This is an application form... CCA 1974 Sec 59.—(1) An agreement is void if, and to the extent that, it purports to bind a person to enter as debtor or hirer into a prospective regulated agreement. Meaning... It can not say it is tying you to a regulated agreement, it has to be a regulated agreement... not an application for credit

Well had a good look round again today, some brilliant discussions going on. Just going to cut and paste a few ideas/ opinions/ etc taken from others to see if anyone has some views or anything to add... *In relation to recieving a Blank T&C as a varied edition Section 7 of the above act states at Paragraph (1) Where an agreement has been varied in accordance with section 82(1) of the Act The relevant section of the act being: Where, under a power contained in a regulated agreement, the creditor or owner varies the agreement The implication of this section of the act being that modification of the agreement can only take place where the prior version of the agreement makes provision for such an amendment within in its terms. Ultimately the authority to amend an agreement must refer back to such a provision with the executed agreement. In the absence of such a provision, or the inability to authenticate such a provision, subsequent, modified agreements are invalid. *In relation to recieving a Blank T&C as a varied edition If in response to a s77/79 request the lender sends a document and makes a statement or claim that this is a true copy of the original executed agreement (with the signatures left out), then this is the ONLY document he can use to bring a court action. The act says that statements made by the creditor in relation to s78 are binding (178.1) If he produces another document to support a claim then clearly he made a false statement and the document sent in response to s78 was NOT a true copy therefore the action that the creditor has embarked upon to take the debtor to court is unlawful as he was prevented from this action by the CCA whilst he remains in default of his s78 obligations * In relation to recieving a Blank T&C as a varied edition I have received one of the generic printouts in response to a CCA request. They said "This is what your agreement would have looked like.... a "true copy" is not necessarily a signed copy...as you've used the account we WILL have had your signature etc etc." I wrote back on the lines of: I am disgusted that you have chosen to hide behind the obscure wording of an archaic law drafted when legal contracts were written and signed by quill and ink. At that time a true copy of any such document involved rewriting by hand, until the happy advent of the photocopier. As a large and profitable business I feel safe in assuming that you do now possess photocopying equipment or equivalent. I therefore request that if you DO hold a signed copy of this alleged agreement, you kindly photocopy it and send it to me. If you fail to do so I can only assume that your statement that you hold a signed copy is incorrect and misleading. Until you fulfill my request this account remains, very firmly, in dispute.[/font] That was five months ago..not heard a dickybird since..no CCA, no threats, no statements. I think they must have filed it under "WTF do we do with this one"[/font] *In relation to Unjustley Enriched:[/font] Lord Browne-Wilkinson: Dimond v. Lovell [2000] UKHL 27; [2000] 2 All ER 897; [2000] 2 WLR 1121 (11th May, 2000) “To treat Mrs. Dimond as having been unjustly enriched would be inconsistent with the purpose of section 61(1). Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay. This meant that Parliament contemplated that he might be enriched and I do not see how it is open to the court to say that this consequence is unjust and should be reversed by a remedy at common law: compare Orakpo v. Manson Investments Ltd. [1978] A.C. 95”. * In relation to position of Signatures and Prescribed T&C It is clear that s61(1)(a) is referring to the prospective regulated agreement, so that its requirements must be fulfilled by that document and not just by another document to which it refers”: Goode, Consumer Credit Law and Practice, paras 30.102-30.103. This is interpreted by John McCloud, PhD, LLB, Barrister, Professor of Law, University of Liverpool: On the same side as the signatures the document itself must contain the terms prescribed in the Agreement Regulations [Reg 6(1)]. To the extent that these rules refer to information which must be stated ‘together and as a whole’, that will ensure the larger list is included in the actual agreement rather than any document referred to in it. Comments appreciated... DC

Few more details about my situation... I have 3 credit cards and 1 unsecured loan. Bank 1 £11'500 (Gulp!!) Bank 2 £7'900 (Gulp again!!) Bank 3 £2500 (Not as bigger gulp but collectively Bl**dy big GULP!!) Bank 4 £3050... Wow that was good writing my terrible situation down for all to see... Anyway, recently I was made redundant and my creditors have been real t*ssers... "you have breached this part of your agreement... You have breached that part of your agreement"... I asked for a few months reprieve and a little understanding, but no... Not an ounce of compassion... So, gloves off... and if they want to quote agreements, lets hope they have a cast iron one to quote... otherwise.... myself and my fellow CAGgers will hunt you down and make you pay... Sorry, went all Arnold Rambo for a moment!! So thats a bit about me and my run up to this duel, hope this thread is helpful to someone and thanks for dropping in... Dom

Thanks DS Glad you sorted your stuff out. Did it go in your favour?

This is the first letter sent to BC YBank MBNA and Santander **** Bags Address Date: 21st September 2009 Dear Sir/madam Re: − Account Number xxx xxx xxx xxx 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. 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 We look forward to hearing from you. Yours faithfully Print Name (Don’t Sign) Between then and now I have researched (mainly on this site) the fantastic views of the CAGgers and it has given me a good understanding of the situation. I'm sure the Credit Card Companies (CCC) will all reply differently and until then I'll research some more!!

Thanks Silver fox.. Will seperate eventually!! Read through the site extensively before I started new thread so looking forward to the ensuing events. Thanks Alloyz

Hello everyone and anyone... I have just sent out my first 4no CCA requests and intened to log the proceedings down for everyones benefit and so people can advise/ help etc... Any posts are welcome and I look forward to chatting with some great people... Thanks

Vint... Excellent letter re 'True Copy' arguement. I've just sent off my initial CCA copy request and expect an unsigned one so I can use this to great effect. Thanks