nks, may i ask, have mbna or hillesden shown you a copy of your cca agreement and is it valid? i only ask because the copy they sent me on 24/09/10, i belive, is not valid and wondered if yours, and everyone elses was the same! BAB

my case is the same as nks ie. sold before i was able to rectify. however, they wrote to me on sept. 24 attaching a copy of the application form, which has at the top 'credit agreement regulated by the consmer credit act 1974' showing a signature and date, a credit limit and thats all. they are arguing that this account does not relate to a fixed sum agreement and the prescribed terms are not required to be on the face of the agreement. now, i originally sent in a section 77 and think this was a mistake and followed up with a letter referring to section 77/78. can anyone tell me if their letter refers to s77 and should i write back referring to s78 again? any ideas anyone? BAB

didnt mbna sell the account before expiry of the time given to rectify? i havnt checked my files yet but think thats what happend in my case. BAB

excellent nks, thats brilliant, much appreciated. regards

Hi nks thanks for your reply. mbna sent my invalid default about the same time as you received yours, and i followed the thread at that time. What you say here makes sense. however, Im not sure how to challenge them, or even if I should. Should I write stating my position offering payment of the arrears and not the whole balance (because of the faulty dn) or ignore their letter and see how they will respond next? Can I ask if you are being chased or are challenging them in any way? on a completely seperate subject, but related subject, I wonder if you or anyone following this thread, might have advice on the following; I have a bank overdraft for 26k with Barclays. Under the determination made under section 74(3) of The Consumer Credit Act 1974, I have requested the documents I am apperntly entitled to relating to O/D's. All the bank have provided is statement copies. I have received many credit agency letters stating part v exemtion, but now have a solicictors letter threatening legal action. can anyone offer advice or any good threads where i can re-post my enquiry. many thanks, BAB

Hello, got a letter from hillsden on 23 sept 2010 re my wife's mbna account. They attached a copy of the application form my wife signed when applying for the account, it has printed at the top ' credit agreement regulated by the consumer credit act 1974'. it also states a credit limit of £5500k. Hillesden's letter says, 'as the account does not relate to a fixed sum agreement, the prescribed terms are not required to be on the face of the agreement' the letter closes to say they do not agree that the account is unenforcable. For the record, Mbna were 'out of time' re. their default notice and confirmed, back in January 2009 that the account had been sold to Direct Legal-Dtl and that all future correspondences should be directed to them. does anyone have a view on the above, it would be much appreciated, as I'm now dreading receipt of court forms? thanks BAB

Many thanks for your time in replying CBJ. i note what you say with interest and for now think i'll write to DCA saying account in dispute, as it is over 12 days since i wrote them. any further advice will be gratefully recived, BAB

Hello, i have a debt with many cards, banks and suppliers such as TP. everything is under control , except for TP. I have provided TP with a breakdown detailing my expendable monthly income of £547.00 which, pro rata, offers £35.00 payment per month. as an alternative i have offered them a full and final settlement, via fund assisstance from relatives, of 50%. they have refused both and the latest letter they have sent says, ''we do not feel there is sufficient equity in your property for TP to be paid on the sale of the property due to other creditors having already obtained a charge against the property, we therefore request the balance paid in full over 6 months or we will take bankruptcy proceedings' TP are charging me interest on the debt, and legal fess, which has increased the debt by some £800. i requested a copy of our consumer credit agreement to see if this term existed on the agreement. they have ignored this request. can anybody offer advice on this matter. many thanks BAB

Hi Max, i dont under it either. you could try re-posting your question to the thread link below, there seem to be more active caggers there. BAB http://www.consumeractiongroup.co.uk/forum/showthread.php?t=237096&goto=newpost

actually, what i meant was, where a re-constituted agreement is provided in place of an original. thanks bab

aside from all the curent discussion, can i ask, how does the Kneale case affect a person with a card debt where there appears to be no copy of a cca agreeement available? Does it mean that the debt is now enforceable irrespective of wether or not a valid cca is provided? hope i'm not being thick as i'm afraid i'm one of the second types of 'soundbite' caggers described by diddydicky! thanks BAB

thanks shadow, can you tell me how i find my way to 'the legal section' thanks BAB

hi Linda1001, how did you get on, is your o/d unenforcable? i have a 28k o/d and need to get to the bottom of it. not sure i understand the determination thing. had the account since 1999. can you offer any advice. thanks BAB

thanks shadow. can you or anyone tell me of any legal cases won by creditors or debtors so i can read up on the cases. i feel i may be taken to court soon over a 28k barclays overdraft and need all the advice to fight my corner i can get. in short, i cca'd them, no response, then defaulted them, now i got their dca chasing me. thanks

from reading this thread i understand that overdrafts are only partially covered by the CCA. In a 'nutshell' can somebody please advise the following, If a creditor cannot produce a copy of an overdraft agreement, can payment be enforced in a court of law? thanks BAB