable (but large) personal mortgage on our home. Unfortunately that will not help with the credit cards. We have used all our savings, sold all our shares and anything else we could to have got this far but there is no money left in the pot after this month. The credit cards have all cut our limits and increased our rates over the last year. The average rate for these cards is 34% now and the minimum payments amount to about £4k each month!! I stumbled across this site this week when I was looking for information on a credit card killer company that was offering to buy my card debts from me. I have been told (in no uncertain terms) that this is not the way to go. I have learnt a lot since registering but I do not feel confident in what I'm doing yet! I think what I should be doing is sending all the credit card companies a CCA request. I know I need to do it quickly but I'm scared to do it until our new mortgage is through. Do the credit card companies inform each other once I request CCA's? Do they 'mark my card'? Once I request it and if they then supply it and it is enforceable do they then carry on being awkward? I need to know what the consequences for my actions are likely to be. Also, I have another post on here to do with the sub prime lender and the contract I have with them (a blank space where a date should be) but I would like some other information about that too. Their contract is very small print and I do not really understand what it says. We took it out through freedom finance. Some things I have read this weekend make me think they didn't do things quite as they should have. Should I have been given a key facts letter (like the normal menders give)? Should I have been told about a 14 day cooling off period? If I pay off the 2nd charge with the remortgage can I then make a claim against them if I go on to find they behaved incorrectly? Sorry for the long post but I would really appreciate anyone's advice.

Bank Fodder They aren't paying £349 for the debt! They are paying £1 and you are paying them £349 plus 10% of the outstanding balance!! I'll say no more about it but I do think there will be lots of people like me in desperate circumstances who will not believe what they are offering but want to know more!

Thanks Midge61 Does anyone have any idea what they are talking about in that paragraph? I am trying to establish if it is a vital part of the agreement! Thanks again!