Got result back, 'enforceable by court order' but not 'unenforceable' (i.e. not proscribed terms). Sorry to disappoint folks.

Thanks useful post and information. I have the original T&Cs as at Nov. 2001. I will pm you. The Variation clause is 13 in the current T&Cs you can obtain online at Legal Info.(Bottom of Home Page)

JayZ you can get a copy of the current T&Cs online at Cahoot; go to home page and scroll down to the very bottom, along the bottom you will see legal info (thats T&Cs) click on it to get the T&Cs. I suspect they are updated to ensure compliance with CCA 1974 by now. I have a much earlier version.

Typical FO ignoring the fact that we are trapped and cannot pay up, just as Cahoot know only too well. FO should consider it an Unfair Contract, but they are in the hands of the Financial Institutions, their paymasters and no doubt hosts at many big events. Whole damn system waited against the powerless consumer. Take Financial Agreements we are meant to read and UNDERSTAND all that garbage and can even now be mislead on APR and Interest Rates, yet Agreement is enforceable by a court (post 1 Jan 2007). It is a disgrace and exploitation of consumers.

Ok, got my report today. One prescribed breach (Unenforceable) and two breaches (enforceable only by order of a court). The prescribed breach, APR/Interest, a breach of a prescribed term (as defined in Schedule 6 of the Consumer Credit (Agreement) Regulations 1983 as amended)for the purposes of sections 61(1)(a) and 127(3) of the Consumer Credit Act 1974. I may have to go to court on this one as it is not clear cut (Claims Company must have forgot to mention that when selling me the report?). I know from reading that a lot of these so called Unenforceable Agreements just result in a part settlement, now I understand why. The other two breaches relate to 'The agreement does not provide the total charge for credit' and 'The Terms and Conditions do not state that the calculation of APR does not take into account possible variations in the rate of interest.' I also now know that their is one company out there who do not charge, as Claims Companies apparently get paid a decent fee for referring cases to Solicitors to pursue. The Solicitors get their money fom the company being pursued (your loan company). So no need to pay big fees. Now N.I. is a bit problematic as we do not to my knowledge have CCA 1974 experienced ligitagators, or I can't find them.

HELP Just been told today that (and hopefully my wifes later) Cahoot Credit Card is Unenforceable and they will take it on. So why HELP, the Caims Companies cannot deal with people in Northern Ireland, just England &Wales. Phoned leading Solicitor and advised they do not deal with Unenforceable Credit Cards or Store Cards (same claims company advise my M&S Chargecard Agreement is Unenforceable), they are one of the foremost Solicitors in England that deal with Unenfoceable Agreements. Help, what do I do now, back against the wall, 2 unenforceable agreements and nowhere to turn to for help, help.

HELP Just been told today that (and hopefully my wifes later) Cahoot Credit Card is Unenforceable and they will take it on. So why HELP, the Caims Companies cannot deal with people in Northern Ireland, just England &Wales. Phoned leading Solicitor and advised they do not deal with Unenforceable Credit Cards or Store Cards (same claims company advise my M&S Chargecard Agreement is Unenforceable), they are one of the foremost Solicitors in England that deal with Unenfoceable Agreements. Help, what do I do now, back against the wall, 2 unenforceable agreements and nowhere to turn to for help, help.

Seriouslyfedup I have sent you a pm read it urgently, please.

I am no expert mate, but I too have a chargecard from M&S, I got it checked out and I was advised yesterday that it had a major breach and two infringements. I am waiting for the report, but pending this I believe this will make it unenforceable. The issue was around Interest/APR for cash advances (apparently you can get £50 emergency cash advances with this card: was news to me). You need to take advice mate, CCCS or CAB, chances are they are bluffing but you need to be brave to rely on that, and you need to be able to defend their action in court. This link might help; maybe even pm the guy. http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html Sorry I cannot help more, hopefully some one who knows more will help you.

Just got news today from a claims management company that there may be one major breach and two infringements of legislation; agreement unenforceable in my opinion if that is the case, awaiting details. That said a consumer solicitor I contacted today said M&SC Agreements are normally watertight so he would be surprised; time will tell.

The original agreements I have were indeed two sided A4. I think the key is one page must be linked to the other; e.g. see T&Cs other side. A cancellation clause I believe only appies if there were antecedent negotiations, e.g. someone spoke to you in the shop about the agreement and then you yook it home to complete. I am no expert just read most of this stuff on here, this site is really appallingly badly set out for CCA 1974 Agreement issues. I am no internet novice but it confuses me, and I can hardly find anyone who who reports a CCA Agreement success. I suspect most people with a dodgy agreement as soon as they know or suspect this head off to a no win no fee Solictor specialising in this area. You can also get agreements checked for free, I am no dunce but I still reckon checking your own is a dangerous route to go down. Here is a link to a very useful and greatly informative thread to help people get their proper Agreement and to avoid the pitfalls that are all over this site (dodgy advice), and it is on this site: http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

Wow, what a consumer friendly service from the FO, they will make a ruling on an agreement while simplyoverlooking and ignoring the fact that it is UNENFORCEABLE. FO hang your head in shame. This is why financial institutions have brought this country down and put people like us into serious debt; a total lack of real regulation, just a sham for show. It is time consumers had proper rights to protect them from negligent, greedy organisations exploiting us.

You need to join benefitsandwork, a small fee, but a vast array of information to help you. You need then to take the time and read it. google benefits and work

I hope it helps Hopkinson, we now have to turn incredible interesting information into some legal clout, that is the hard bit I guess. I will let you know if the report I get says: Enforceable (Off to FO for last chance saloon then) Enforceable only by court order (Negotiating position to confront Cahoot) Unenforceable (Lets just hope for this result)

Keith Better half Nov 2001 Mine Nov 2002 Again we have the original copy of the Nov. 2001 T&Cs