Thanks, it will be good to give them something back to think about for once

Hi Thanks for that. Ive got the letter. Im going to send it as it is. I wont put anything in about PPI, because that will confuse matters I think Fingers crossed! Thank you for your letter of xxxxxxxxxxxxxxxx to my request under the Consumer Credit Act section 78. In your response you confirm this as a true copy of the original agreement executed by yourselves on the xxxxxxxxxxxxxxxxx As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3). I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt. After this period you should close the file and cease processing personal data relating to me on this matter. Yours sincerely

Finally, I have drafted this letter to send off. Let me know your thoughts I wrote to you on xxxxxxregarding the above accounts and received a response from you dated xxxxx which therefore means that these accounts remain the subjetc of a lawful serious error My request for a copy of my properly executed Consumer Credit Agreeement remains outstanding. You have failed to comply with my request ; instead you habve supplied illegible copies of application forms fir Account Number xxxxxxxxxxxxxxxxxx and xxxxxxxxxxxxxxx The act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above accounts. U may ask for this on demand provided that a fee of £1 is paid, This fee was sent with my original letter date xxxxxxx. The reasons why I require copies of the agreement are: 1.) I need to be satisfied that the agreement is signed by me and the Company 2.) That all the presecribed terms are contained within the agreement itself Because you have failed to reply to my request you are not entitled to take any steps in whcih to collect or chase any monies owing ot prejidice me in any of the following ways a) Your are not legally entitled to demand any payment on the accounts nor am I obliged to offer any payment to you b) You are not entitled to add further interest or any charges to the accounts c) You are not entitled to pass accounts to a third party d) You are not entitiles to register anyt information in respect of the account with any credit reference agency e) You are not entitled to issue an default notices If ytou take enforcement action against me you will be in breach of s77 Consumer Credit Act 1974 and I may seek injunctive relief and damages Furthermore I note there is Personal Protection Insurance in place. Please confirm from your inspection of the documents you hold, and supply the following: a) Full name of the insurance company b0 Full address c) Copy of the policy and if separate a copy of the certificate giving the policy number d) The actual premium e) The date of payment of such premium was made f) Confirmation of IPT paid to you and or the insurers g) Copy of your ledger showing districbution of monies h) Demands and needs fact find statement for the PPI i) Correspondance form you with me regarding the PPI j) A copy of the proposal form that was forwarded to your insurer k) Telephone call recordings or transcripts of telephone calls between me and representatives of your company when the PPI was discussed l) details of commission paid/received m) Alternative quotes with and without payment protection insurance n) Any underwriting sheets you may have in relation to PPI I await your response Any thoughts?

Thanks for that. Ive done my homework:), and hopefully answered your questions one account signed on /before 2006? These are two Accounts. Personal Reserve was signed in 1998. BudgetCard was signed in 1993 are there prescribed terms in the T&Cs they have sent? Or is to such a poor copy that even looking at what they sent, its still not legible (which on its own would make the account unenforceable) They have sent me T&C's for the Personal Reserve, and the copy is illegble. I can just about make out a note on Interest Rate which says the rate before September 1996 is 14.9% up to £3000 and 13.)% after this. However I signed the Application form in January 1998. They appear to have sent me an illegible T&C for something that predates my application by 16 months! On the BudgetCard theyve sent me T&C's which says on section 2b "The rate of interest which the Company may vary from time to time is currently 1.8%" Neither of these T&Cs have my signatures on them, and I dont see how they could have been a part of the original application process could the T&Cs have been connected to the other form at any time and in any way that you can think of/ remember No the T&C's are a different size to the application forms. I will try and post copies of the T&C's again

Hi there, Thanks for that, My thoughts were that the agreements I posted wasnt defective. However I think that the other two they sent me are defective. No prescribed terms, interest rate etc etc. Could you give me your opion on these two and let me know whether you think Im correct in thinking these are defective. Here are copies of the other ones- they didnt send me copies of the agreement, just copies of the application form With regard to the PPI, my approach on this is straight forward. They didnt ask what my circumstances were, they didnt check the suitability of the product. Ive written to them requesting a refind of the, and Im confident they will refund it back Here are the other two applications (not agreements) they sent me: Personal Reserve Account Budget Card

Hi can anyone help with this at all??????

Good luck, it looks like a really good letter. Let us know how you get on:-)

Thank You. Can anyone help on this at all?

Hi I need some help I got into some financial difficulty a long time ago, and Ive been trying to pay off my debts since then. I have a number of debts that have gone to dca's and Ive been paying them and increasing payments when they asked. Some of them I can handle, but some of them are way too agrressive, so I decided to try and do something. I have cca'd ( think thats the right term) 3 of them and I have received back the following I have also received back 2 application forms ( Not the agreements) with standard terms and conditions. One of them has PPI Insurance I requested the information on 2 December 2009, and only received this today. I wrote back after the 12+2 days and said that they were in breach and stopped my payment for December. I have 3 questions 1.) Are these agreements enforceable? They have provided me with application forms for the other 2 accounts 2.) I have PPI insurance on one of them, can I claim this back 3.) Whats my next step? Thank you for your help

Hi thanks for that. No they didnt move me onto a more card. Ive received copies of my application forms today, along with photocopies of the terms of use ,and a brief statement of transactions( which I didnt ask for)- all of this was requested back on 2nd of december. The copy theyve sent me is quite poor, and Im sure that the agreements theyve sent me are unenforceable. Ive been paying a dca on these for ages, and Im just looking where I can go next with this. Any help would be appreciated

Hi, Ive just moved this thread to this forum, because I think it makes more sense here than in the General Consumer Section I would be really grateful for any help you can give me Ive CCA'd Rockwell for 3 Marks and Spencer Accounts that go back to 1993. I CCA'd them on 2 December 2009, and had 2 repsonses today, so they are outside of the 12 day period. Im still waiting for the third Ive also had a letter from Marks and Spencer direct asking me to sign a letter confirming my address(Ive moved since the account went to Rockwell) - Im not doing it, because I dont trust them Whats my next step? From what I can see theyve only sent me copies of the Application Form and a copy of the Direct Debit Mandate They havent sent the agreeemnt. Do I stop paying because they havent sent a true copy of the signed agreement, and the account is in dispute? Also it looks as though I had PPI on it as well. Should I try and claim this back as well?? Ive scanned the responses Ive had Any help is gratefully appreciated, especially if you could point me in the direction of a response letter I can send back to them http://i38.photobucket.com/albums/e1...s/IMG_0001.jpg http://i38.photobucket.com/albums/e1...s/IMG_0002.jpg http://i38.photobucket.com/albums/e1...s/IMG_0004.jpg

Hi, Ive just moved this thread to this forum, because I think it makes more sense here than in the General Consumer Section I would be really grateful for any help you can give me Ive CCA'd Rockwell for 3 Marks and Spencer Accounts that go back to 1993. I CCA'd them on 2 December 2009, and had 2 repsonses today, so they are outside of the 12 day period. Im still waiting for the third Ive also had a letter from Marks and Spencer direct asking me to sign a letter confirming my address(Ive moved since the account went to Rockwell) - Im not doing it, because I dont trust them Whats my next step? From what I can see theyve only sent me copies of the Application Form and a copy of the Direct Debit Mandate They havent sent the agreeemnt. Do I stop paying because they havent sent a true copy of the signed agreement, and the account is in dispute? Also it looks as though I had PPI on it as well. Should I try and claim this back as well?? Ive scanned the responses Ive had Any help is gratefully appreciated, especially if you could point me in the direction of a response letter I can send back to them http://i38.photobucket.com/albums/e1...s/IMG_0001.jpg http://i38.photobucket.com/albums/e1...s/IMG_0002.jpg http://i38.photobucket.com/albums/e1...s/IMG_0004.jpg

Hi, just thought Id update you. No agreement still form Hillesden. No payments made since December. Theyve just sent the " we'll get back to you letter" I'll let you know how things progress

Hi, I would be really grateful for any help you can give me Ive CCA'd Rockwell for 3 Marks and Spencer Accounts that go back to 1993. I CCA'd them on 2 December 2009, and had 2 repsonses today, so they are outside of the 12 day period. Im still waiting for the third Ive also had a letter from Marks and Spencer direct asking me to sign a letter confirming my address(Ive moved since the account went to Rockwell) - Im not doing it, because I dont trust them Whats my next step? From what I can see theyve only sent me copies of the Application Form and a copy of the Direct Debit Mandate They havent sent the agreeemnt. Do I stop paying because they havent sent a true copy of the signed agreement, and the account is in dispute? Also it looks as though I had PPI on it as well. Should I try and claim this back as well?? Ive scanned the responses Ive had Any help is gratefully appreciated, especially if you could point me in the direction of a response letter I can send back to them http://i38.photobucket.com/albums/e144/richard1967photos/IMG_0001.jpg http://i38.photobucket.com/albums/e144/richard1967photos/IMG_0002.jpg http://i38.photobucket.com/albums/e144/richard1967photos/IMG_0004.jpg

Thanks for that. I will post a copy of the agreement if they ever manage to produce one-even if they do it will make interesting reading