My Egg card minimum payment varies in percentage of the balance from one month to the next. One month around 2.5%, the next around 3%. I challenged them on this (because they're annoying me!) and I got this little gem: I think I read somewhere that the parties to a contract are entitled to an amount of certainty, i.e. 2% of the total, not 1% plus whatever interest they feel like charging that month. Can anyone shed any light on this? Any opinions or advice? I am thinking of disputing the account, cancelling the direct debit, and having the usual arguments with them. None of my other creditors are getting anywhere near the full contract amount (BC and Amex get 0) I haven't actually done anything at al yetl, except moan at them a bit:roll:

Newman & Co. They were the first and the worst.

Just got a notice of intended litigation from Moorcroft. Will be working 'til the weekend but will try to scan it then. Not sure whether to send them a "get lost" letter or a CPR request for the alleged contract. Will point out my acceptance of their unlawful recission as well. Oh well, here we go again.

Since they don't seem to be able to at the moment, I should be able to get them to put that on hold (hopefully forever!). If that works I might be able to pay the others.

If they sue me can I still insist that they produce the original? They say they don't have it, even though it was signed and returned by fax. I did apply on the internet, but had to print, sign and return that contract to get the money. Am I right to say it's a paper contract because they wouldn't part with the money until they received the signed document? Or would their "internet application" story win?

Hi rapterman, you normally need at least £200 surplus for an IVA. If you fail to make a payment you can be made bankrupt anyway. If you get a pay rise or lump sum they can take it. IVAs are not usually favoured unless you have assets to protect or a job you can't do if you're bankrupt e.g. politician, insolvency practioner etc.

brilliant, thanks again DD.

Hi, I'm likely to be sued on a debt around £4000 quite soon, and am likely to lose. It's a loan from 2008. It's quite likely I will end up with a CCJ. I am looking at the possibility of going bankrupt on a total debt somewhere over £38000. Is the potential CCJ a problem? Does it make any difference at all? I only started thinking about bankruptcy in the last couple of days. Both credit cards have backed off (£10k and £5k) but the rest is a problem. A £10k loan may be unenforceable, but that still leaves over £13k. Brief history my wife hasn't been able to get work for over a year. Damage to budget £600pm. I don't get overtime any more. Damage £500. So overall we are £1100 a month worse off. Normal bills leave me with a surplus of £100 a month. Of course when the receiver is done, it will be more than that as I'll probably lose the car etc. Any advice on the CCJ issue, or any other would be appreciated. I'm also worried about my company pension; it would probably be better to spend the rest of my working life paying CCJs than lose my pension.

The restons letters above are horrifying to read. They can't possibly serve a default notice on an account that's already been terminated, can they? At first sight I'd call that fraud. Am I missing something?

Better still, is there a standard form letter similar to the one above, that would allow me to get disclosure before proceedings start? I like the above letter, but I will be using the ordinary legal procedures that anyone else would (!) and with things like 'name of legal fiction' it seems it's not quite what I want, but very close. The point of me requesting disclosure before they initiate proceedings is to find out whether or not I have a good case, and so avoid unnecessary litigation.

That's my point BB, I am only willing to pay the OC, not some dirtbag DCA. Problem is I'm very close to being sued by a DCA and the last thing I want to do is fund something as disgusting as the debt collection industry. Not that I'd defend the banking industry of course:roll: diddydicky, I don't deny that the DCA is working for the bank, but I don't want deal with (or worse - pay) the DCA.

Looking at contract law, if the contract says "cash loan" like this one does on page 2 of the PDF: http://www.consumeractiongroup.co.uk/forum/legal-issues/250385-barclays-agreement-enforceable.html which implies the lending of real money that actually existed (including pre-existing money of account i.e. not necessarily bank notes, just money in the bank) could this be an actionable misrepresentation if: 1. The money didn't exist before the date of the loan application. 2. The money was somehow created by the bank as a result of the loan agreement. 3. The misrepresentation induced me to enter the agreement on terms I would never have agreed to if I had known about this. (This one is definite!) I note that "mere silence" is not accepted as misrepresentation, but it does say "cash loan" on the agreement. Although if it's not enforceable that could save all the trouble as I could make an affordable arrangement for the others.

Thanks again DD, I was a bit concerned about the "powerless DCA" idea. Can I use a pre-action CPR request to oblige them to disclose all the necessary info? Agreement, default notice etc... I'm thinking in terms of a pre-action letter similar to the one OMOH posted above, but without any "freeman" bits added. Also, is there any reason not to serve such a notice to the OC as well or instead?

Thanks DD. Can you successfully argue privity of contract with them? I know privity is overruled if there is a term in the contract that states that a DCA can be involved, but I'm thinking in terms of making them prove their right to be involved by showing the contract. i.e. saying "show me the contract that gives you authority to deal with this - or get lost" I've tried this twice but got no replies, just more form letters.

Have they really bought it? If so, they will have a "deed of assignment." If they have this and it has been done properly, then they do own the debt and they can sue you on it. The "It's been paid" argument won't stand in court. Personally I would suggest you start a new thread and post up some details. If you scan the CCA and deed of assignment etc, as well as any default notices you might find you can win quite easily if they've made mistakes. People on CAG are very helpful and they know a hell of a lot. If you want a new idea to gain respect on here, you will have to back it up with sound legal reasoning. P.S. I would recommend a basic contract law book such as nutshells.