I wish to take on Halifax about a credit card debt and a personal loan and need some helpful advice please... re: the credit card - It was taken out in early 03. I have nearly all my statements - I am still searching my old files for the first 8-9months. I can't find the Agreement at the moment but am sure it will crop up in the next few days. re; the loan - I originally took a loan in mid 02 but then needed a bigger one and they cancelled the first one and started a new one in mid 03. I have the orig docs for the 02 loan but am still searching for the 03 loan docs. I have repaid nearly 3/4 of the loan but am unable to find the £s to repay the remaining 1/4. Put simply, my circumstances changed a few years ago. By the end of last year I just could not afford the high monthly payments anymore to either the cc or the loan. I wrote and explained my situation to both the credit card & loan sections of Halifax. I had many letters including the standard threatening replies most people seem to get, then swiftly got passed on to dcas. credit card - to Blair Oliver Loan - to Albion, now Moorcroft. Then I was inundated with harassing phonecalls. I composed letters to the dca's offering small amounts monthly. They all agreed and I have spent a few months this year breathing again. But I know this is not going to last.... And now I just discovered this site.... And I am wondering if these debts are enforceable anyway. So can someone please tell me how I work out if my Credit Card Agreement (once found) is enforceable ? And if there is a chance it is not, then what I have to do ? Do I have to write asking for a true copy of the cca (as per the template on this site) ? And the same with my loan ? How do I work out if this is enforceable ? I'm really worried that they might try to get charging orders against my home now. Please help....

I wish to take on MBNA about my credit card debt and need some helpful advice please... I have all my statements from start point in May 05 and I think I have the Agreement too, but am unsure as the one sheet I have is the one that had the card attached to it and has a line half way down the page with the CCA 74 t&cs below the line. (I think I originally replied to a freebie through the door and they then just sent me the card.) Put simply, my circumstances changed a few years ago. At the end of last year I just could not afford the high monthly payments anymore. I had tried to keep everyone happy but ended up with huge arrears to the one bank that really mattered - the one with my mortgage . I wrote and explained my situation to the credit card/loan companies, had the standard replies most people seem to get, then got passed on to dcas. Then I got inundated with harassing phonecalls - which I either never answered or just calmly explained my situation and wouldnt give in to their harassment til they hung up !! I composed letters to each dca offering small amounts monthly. They all agreed and I have spent a few months this year breathing again. But having just discovered this site.... now I am wondering if my mbna debt is enforceable anyway. I have read and read and read these last few days and now my head is spinning..... So can someone please tell me how I work out if my Mbna Agreement is enforceable ? And if there is a chance it is not, then what I have to do ? Do I have to write asking for a true copy of the cca (as per the template on this site) ? Mbna has already passed on my account to Link Financial. I await to hear back from some of you geniuses ;-) Thanks.

pelham9 - I am in a similar situation with my gas. I had the road dug up, new pipes put in, and a new meter fitted, and rang and gave the supplier the key code on the meter....and then 9 years went by without a single bill. Not even a dear occupier letter. Then out the blue I received a bill, backdated to when the meter was fitted. It seems like the account got lost in the system somehow. The Billing Code is quite specific though - if the supplier has not attempted to read the meters (ie been a responsible supplier) then they can not back date bills further than 1 year back. They also have to prove your likely consumption in that 12m period. The Ombudsman will also advise that you can pay the eventual agreed arrears over 12m period. Prob best to get on to the Ombudsman straight away. Note that this Code is not for business consumers. Hope that helps.

About the Code The Code of Practice for Accurate Bills (the “Billing Code”) was launched in July 2006 along-side the Energy Ombudsman. Five of the main energy supply companies in the UK have signed up to the Billing Code, namely British Gas, npower, EDF Energy, E.ON Powergen and Scottish Power. The Billing Code provides consumers with additional protection over and above that required by the regulator Ofgem for accurate and informative billing. The Code includes a requirement for consumers to be protected from debt where the supplier is at fault for not billing energy supply. Where the supplier is at fault, consumers cannot be back-billed beyond 12 months from the date on any subsequent bill.

I yesterday posted my letter to the solicitors working for the dca working for Egg about the termination of my old account. From others experience, having sent out such a letter, is there a standard reply from the solicitors that I should expect ? And should I also now send a letter to Egg demanding back all the payments I have made since March 6th 08 ?

thank you Toymaker1. I ignore numbers I do not know . I have been caught out a couple of times (mostly by antagonistic mbna men who I am about to deal with too now) and always correspond by letter. But silly me, until I saw this site, just fell into their laps with my honesty giving them the whole picture of my income/expenditure, infact my life. Ooops. I will print and post this revised letter now. Hopefully that will be the end of it... Just one more thing:- I will refrain from the cca route just now - But why do think Egg might be able to produce an enforceable Agreement from Aug 03 ? I thought that a lot of the early agreements were unenforceable ? yours, x

dear Toymaker1, Thank you for your letter advice. I have spent hours collating all my old statements and letters and now have everything in order, apart from the original Credit Agreement between me and Egg in Aug 03. I have drafted the letter you suggested. However, I realise that I have never questioned Egg or formally told them that my account is in dispute. I just stopped paying anything other than a token amount to Egg, then the DCA. The letter that you suggested tells the solicitors that Egg know my account is in dispute. So do I need to send a letter to Egg informing them that my account is in dispute ? Or because Egg sent it to a DCA it automatically becomes in dispute ? Also - should I send the solicitors, in a separate envelope by recorded delivery, the standard letter asking for the true CCA ? as below: Your advice, or anyone elses, advice is very welcome so that I can get this ball moving This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. I look forward to hearing from you. thank you xx

If I send the SAR to Egg - what exactly am I hoping to achieve ? And to be able to prove ?

thanks, but should I send the SAR to Egg and the CCA to the most recent DCA ?

hello, new to this forum but have spent hours reading some of the threads and posts and now feel ready to participate ! I had an Egg account, since August 03. I was paying regularly, sometimes a bit late, but on the whole always paid. Egg terminated my account, like they did for 160,000 others. I can not find the termination letter though. Can someone tell me the apx date in 2008 that these letters were sent out ? Unaware of the implications of Egg unlawfully terminating the agreement, which I have read about here, I carried on paying my monthly minimum or sometimes more. Until the end of 08 when I took a long hard look at my financial circumstances and decided that my mortgage was my priority debt and I could only afford tiny amounts/month to each credit card company I had accounts (debts) with. I had various letter correspondence with Egg from November to Jan 09. Then I got a Default Notice sent on 21 Jan. On the 22 Jan Egg wrote complaining I had not responded to the Default Notice - hardly surprising given it was only the next day ! On the 23 Feb, Egg sent me a "Your Egg Card Account has been terminated" - due to my failure to satisfactorily comply with the Default Notice. (Despite they had already terminated it apx 1 year ago). They said a dca would deal with me now. I got passed on to DLC and have since been making token monthly payments to DLC. They have now passed me on to Aplins. I guess I should have stopped paying when they first terminated my account at the start of 08. So now, what do I send Egg, DLC and Aplins ? Do I ask for a copy of the original Termination letter from them ? As well as the original credit agreement ? Do I send all 3 a letter saying I believe they have acted unlawfully ? Or just Egg, as I never gave them permission to pass on my details to the 3rd parties once they terminated the Agreement ? There is actually apx £4700+ owed to Egg. Advice is welcome