I hate bumping things but I need to decide whether to get a letter off to them to cancel the agreement ASAP, or accept the higher rate and hope a s78 request points to an unenforceable agreement. Can anyone help?

I've had a BOS credit card since early 2005. Recently I got a letter saying they were increasing the interest rates by 5 percentage points. I could either accept that increase and continue using the card, or cancel the account and pay the card off at the current rate of interest. If I decide to cancel the card will I still be able to send a s78 request (actually, I KNOW I can still send one) but if it turns out the agreement is unenforceable will I still be able to act on that or will I have scuppered my chances of taking action on the unenforceability by cancelling the card?

LOL. Unfortunately I think it's a spelling error that should have said "Initiating". Nevertheless, it was an excellent Freudian slip and too true for comfort.

If the DHCP client isn't running/can't be started, then you won't be able to connect to the network. When you start the laptop up, or when you attempt to connect to a network, if your network card doen't have an IP address installed the DHCP client makes a broadcast request looking for a DHCP server on your network. If it finds one it requests a temporary IP address from that DHCP server. Although you're not aware of it, the router you use to connect to the internet will be providing that DHCP server service. Since you can't start the DHCP service, your laptop can't get an IP address, so it can't connect to your network. However, you can set-up a network address on your laptop manually which by-passes the need for the laptop to make a DHCP request or for the DHCP service to be running. Setting up a static IP address on your laptop is easy, but you need to know the network address of the router. Most routers come pre-set with an IP address so it's important to know what the IP address (and network range) of the router is. In most cases the default address of the router is 192.168.0.1 but I have seen routers use different addresses. That's why I asked the router type and model. If you can find that, you can find out the default IP address of the router, and from that you can set the appropriate network addresses on your laptop.

You shouldn't really need a DHCP client working unless your PC is part of a network (or connected to a router that is acting as a DHCP server). If it's only set-up to use the router, you can create the network settings manually and forget about the DHCP client. Do you connect to your router via a wireless or ethernet connection? What is the make and model number of your router? - you will need this so you can set your network settings manually. The make and model number will allow you (or someone) to get hold of the manual and find out what the default IP settings for the router are.

Recovering the existing user account may be difficult, but you may be able to recover any files that have "disappeared". I'm assuming you're using XP or Vista, with different user accounts set up. 1. If you know the other other account's login details, then log in as that person. 2. Copy the relevant files from their folders e.g. "documents" and place them into the appropriate "Public" folders. This will make them available to anyone who logs in. 3. Re-create the account 4. Copy the files in the Public folder to the personal folders of the new - or leave them where they are if you prefer. That is probably the easiest way to do it if all the files you need are on the computer under another users account. If you don't know the other login details then it is more difficult. Is there an "admin" account you can log into. IF there is, the same process (as above) would work. If that isn't possible then it gets a bit more technical and you should find someone you trust who is good with PC's..maybe a local PC shop. They can boot into your laptop with a DOS or XP boot programme and copy the files you need. If you get that far you will be able to run an un-erase programme that may allow the recovery of your deleted files. If you live anywhere near Edinburgh I could help you out personally as setting up, recovering, and protecting Windows Servers is my everyday job. Finally, make sure your friend gets a good backup programme and runs it regularly. If the data is important, you must back it up somewhere. USB pen-drives, or external drives aren't that expensive and can be used for backup.

Undercover_Elsa, and DD, thanks for the vote of confidence. I may have misinterpretted GM's question, but I didn't want anyone to think I was an interloper with malicious intent. DD. I didn't want to butt-in on your thread as I'm wasn't sure I was able to contribute anything. I am one of your supporters and hope you give em hell in court if it goes that far, but I'm hoping that they go away with their tails between their legs after paying you for all the anxiety and stress they have caused before that happens. I'll be watching till the end.

Nope, although I'd say I was hardly loitering when I only view this thread when I see an update. I first came accross this when it was in the early stages. While it isn't directly relevant to any issues that I have I'm simply interested (or should I say fascinated) in the result/outcome. Everytime I see a new post I'm hoping to read that the other side have finally caved in. I don't know either of the parties, I'm just an interested viewer hoping it all works out for DD. No need to be suspicious about who I am or my motives.

I'm assuming this is only true for Halifax Bank of Scotland? It gave me a glimmer of hope regarding an MBNA "agreement" I was sent that was probably a reconstruction but which can't be proven. When I looked at the MBNA templates at http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms it seems that they all say "Important - You should read this carefully - your rights" 1997 - 1997 MBNA :: OOO2 1997 picture by citizenba - Photobucket all the ones between these dates 2006 - 2006 MBNA :: MBNA 2006 picture by citizenba - Photobucket Or is it possible that all of these examples have a cut & paste of the T&Cs on the back?

Does anyone have a definitive list of what legislation/guidelines a lender would be in breach of if they continued to demand payments and add interest when a credit card account that was in legal dispute? I have a couple of cards that I've put into dispute as the OC has admitted they can't find the agreement. I have no issues continuing to pay towards the account (call me old fashioned - and concerned for my credit rating) but I object to paying interest while the dispute is ongoing and I am ultimately prepared not to pay to get them to listen. I'm aware of the OFT Guidelines, specifically: Section 1.1 ...failed to comply with the requirements of credit or other consumer regulation Section 2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner Section2.4 - Examples of unfair practices are as follows: b. falsely implying or stating that action can or will be taken when it legally cannot Section 2.6 - Examples of unfair practices are as follows: h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment i. disclosing or threatening to disclose debt details to third parties unless legally entitled to do so 2.8 - Examples of unfair practices are as follows: f. passing on debtor details to debt management companies without the debtors' informed prior consent i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt. but would appreciate any help with other legislation they would be in breach of.

Your Terms are much like many other peoples MBNA documents returned from a CCA s.78 request, my partners included, although the clause numbers may vary slightly depending upon what year the agreement was signed. Although it is clearly referencing conditions on another document, so all the terms are not available within the "4 corners rule", I'm not sure how relevant these additional clauses are, and whether they would make your agreement unenforceable at court (or even be deemed as relevant), as I'm unclear whether they are affecting the prescribed terms which seems to be the determining factor. Similar questions have been asked several times, but I'm not sure I've seen a definitive answer. I've seen people expressing a view that similar documents are irredemably unenforceable, but I've never been sure whether it is because of these specific additional clauses or whether there are other elements in the document that lead people to this conclusion. I'd love to know the specific answer too.

Keep at them. There are some excellent posts here about M&S and what has happened with those who have queried the Chargecard/Credit Card mess. I'm in the process of a letter to-and-fro with M&S over exactly the same thing. They will insist they were right, that the agreement is enforceable, and that you should pay. Just counter what they say with the appropriate case law that you will find here and hope they finally see sense (but don't hold your breath). I like keeping communication going, even if it is just to counter their arguments and waste their time. I'm starting to feel (maybe wrongly) I am getting somewhere with them, and hopefully you will do the same. I haven't been dismissed with a "we've fulfilled our obligations under s78 so go away" letter yet, and my letters are getting responses to the specific points I make so someone is taking time with an individual reply. If anything of interest happens I'll be sure to let you know.

That's a question I would love to have answered too. If the company legally had to stop charging interest while the account was in dispute, but you continued to pay, is it the case that what you continued to pay would go towards reducing the balance only? or would the CCC just go on it's merry way doing whatever it wanted and use part of your payment towards interest they continued to charge?

I work in a specialist IT role where I charge my time at specified hourly rates when I work for clients. These rates are on my web site and I have invoices going back several years that back-up the hourly rates that I charge. Would I be able to charge my time as a LiP at these rates since I can prove that's what my hourly rates/charges are?

No problem. Glad you got it sorted. Now you'll be multi-tasking with multiple applications opening in a couple of seconds and everything seeming to happen instantaneously. You'll wondering how you ever coped without it in a couple of days.

Your MBNA application form isn't hugely differnt from mine - see http://www.consumeractiongroup.co.uk/forum/mbna/229916-mbna-virgin-dodgy-cca.html. Since yours is a year later, looks like yours is just a tidier version of mine. I'm not convinced my original MBNA agreement is enforceable. Like yours the prescribed terms were photocopied onto the rear of the application form, but in my case it seems very unlikely they are actually directly related (wrong size, orientation, markers on different pages don't line up etc etc). I have other factors at play with my card, but I've sent for a SAR just to get a better idea of what they really have. Maybe you could try the same if you haven't already done so.

http://i925.photobucket.com/albums/a...und/img001.jpg - it's so obviously a faked image. They haven't even attempted to make it seem as if these "photocopies" are geniune or that the prescribed terms really do belong to that document where they have placed them. Their arrogance is astounding. Surely they must be breaking all sorts of laws with this. From other posts in the forums (can't cite the original as they are pasted into a large document I have), the following spring to mind. Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs) where the faked image would constitute an unfair or improper business practice. Fraud Act 2006 Subsection 1(b) - the representation is made with the intention of making a gain or causing a loss or risk of loss to another. I'm sure there are many others. How can a company get away with such flagrant dishonesty with impunity? I'm surprised no-one has called them on this yet as some of this type of behaviour must be criminal rather than civil. It really makes my blood boil.

All these errors point to a hard disk problem or a memory error. Since you've replaced all those (several times from what I can see) then that should rule them out. If you've effectively replaced every bit of hardware then it has to be an external influence that causes the corruption or a dodgy installation disk - it's not a knocked-off one from a market stall is it . It's extremely unusual that after replacing the hardware several times and re-installing XP you are still getting the same error continually re-appearing. Cheap PSUs are nasty - I've had servers where disks have actually gone on fire during testing, all due to cheap or faulty PSUs...but you've replaced that too. The only thing left that might be the cause of the errors is either 1. Your case. A short somewhere, faulty switch..unlikely. 2. The power supply in your house or the plug you use. Do you have a UPS that has a line conditioner in it that will deal with brown-outs and spikes? If you don't you might want to try to borrow one and see if that stops the problem. If it doesn't work drop me a PM. I have a pile of Supermicro server-boards with P4 processors installed. You would need to replace the heatsinks as the ones that are installed are designed for 1U servers (no fans on them but they just unscrew) and I'd be happy to send you one with server-quality SATA cables and the appropriate back-plane. Although the boards I have are for servers they are fine in a PC too. They are just made of higher-quality components as they are designed to operate 24/7 and are super-stable. They are ATX boards and will fit into a midi-sized case and larger. The boards I have are these ones - dabs.com - SuperMicro S775 Intel E7221 ATX LAN (P8SCT) - with a 3.0Ghz CPU installed. You can have it for free as I have several of them that I'm not longer using - just send me a refund for the postage if you want.

Don't know if it's much help to you but that image looked extremely familiar because I came accross them today while checking my filing cabinets. Although not an exact match, they are very very similar. I've put a copy for you to have a look at where this extract probably came from - http://i629.photobucket.com/albums/uu16/PRBrown_2/letter_with_card_ANON.jpg The document is what was included with my MBNA credit card when it arrived. If you look closely you will see that it clearly states under the "Credit Agreement Regulated......" in the box, "This is a copy of your agreement for you to keep. It includes notice about your cancellation rights which you should read". This document is dated sometime in 2002. I guess you could assume that photocopy you have received is from a similar piece of paper which is a double-sided (small print) of their "credit agreement".

Wow! Excellent thread and very well done. I'm in Scotland too, so all of it is extremely interesting. I get the impression that the Scottish system is more complicated and possibly a lot scarier for an individual that the English system, but it also seems much fairer too. I like the idea of the "period of adjustments" which seems very civilised although I'm sure some of the exchanges could get quite heated. Don't want to start a Scottish/English battle here. It's just the impression that I get. It's a point that is well made in your defence, and if it gets down to it I will "borrow" your arguements. Fortunately, I'm not naive enough to believe it will be the slightest bit pleasant or easy, but I appreciate the warning. My job requires a lot of diplomacy and I have to deal with angry, irrational, beligerent, bullying, and downright nasty people on a regular basis, so I'm ready for anything between a reasoned argument to "giving as good as you get". I never take it personally so I won't be losting sleep or worrying about it. I don't work for a DCA and I'm not involved in the financial services industry in any way - in case you were wondering about the beligerent, nasty and irrational people I have to deal with.

Thanks for your replies. The card was an "account card" which I suppose was a chargecard. You didn't need to pay off the balance every month although the interest rates were huge for that time , and it could only be used in M&S stores. Interestingly, some T&Cs arrived today in the post that they claim was attached to the original application form. They look as if they could belong to the original application but whether they were a tear-off, or on the back of the form, isn't clear. The terms provided are compliant except for the credit limit where it states a limit will be "subject to approval by us". I'm not sure whether that makes the whole thing not compliant or whether it's just a small technicality that would get ignored in court. I hope it does invalidate the agreement. The form is clearly an application form, but the Terms sent today do state it is a credit agreement regulated etc etc. Without a SAR I can't be sure the application form and terms are related but it would be safe to work on the assumption that they are at the moment. If I decide to fight this my only strong defence might be the application is for a chargecard while they are seeking payment of a credit card. I wish it was clear whether the credit card cannot be considered related to the charge card application. I have a similar thread about MBNA/Virgin where the Virgin card was supplied without even an application being filled out - http://www.consumeractiongroup.co.uk/forum/mbna/229916-mbna-virgin-dodgy-cca.html - but no-ones replied to that one yet. Thanks again for your help. If it gets to a fight I'll keep this updated.

Does anyone have any definitive interpretations, views, evidence, or experience of the situation regarding M&S and the change from storecard to credit card? I originally took out a M&S store card in 1996. In 2003 I was sent a M&S credit card. I didn't request it, I didn't fill out any form or apply for it, it was simply sent as a replacement for the storecard I had. When I did a recent CCA request to M&S for my Credit Card I was sent a copy of the application form for the store card and some current T&C's for the credit card. Is the storecard application - enforceable or not for the storecard - sufficient evidence of an enforceable agreement for a Credit Card? My gut instinct says no, but that's only my laymans view. I don't know whether to start disputing the account or not, and would like to know more about what other people have found out before I do anything drastic.

I've started receiving a number of telephone calls from Aqua/Marbles. It's just a recorded message saying that they were calling me and that they would call back later. I'm assuming that is just some sort of amateur psychological tactic designed to scare me as I'm not behind with payments on this card and I've never missed or been late with a payment. All I've done is request my CCA agreement. Fortunately for me I have quite a nice telephone system installed in my house and a number of outside lines as well as a VOIP system. To stop receiving any more calls that disturb me I've set up my system to re-route any incoming calls from them to Marbles' Customer Service line. This got me thinking. Does anyone have the telephone numbers of Solicitors or DCA's that Marbles uses? It might be quite fun to select a different number each day to re-route their calls to, as I'm sure these people would be more interested in hearing from Marbles than I would. I know I pay for the re-route, but I have umpteen minutes of free calls that I don't use and I may as well put them to good use. My telephone system also withholds numbers on a re-route so I'm not that bothered - unless what I'm doing is illegal....then I'll need to re-think who I re-route calls to. It's a bit childish, but it's a lot of fun watching the calls being diverted and imagining the faces on those receiving the calls.;-)

While waiting for additional information to arrive in relation to my CCA request that still has a few days left before the 12+2 time limit, we've received a letter informing us of a 20% rise in interest rates from the next statement date. The letter has been signed by the person responding to our CCA request. The timing seems too convenient not to be viewed as some sort of retribution for asking for the CCA information. The letter does give us the option of cancelling the agreement and continuing to pay at the current rate of interest (over 29%). I appreciate that I still have a little time to go before I need to respond to this letter, but I'm wondering if cancelling the agreement would be a wise decision based on the fact that it's unlikely they will be able to come up with an enforceable or properly executed agreement given what we've been sent so far. Our initial intention was to use an unenforceable agreement to negotiate better rates as we're a bit old fashioned and believe that if we spend the money we should pay it back, but we were also willing to risk our credit score and take it to the wire if we faced unreasonable, bullying, or intrasigent behaviour on the part of the CCC. I guess the route we take has been pre-determined by the CCC already. Does anyone have any advice on what steps we should take? Cancel the agreement (not sure of the implications of that) and continue to pay at a high interest rate? Write to them rejecting their ability to increase the rates based on the evidence provided so far stating that without a properly executed agreement they wouldn't have the right to increase interest rates so they should lay off until they have provided evidence of a properly executed agreement? or just sit it out until the 12+2 days have passed then decide what to do based on whatever other documents they can lay their hands on? Since this card has been in existence since 1992 and based on everything else that I read here, it's unlikely they will come up with anything like an enforceable agreement.

Hi I've made some CCA requests to some of my credit cards, and the first reply I've had is from Marbles (part of Halifax BoS). The reply I've received in the standard letter, a current statement of account, and a one-page (printed on both sides) list of their current Terms & Conditions. No signatures, no applications, but the promise that the "original application form" will be fowarded in the next few days. I've uploaded the scanned files to photobucket, and despite them being huge on-screen they seem to be tiny in photobucket - I'll have to figure out what I'm doing wrong. Here's the link - http://i629.photobucket.com/albums/uu16/PRBrown_2/agreement.jpg Now I'm wondering what to reply. Should I 1. Ignore it until the rest of the promised documents arrive 2. Send them a response in the tone of the reply received from them... I am in receipt of your template reply, dated 22 October, in response to my request under the Consumer Credit Act 1974 (Sections 77-79) for a signed copy of my Consumer Credit Agreement. I note in your response that you say a copy of the original signed application form will be forwarded from the relevant department, and I give a gentle reminder that “the clock is ticking” towards the statutory 12+2 days from the date of posting before Marbles will be automatically in default of my request. At the moment, the Statement of Account and a copy of the Current Terms & Conditions that you have sent does not satisfy your requirements under Section 78 of the CCA 1974, and most certainly do not provide evidence of a properly executed agreement. Your warning regarding Claims Management companies is noted, but I neither proffered nor requested any legal advice and I will give your advice the time and attention it deserves. In response your dire warning about any failure to make payments, all I can say is that not only is that insulting as I have never failed to make any payments on any legally enforceable debt, but your thinly-disguised threats are a disgrace to any concept of “customer service” that your company gives lip service to. What springs to mind when I read such threats is the lines “woulda, coulda, shoulda” to express my contempt and frustration at such subjunctive reasoning. I am prepared to enter into meaningful and rewarding correspondence with you, but I do not take kindly to any veiled threats no matter how well they are couched in reasonable language. I'd prefer to keep this correspondence at an adult level rather than the language and behaviour of the school-yard bully and I leave the ball firmly in your court on that matter. I look forward to receiving the rest of the information you promised in your correspondence within the next few days 3. Tone it down a little, and be more polite.. I am in receipt of your template reply, dated 22 October, in response to my request under the Consumer Credit Act 1974 (Sections 77-79) for a signed copy of my Consumer Credit Agreement. I note in your response that you say a copy of the original signed application form will be sent to me from the relevant department, and I look forward to receiving this within the statutory 12+2 day time period from the date of posting before Marbles will be automatically in default of my request. At the moment, the Statement of Account and a copy of the Current Terms & Conditions that you have sent do not satisfy your requirements under Section 78 of the CCA 1974, and most certainly do not provide evidence of a properly executed agreement. Your warning in relation to Claims Management companies is noted. Your further warnings and threats regarding any failure to make payments are also noted. For the record, I have never failed to make any payments on any legally enforceable debt. I look forward to receiving the rest of the information you promised in your correspondence within the next few days. Maybe I'm too keen to get started.