Can someone advise if this MBNA Agreement (below on Photobucket link) is enforceable ? It was taken out in May 2005. One page document, front and back details. I have had loads of letters from LINK Financial, agreed to pay them a nominal amount against mbna debt, but stopped paying them in July. Am worried now that I will get a Claim form through soon for repayment of the whole debt. Want to pre-empt that by either sending request pursuant to S.78 of CCA 74 or a CPR 31.16 request. Please help. http://i841.photobucket.com/albums/z...um/mbnacca.jpg http://i841.photobucket.com/albums/z...cabackpage.jpg Thanks in advance.

Can someone advise if this MBNA Agreement (below on Photobucket link) is enforceable ? It was taken out in May 2005. One page document, front and back details. I have had loads of letters from LINK Financial, agreed to pay them a nominal amount against mbna debt, but stopped paying them in July. Am worried now that I will get a Claim form through soon for repayment of the whole debt. Want to pre-empt that by either sending request pursuant to S.78 of CCA 74 or a CPR 31.16 request. Please help. http://i841.photobucket.com/albums/zz340/hpmum/mbnacca.jpg http://i841.photobucket.com/albums/zz340/hpmum/mbnaccabackpage.jpg Thanks in advance.

Thanks for the support. I have made a few tweeks and am about to go to PO to special or register post them. Will go on-line today to acknowledge service too. Just to be clear on this though: First I acknowledge their service; Then still on-line in the Defence section I advise I have sent Claimant request for 2 CPR docs (18 & 31.14) and that I have to (need to) wait the given 14 days before I can begin to file my defence. Is this correct ? If after 14 days I have received nothing from the Claimant, then what do I do ? Am I able to write to the Court asking to have it thrown out as they have not given me any information to defend myself ? Now, if they do provide all the relevent info of the CPR 18 & 31.14 requests - what is my next plan of action ? Just so I am prepared !! Thank you in advance...

my thoughts too

Ok. I get it. I guess then that I should maybe put in a date range, "as set out in my letters to Egg from Oct 08-Nov 09 inclusive, for example. Rather than adding "as set out in my 2 last letters sent to Arc in Sept and Nov. Am about to draft and print, ready to go to PO tomorrow...

Perfect advice. I will draft your letter then and post tomorrow. Thank you once again.

Dicky - I'm slow today - Do you mean there is a story in the news today about some sort of group action from 1 Jan ?

"My reasons for disputing the debt, as both you and your client are fully aware, are set out in my letters xxxxxxx inclusive" I have just been writing the templates about where is their legal entitlement to terminate my Agreement. I know I'm sounding stupid (am v tired) - but is this the reason why they should be aware I am disputing the debt ?

thank you... PS - I have never sent a cca request to Egg. Do you think I should do this now ?

what do you mean ?

An update on ARC. I posted my letter, as above, to Arc on Thurs 12th Nov. This morning, 16th, I received another letter, dated 13th, from solicitors, Trevor Munn, instructed by Arc. They write: "On the instructions of our client, ARC, documentation will now be prepared for the issue of a claim against you in the xxxx court, for recovery of the above debt. We have been instructed to prepare a CCC in 10 days from the date of this letter (13th) unless we receive either payment in full or a substantial payment and a firm commitment to clear the remaining balance. If it is necessary to take this step you may be liable for court costs of £165. If the Claim is issued and the debt remains unpaid, Egg will then seek to obtain judgement against you, which will then be registered as a CCJ. This information will also be registered with the CRAs and it will remain registered for 6yrs, even if the judgment amount is paid. This may seriously affect your ability to obtain credit in the future. To avoid this action, send a payment TODAY, made payable to ARC and quoting ref xx. Alternatively call ARC ....... Obviously our letters have crossed in the post. But should I now send the same letter that I sent ARC on the 12th to Trevor Munn, the solicitors ???? Or is there a different letter that should be sent ? It appears that Blackandtan is only a short step behind me in communication from Arc, so I guess anyone's advice would be useful for them too !!

Thank you all, so far. I will digest everything and try to compose draft letter in the morning. And will post here for absolute clarification before posting / filing on-line.

I can not see any solicitors name on the Claim Form. There is a password on the front page. They have not provided the default notice with the claim. Nor the original agreement. What is a CPR 31 ?

"The Claimant's claim is for £x presently due pursuant to a credit agreement entered into by the parties, full particulars of which have been supplied hitherto. By an agreement dated xx/01/02 the Defendant has an account number xxxxxxxxxxx with the claimant. The Defendant has failed or delayed to adhere to the terms of the Default Notice issued by the Claimant under the terms of the CCA 1974. The balance due as at 0// on said account is £x "

Thank you. This seems to have really helped

The form they have sent is a N1CPC form. It does allow me to respond online. But I do not know how to respond. ie: can I now start my action against them in my response to see if this card debt is enforceable anyway ??

Halifax have made a claim against me, dated 6 Nov. I opened a credit card account with them many years ago. I have found statements dating back to Jan 2004; Halifax say the account was opened in Jan 2002. I have not used the card since June 2005, just been paying interest and charges ever since. Never really making headway to clear the balance due to their high interest and charges I received several £25 charges for late payment or going over the limit until Sept 06, when they reduced any charges to £12. At end 07 finances became very tight and I was unable to continue making regular high payments. In Jan 08 I was £350 below my credit limit (which H had constantly increased over the years without referral to me). By Oct 08 H added charges and interest of £1500, pushing me obviously well over my limit. In Oct 08 I wrote a detailed letter to Halifax (BOS) explaining my circumstances, giving a financial statement and offering a token amount monthly. I disputed the balance. I continued making token payments monthly until Aug 09, when again I stopped. I have paid nothing since. BOS and H sent threatening letters. I meant to deal with them; send them template letters from here asking for the original copy of the CCA to see if they could enforce this debt anyway but was so busy in the last 3 months that I kept putting it off. Now H has sent legal papers and I obviously have to deal with it. Obviously I have to acknowledge the claim. But the question is: Can I now reply in these docs that I am requesting all the necessary info from H to see if they can enforce this debt ? Is this a SAR ? I am a little at sea over this and do not want charging orders or a Judgment against me for this. Please help. Thank you.

Does anyone here have any good advice on Halifax credit cards ? I need to respond to a legal Claim form in the next few days, whilst at the same time asking for original CCA to try and see if it is enforceable anyway. I have posted my own thread (in Halifax section) but no-one seems to be picking up on it ?

HI, Am hoping that someone is going to pick up on my thread and advise... Now Halifax has sent out the legal Claim papers to me, I just need to know if I can now start asking for copies of CCA ???? Or have I left it too late ? I think Jan 02 card was issued to me. From what I have read, I understand that most Agreements around this date are unenforceable. Anyone any good advice. I need to fight this.

HELP ! I have just received a Claim Form from Halifax, dated 6/11 and I need to reply to it. I have had my head in the sand a bit this year and whilst I have been meaning to ask advice on this site about if my Halifax CCA is enforceable and can fight the debt (to a degree), somehow the days turned into weeks and then months and I did nothing. Now I am forced to do it. And I would really, really appreciate some help in: a) how to complete my reply to the Claim Form b) how to question if my CCA is unenforceable Basically I need some help. Do I file an admission, admission and defence or just a defence ? I have had no correspondence with them (BOS) since the start of the year when I said my circumstances had changed and I said I could only afford small amount/month, which I did til July. I stopped even paying this amount in August. As they have now sent a claim form, can I still ask them to prove this card debt is enforceable. They have said the start date of my CCA is Jan 2002, I need to check this as I have only found papers going back to 2004. PLEASE HELP. Am feeling very over-whelmed by this now.

thank you Toymaker Will draft, print and post tomorrow...

Thank you for your letter dated xxxx I am very concerned that ARC has chosen not to provide a response to the points raised by me in my letter dated xxxx. I will be in a position to respond to the points raised by you in your letter after ARC provides me with a response to the points raised by me in my letter to ARC. As you will be aware, in my letter dated xxxx I requested ARC, as Egg's appointed agent, to indicate to me the relevant section of the Consumer Credit Act 1974 which provides Egg with legal entitlement to terminate my Egg Agreement with effect from 6th March 2008. I also requested, in my letter dated xxxx, if you would indicate to me the relevant section of the Consumer Credit Act 1974 which provides Egg with legal entitlement to have a term in the Egg Card Agreement, specifically term 20.2, which states that Egg can end my agreement at any time. In the event that the dispute between Egg and myself is put before a court for adjudication, I will draw the court's attention to ARC’s refusal to provide a response to my request for information as outlined above, and as included in my letter to ARC dated xxxx. I consider that my request for that information is clearly understandable and is directly related to Egg's decision to terminate its contractual agreement with me with effect from 6th March 2008. I will also draw the court's attention to ARC’s continued debt collection activity despite the continuing and unresolved dispute between Egg and myself regarding my Egg credit card agreement. As you will be aware, this is in breach of the Office Of Fair Trading Guidelines on Debt Collecting. I look forward to your response as a matter of urgency, in order that I can provide a response to the points raised by you in your letter. Yours faithfully How does that sound ? Does that seem like a good letter to post off to Arc ? Anything else I should add ? Should I also now write to Egg asking them the same questions (from Toymakers template) ? Any advice is gratefully received. Thanks

I received another letter last week from ARC, dated 29 Oct. "Please note that Arc is a debt collection "agent", acting in good faith on the instructions received from a "disclosed" principal, namely Egg. We are therefore authorised to write to you in connection with the above matter and to instruct solicitors in contemplation of court proceedings where we consider it appropriate to do so. We are instructed that the above balance is still outstanding and must be paid. We have been advised by our client that you are to direct your dispute to our client at... Customer Services, Egg....... Unfortunately we can not hold your account indefinitely without an offer of payment. Therefore can you please provide us with a full financial statement clearly showing your financial situation with your incomings, outgoings, and list of creditors, with your offer of payment. Your payment should be sent directly to this office. If we do not receive your offer payment and financial statement within 14 days (guess 12th Nov) this account will be passed back to our solicitors for further action." So what type of letter should I now direct back to Egg and to ARC ?? I have not written to Egg yet. I have only been dealing with the dcas. I guess I need to deal with this and post it today/tomorrow. Would be great to have some feedback on this. Thanks,

morning. I just received another dca letter. Further to the Toymaker template letter, Dlc passed my account back to Egg. Egg then obviously passed it on to a heavier handed threatening kind of dca, Arc. I sent the same template to them. Today I got a letter from them advising that "my account (which I had never had with them !!) is on hold as we have passed your comments to our client (egg) and are awaiting their instructions. We will be in contact in due course with their reply!" I am now waiting to see what kind of letter comes from Egg. Should be interesting.

@ Toymaker - I am impressed with your knowledge of how to handle Egg. I am following your lead, for sure. Am almost expecting the same letter to land on my doorstep soon from Egg and will refer back to this template then. I am intrigued though that you are now dealing with another dca, as I had thought, from reading your earlier comments, that Egg and their dcas had left you alone for the last 10 months. If so, can I and others too, expect months of silence only for egg to start battle again ??