Its tought dotty and the fact my credit rating is destroyed makes it a bit tougher but thank god i didn't go down the route of an IVA as id'd have been properly stuffed by now. I've had no pay rise for 2 years,wont get another one for at least 2 more and i'm trying to cope with utility prices going up by 20%,food by at least 10% and fuel by as much again....................i really dont know how people with mortages and rent to apy are getting by................and if that interest rate goes up ,which it surely will then the whole lot will collapse.Capitalism left unchecked and adminsitered by the greed at all costs mentality of business will bring this economy down,its just a matter of time.

Well you've avoided paying them for a few years ,a few more years and it will be statute barred anyway. I feel your pain having been in the same predicament with my mbna cards but if they want to hike an interest rate from 9% to 34% in search of more profit without responsibility then i'm happy not to pay them anything,with or without a cca.

good news,keep up teh good work people,i'm waiting for my hfc one to be re-assigned after restons showed no interest in pursuing it

had a few of these offers a while back...............to be fair where once upon a time i was fighting fires on about 7 different fronts and responding to letters every other day i now find that just putting forward my case with a cant afford to pay so wont pay attitude seems to be working a treat.I have some cca's that are invalid,some that quite possibly may sneak past a misguided judge and a proficient lawyer but when i pointed out that they'd be better off bankrupting me as even if they do win i'm in no position to pay they just backed off. Restons were the most difficult but when they decided it wasnt worth pursuing i knew i was really onto something.But i'm not bluffing,i really dont have anything to give them.

Think i'll count mine up dotty.they foloow a similar pattern to yours,threat,counter threat,offer,threat proper good cop/bad cop stuff

Ecellent,not only did they say it was unenforceable ,they also gave you lots of ammunition as to why ! may use extracts of it myself in my ongoing war on dca's well done

hi, sorry been off sick,truyst your daughter is better ,good news for you,need help with next step just let us know.

yes,good luck mate,let us know how it goes

I’ve had to do similar as I have 8 different accounts to try and service,most of them are defective in some way or another but maybe one or two of them aren’t and could well be enforced,who knows ? What I do know is that I can’t afford to pay all of them so I don’t propose to pay any of them . They each have to make a judgment on whether or not its worth taking me to court as I’m not a house owner and have no assets but I do have a young family to support. I would think it isn’t in their interests to spend the money without a chance of getting anything back.

If they’re aware you have assets ,by which I’m taking its an interest in a property I think they’ll most likely pursue a course of action that will inevitably include court action. The fact that they’re talking about “deals” makes me think they aren’t as sure of their grounds though, think you need to weasel out more information from them ,perhaps this can be achieved by entering into negotiation. Tricky but my gut feeling here is they’re trying it on again.

Not all judges will be conversant with this type of law but it does make you feel whether its worth saying I accept the s77/78 submission by the claimant which concerns itself with disclosure of information only. Now lets move onto s61 which concerns itself with the fact that credit agreements must have been properly executed with all terms and conditions otherwise they cannot be enforced by Consumer Credit Law.

Very good mate,well presented and argued to the point where i cant see a judge having to interpret at all. Its down in Black and white,if anything i'd say there's enough evidence presented in the form of different cca's to suggest that at best Restons are misleading you and at worst being duplicitous in their dealings. I can't see how the Judge can come to any other conclusion but to dismiss the application but as has pointed out on other threads you must keep banging away at favourable case law and the distinction between carey (disclosure only) and s61's properly executed credit agreement.There was a recent thread raised by lb145 who lost in court with a blatantly non enforceable cca because they knew as little about carey as the judge did and the oppositions solicitor took advantage and opened them up like a tin of beans. Remember you are the defendent and they must be put to strict proof to provide an enforceable cca with all its terms intact,this is a legal dispute,there's no moral or ethical side to it.Lenders have none of the latter anyway,keep dragging them back to established legal practice.Have you seen the thread with what to say if the judge asks if you borrowed the money ? For my own part i will probably make a thread but just waiting to see what restons and hfc come back with,i need more than a blank application form before i can ascertain if i'm responsible for their greed and recklessness.

hi, Just been reading your thread,you mentioned you were thinking of jacking it in but would that be on cost grounds or just because you feel you wont win ? For what its worth i feel you have a strong reasoned case,the judge would seem to agree having granted an extension. Out of interest do you think Restons are pursuing this because you are a home owner and they're looking for a charging order ? May explain their tenacity. I'm in a similar position to you in that i've just received a letter from restons asking me to settle on an hfc account but i've only ever been given a blank application form and genric terms ,ms minchin of hfc only ever sends her letter out "without prejudice" ! I've tried to get her to confirm if the blank application form is a true copy of the original cca but it just gets ignored ! Think i may have to raise a thread for advice on this one. I wish you all the best on this one and if i can be any help i will.

Absolutely ,that'd the Halifax you,re talking about isn't it ! The worst IMO of a very very bad bunch. Received s thick envelope yesterday amending my terms and conditions again ! Should imagine they,re probably trying to instigate another set of charges

Thanks for the advice people ,I,m getting Overwhelmed by this talk of Carey ! Can anybody point me in the direction of The Waksman 59 page ruling And where it states that s78 doesn't remove the obligationof the creditor to provide a compliant s61 cca should they want to prove enforceability . Sure I read it but I,ve got word blindness now !!!

Hi, can somebody please point me in the direction of pt,s letter please or a similar one requesting proof of a properly exectuted credit agreement. I've seen one posted up before but having trouble finding it and i'm getting bogged down by dca's who are fobbing me off with the carey implications. cheers

Any updates jcv ? Glad to see you've been getting very helpful advice,i've only just returned from hospital and its taking a while getting myself upto speed especially as i've about 30 dca letters to wade through !

I suppose you could offer to make payments without prejudice and until such time as your concerns regarding the improperly executed cca have been resoived ? It could be worth stressing that a major reason for doing so is the undue pressure on your health but as dotty points out you will stop the clock with regard to trying to reach statute barred salvation.

You need to resist folding under pressure from experto as the common consensus is that if they have your account its probably defective in some way shape or form. My mbna accounts went to them after mbna racked up a further 9 months of charges but it did go with a defective default notice as well which was helpful. I've only had limited contact from experto after i told them the cca was improperly executed,the default notice was defective and if they wanted to take me to court they should consider bankruptcy as an option as i'm not worth anything as it is,not being a homeowner etc.

Do you have a link to your thread ? The carey implications are very profound in that they are being used by lenders and solicitors to tie up and confuse judges who don't have any knowledge in this area. You need to start a thread .

Moorcroft are terrible,they have their own agenda,in my opinion its a complete waste of your time to even continue a dialogue with them provided of course you have a decent enough defence.

Do you have a link to your own thread ? If you are dreading it the best advice i can give is to employ a solicitor,provided of course that you have a leg to stand on

Fluffystuff I,ve jet received a blank app form from hfc,s ursula minchin,I take it she dealt with you as well ? Wrote back quoting oft,s advice re what's deemed acceptable as regards a reconstituted copy so will read her reply with interest . By the way can I ask if you are a homeowner as I,m very surprised Reston are pursuing this. I don't own anything so if they want to take me to court then they,ll need to deem it worthwhile ,perhaps they could bankrupt me ! Would be sweet relief tbh. You,re getting good help here and I,ll pitch in where I can,good luck.

Frank, You've got a good case going here ,i'm really impressed with the work you and others have done. On the subject of default notices i believe its important if you have kept the envelope it arrived in as invariably mbna messed up with the amount of time they granted to correct the default. Think its 14 days but as they send out their letters second class it invariably never gave the debtor time to rectify the default. Vinnt has looked into this very closely maybe it will be worth post messaging him ? He's very helpful

i'm sure somebody will post it up for you,if you cant find it,hit the red triangle and perhaps a mod will help you. Do you have a link for your thread ? And if i were you i'd read this one http://www.consumeractiongroup.co.uk/forum/showthread.php?242602-County-Court-Claim-received-MBNA-Restons&highlight= as lb145 lost her case after getting in a muddle with carey and the implications of mbna's so called compliance with s77/78 .You need to distance the s77/78 request from the importance of having a true copy of the original properly executed credit agreement. Take a good luck at the oft advice which is contained a few pages back as well. If anybody else can post you some links to recent cases i'm sure that will help you as well,good luck.