Hi, Yes, I am Jazz's carer, registered as such with our health authority and recognised as her representative with some other financial matters (still stuff to sort out there). The DDs are cancelled, so I'll just sit back and wait. Thanks again

Hi, Another case of not being able to cancel gym membership with Ashbourne. My daughter signed up both of us with Clifford gym in Nottingham. The only reason I agreed to join was to make it possible for my daughter to attend. She was to pay for both memberships. The offer was to sign up for a 12 month contract, with the first two months free. Before we had any chance to use the gym, my daughter's mental health deteriorated. She was absent from work for some weeks and then dismissed. We contacted Ashbourne and asked that they revoke the membership. They asked for medical evidence, which I provided. I told them that as I only joined to facilitate her attendance and be her carer that I wanted my membership revoked too. Needless to say, they are refusing to revoke my membership. They have revoked my daughter's Several emails back and forth with no joy. Yesterday I asked for a copy of the contract, so I could try to find another get - out clause. They replied to say that they wouldn't be supplying a copy as I should have printed it off when I joined. I wrote back and said that if they didn't have evidence of a contract signed by me, then, as far as I was concerned we had no contractual relationship and, therefore, nothing to cancel They've now said that the only way I can get rid of the contract is to pass it to someone else. What do I do now? They have no record of my bank details as it was all done in my daughter's name.

Bumpety bump.

I've blended two of the letters together, how does this read.... "Thank you for your letter of XXXXXX, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On xxxx I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the xxxxxx. You have failed to comply with my request (see below), and as such the account entered default on xxxxxx (12+2 days after I made the initial request). The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. The document you supplied with your letter of xxxxx did not meet these terms, the 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 means that a court would be prevented from enforcing it under s127 (3). You are no doubt aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation. This limit has expired. Section 78(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled, while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law, as you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or Unfair Methods - Examples of unfair practices are as follows - 2.8 (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 reasonable queried or disputed debt' Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. 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 and personal data relating to me on this matter. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I shall expect that this to mean you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter, which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing."

So, this is (hopefully) what I received from capquest in response to my CCA request. What do you think?

As my first post shows I CCA'd CapQuest at the end of October, yesterday I finally received.... a copy of an application form! There is some small print at the bottom that seems to refer to the Consumer Credit Act, but the copy is illegible. I signed the application on 3/10/2000 yet it was accepted by the bank on 11/09/2000. There is nothing visible (as well as being illegible the small print has been cut off at the very bottom) regarding any T&Cs, interest rates or anything to do with how/when the debt should be paid. I'll scan it up later, but I don't see how this form covers any of the required terms.

Thanks Cerberusalert. I'll replace the payment plan forthwith.

Bump.

Does anyone else have any opinions on whether the application form is an agreement and if so, whether it meets the terms to the Act? Thanks in advance. W

I was beaten to the answer! Hi Soozie, Good luck with your case, this is only one of my first goes at fending off the DCAs and it looks like it might not be too successful at this point! Nevertheless, if the CCA is enforceable, at least I know where I stand. Go for it and start a thread for it so that the more knowedgable CAGgers can give you all the help you need, I'm a novice! There is lots of reading to be done and a library of resources to help you too. BB there are at least some of the terms and conditions about halfway down on the right hand side, they consistently refer to the T&Cs overleaf, which I didn't receive. I was sent the current T&Cs made out in my current name and address. Although the form is headed up as an application form, and refers to itself as such throughout the body of the form, it is signed by both myself and the bank. My signature pre-dates that of the banks. My signature is clearly then, related to my applying to be considered for the card, not in confirming and credit agreement which has been accepted. Therefore, could it be argued that it is merely an application form and not a Credit Agreement? Am I perhaps clutching at straws. Like I said earlier in the thread, I am pretty astounded that Cabot were able to obtain this much from the OC since the application is almost 20 years old!

Bump

Time for a SAR? The papers I received from the CCA request to Cabot, were the Agreement/Application posted above, current terms & conditions (not those referred to in the form), a statement covering the period July 06 - November 09 and an 'invitation' to pay. If I do a SAR, best to Cabot or the OC?

Thanks VJohn, the explanation is appreciated

Not statute barred, I've been paying Cabot (and the other CRAs it was bounced to) up until November last year. VJohn, can I ask why you believe it to be enforceable? I need to understand, I was under the impression that without the terms and conditions (referred to as being overleaf on the application form) the document was not enforceable. The terms and conditions I received were not those 'overleaf' but were the current terms and conditions. Thanks for your comments so far people. It all helps. PS I also received a statement with the papers which shows that despite making regular (albeit small) payments, the balance has not reduced by even one penny.

Today I rec'd my 'credit agreement' from Crapbot, I'm both impressed and somewhat disappointed that the OC (BoS) had the paperwork from 20 years ago. I've scanned in the first page of the impressive pile of papers I've received, which is the Application form I completed way back in 1990. My question is, obviously, is it enforceable? From the little I've learned from these forums, I don't believe it is. The form is headed Application form and is referred to as the same within the body of the form. Although the form is signed by both myself and the bank, it doesn't appear to be a 'four corners' document. There is reference to 'Terms of the agreement as set out over leaf.' The rest of the pile of papers is not the overleaf as mentioned. The application form is in my name at the time of application and the address at which I was living. The terms & conditions which accompanied it are in my current name and current address. May I have your thoughts please CAGgers?