how about a subject access request, this should give you your agreement as well as statements, as far as the offer goes they give it in one hand but take it back forfold in the other with interest charges

the other thing to do is ask for the credit agreement, i have and they have`nt sent it so i have put vanquis in dispute until they do send it when did you mum take out the card?

i would wait until you get the appeal out of the way first though, media attention might just rock the boat

If you have sent a letter asking for the CCA and they havent sent the True Copy of the agreement with in the required 12+2 days then you can write to them saying until they send the True Copy as requested, the account is in dispute, therefore you are not obliged to make payment until you get the agreement. there are plenty of threads here try looking at this one http://www.consumeractiongroup.co.uk/forum/legal-issues/196049-cca-halifax-card.html giving help and advise, i havent had my CCAs back from 3 requests so have put all into dispute and suspended DDs also informed the companies using the letter below. hope that helps, I am no expert the info i give is only what i have picked up on here with huge thanks to those who have submitted it. failing that hit the triangle on the left and a member of the site team may be able to help out Thank you for your response to my request under the Consumer Credit Act section 78. In your response you confirm this as reconstituted copy of my agreement as requested. Further to my request under the above act, your attention is drawn to the fact that the agreement that has been supplied is a reconstituted agreement, of which is what I did not ask for, my request was for a TRUE COPY, of the executed credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78, a copy of this request is enclosed. To date you have failed to comply with my request, supplying only a generic, reconstituted unrelated agreement and generic terms & conditions, which cannot be linked to any agreement which you claim that I have signed. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974. Contrary to your assertion, xxxxxxxx have not complied with the terms of CCA 1974 s78. The documents that you have supplied, do not comply with your duties to supply a “True Copy” of any agreement you claim to have been signed by me, for pre 2007 agreements. As you will be further aware, an agreement is not executed, until signed by both parties, so the document that you have supplied, being a reconstituted, cannot be a True Copy of an Executed Agreement. Therefore until you are able to send to myself a True Copy of the agreement, this account will be in dispute. With this I will suspend any further payments to Halifax in relation to the above account until the necessary agreement has been received, and once this has been received and is the agreement that I require I will resume payments on the account with any missed payments being made. The relevant main points of the Law and OFT regulations while the account is in this state and Halifax remain in default are: • You may not ask for payment against this account. • I am not obliged to offer any payment against this account. • You cannot register any data with a third party. • You cannot take any enforcement action, including registering Defaults. • You cannot pass the account on to a third party for collection. • You cannot sell the account. Let me explain here, what a true copy is: In a recent letter from the enforcement department of the OFT, the text below was quoted, explaining what is required. “The copy of the executed agreement need not be an exact copy but it must be a ‘true copy’ and not some reconstruction of what the original might have been and it must contain the same terms as the original. Where the terms have been varied as provided for within the agreement, the copy of the originalagreement must be accompanied by a document setting out the current terms, as varied. Certain details may be omitted from the original agreement eg the signature but the debtor must be in no doubt as to the true nature of his obligations under the loan. Should no original agreement be in existence it is very hard to say that the copy the creditor offers to the debtor is, in fact, a true copy as there would be no original with which to compare it. In our view the onus of proof would be on the creditor to show that the copy is a true one and where none existed he may have difficulty discharging this. Neither should creditors suggest that a consumer has signed a credit agreement where they are unable to provide evidence to support this — to do so is likely to be a misleading action under Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs) and would also constitute an unfair or improper business practice.” I also refer you to the information below. 1. A valid credit agreement must contain certain terms within the signature document (s.60(1)(2) CCA 1974). These core terms are the credit limit, repayment terms and the rate of interest (SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms must be within the signature document. (Column 2 schedule 6). s.61(1)(a) states the agreement must contain all the prescribed terms and be signed by both the debtor and on behalf of the creditor. 2. Further, s.127(3) CCA 1974 makes the account unenforceable if it is not in the proper form and content or improperly executed. In Wilson and another v Hurstanger Ltd (2007) it was stated “In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties … and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s.61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement”. 2. The need for prescribed terms to be contained in the credit agreement is confirmed by the Author of the CCA1974 act, I quote ““As the draftsman of the Consumer Credit Act 1974 I would like to thank Dr Richard Lawson for his interesting and well-argued article (30 August 2003) on Wilson v First County Trust Ltd [2003] UKHL 40, [2003] 4 All ER 97. Dr Lawson may be interested to know that I included the provision in question (section 127(3)) entirely on my own initiative. It seemed right to me that if the creditor company couldn’t be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable, and that the court should not have power to relieve it from this penalty. Nobody queried this, and it went through Parliament without debate. I’m glad the House of Lords has now vindicated my reasoning and confirmed that nobody’s human rights were infringed.” - 167 Justice of the Peace (2003) 773.” I am now granting to you a further 14 days from delivery of this letter, to produce a copy of the executable agreement as requested. After that I will consider that the above matter is closed and that you will no longer pursue the alleged debt. If you are insisting that the non enforceable document, that you have supplied, is the only alleged agreement in your possession, then I would suggest that the best course of action would be to immediately set the balance of the above account number to zero. I look forward to your response.

if you find the section that you would like to start a new thread in for example you want to start a thread in the Debt Action forums and its to do with a debt collection company, then you would look at the debt forums and go down to the debt collection industry section open that up and there you will see an icon that says start a new thread, the icon is on the left side near the top Debt Collection Industry - The Consumer Forums hope that helps

it might be worth having a look at the data protection 1998 Data Protection Act 1998 (c. 29) bit of a long read but v useful

hi mightyroyals did they send you a default notice, if they did could you post it up minus all personal details and amounts and also blackout the barcode if there is one, would be interested to see if they are send valid default notices out, was that all that was on the POC and did they send any docs with it or did this claim come through Northampton CC.

in some cases in can take months to get a response from the issuing authority, if they have received your last letter, then this should be put on their system until they can respond to it. the reason for no NtO could be is they may have put your case on hold until they have investigated it properly or even till they can get round to deal with it. remember that once you receive the NtO you can appeal to the Traffic Penalty Tribunal

Just an update took this letter into the court on Monday, and whilst I was there I managed to see CL AQ who requested a month to come to some arrangement, but thats besides the point as they still failed to get the papers required into court. receptionist said she would pass the file to the Judge for him to look at on Tuesday. phoned the court yesterday and was told that the file was with the Judge and i should have a letter by Monday. fingers crossed all will be well Date xxxxxxxx Case number xxxxxxxx C L Finance – Claimant xxxxxxxxxxxxxxx Dear Sir. Further to the order made by District Judge xxxxxx sitting at xxxxxx County Court on 9th December 2009, Copy enclosed for reference. I note that the claimant has now failed to file in court and serve on the defendant the documents in support of their claim despite being ordered to do so. The claimant has had every opportunity to file such documentation and considering the size of the organisation, it is not unreasonable for them to have filed such documentation on time at the first opportunity, they have since been given a chance to file documents by order of District Judge xxxx and they appear to have ignored the Honourable Judges orders and have failed to comply as directed. The Claimant has also failed to respond to 3 letters asking for the full disclosure of the documents in relation to this case. The result of this failure, is that I am unable to file a fully particularised defence to the claimants claim as without the documentation which the Claimant relies upon, I am unable to answer their allegations as set out in their particulars and I am placed at a severe disadvantage, as I am a Litigant in person. With a mind to saving costs, I would therefore request that pursuant to the order made by District Judge xxxx and CPR part 3.4, 2© that the claim is struck out and the Claimant be ordered to pay the defendants costs to be summarily assessed. If this is not acceptable, then please refer this letter and the file to District Judge xxxxx to highlight non-compliance with the order dated 9th December 2009 and for further directions to be issued.

any and all advice is welcome

more than willing to put something in the pot

hi Humbleman, So sorry you had a one minded judge who thought of nothing else but giving the money to the barrister. lets sort this judge, she should`nt be able to practice law. go for the appeal, and i am sure if needed we would all chip in to the cost.

Further Update CAP1 - have received a copy of my agreement, minus dates signatures etc can be viewed here New Page 1 AQUA - Have received a copy of my reconstituted agreement. Please can I have some advise on these please.

the letter i put it was the one in post 12, thats the one being handed to the DJ the lady on reception said, "they are well behind with responding to the order" cohern that is. DJ will have a look at this in the morning. she also said they having lots of issues with them. will let you know what the result is, planning on phoning court on Wednesday to get the outcome.

popped into local CC this morning to drop the letter off, asked to see if Cohern had put their AQ in on time, and they did, was shown this to find out they asked for proceedings to be delayed for a month in order to sort this out. letter and file being handed to DJ tomorrow.

bit like mine then, didnt get to have an allocation hearing. have you had anything like what i have here, New Page 1, if you click on the thumbnails you will be able to see the full pics. think at the hearing the DJ might well order them to supply docs so that you can get an amended defence in, or better still might even strike it out. i had a letter to say it had been transfered then a letter to say they needed to supply their AQ before 15th Dec, then letter to say they needed to supply CCA by 23 dec, nothing recieved in court so now going forn strike out

hi Humbleman, it seems this is CLs classic way of not doing things right. i have made 3 requests to them and still nothing. did they supply any paperwork with the claim? have you requested all the paperwork from them under cpr18,31.14 etc? has the CC made any orders for CL to produce anything at the moment. i don`t know how far i may be able to help but there are far more experienced caggers who can help.

Hi Gaz, good going there, I am just about to send this letter into the court, following on from the last 2 orders that i received from the court. all court letters can be found here. New Page 1 if you click on am image then it will enlarge.....your comments and advice is most welcome. cheers Lets Dear Sir. Further to the order made by District Judge xxxxx sitting at Newport (IW) County Court on 9th December 2009, Copy enclosed for reference. I note that the claimant has now failed to file in court and serve on the defendant the documents in support of their claim despite being ordered to do so. The claimant has had every opportunity to file such documentation and considering the size of the organisation, it is not unreasonable for them to have filed such documentation on time at the first opportunity, they have since been given a chance to file documents by order of District Judge xxxxx and they appear to have ignored the Honourable Judges orders and have failed to comply as directed. The Claimant has also failed to respond to my letters asking for the full disclosure of the documents in relation to this case, a copy of the letters sent to requesting these documents are enclosed for your reference. The result of this failure, is that I am unable to file a fully particularised defence to the claimants claim as without the documentation which the Claimant relies upon, I am unable to answer their allegations as set out in their particulars and I am placed at a severe disadvantage, as I am a Litigant in person. With a mind to saving costs, I would therefore request that pursuant to the order made by District Judge Grand and CPR part 3.4, 2© that the claim is struck out and the Claimant be ordered to pay the defendants costs to be summarily assessed. If this is not acceptable, then please refer this letter and the file to District Judge xxxxx to highlight non-compliance with the order dated 9th December 2009 and for further directions to be issued. Yours faithfully

Hi Gaz, Great thread you have there, have composed letter with help from GhostDebt. have added the bit in with waisted costs. when did you put that letter in for waisted costs or did you put that in along with the court form.

well done Gaz, cracking result

hi GAz Many thanks for the info, where is your thread, i shall have a look. cheers

Hi Postggi, managed to get through to the court today, and checked to see if the claimant had issued the agreement has requested by the court and the answer to that is no, now i need to do a letter to go for strike out and costs, any idea. cheers

an update on my requests vanquis- delivery of CCa Request confirmed 22/12 DCA for cap 1 - returned fee, passed back to cap 1 littlewoods delivery of CCA confimed 21/12 Aqua - lost in post despite recorded delivery cap 1 - lost in post despite recorded delivery

just to coment with postage, sent off 5 CCA requests on 16th dec, 3 delivered 2 lost, got proof of posting, does that count, dont think it will as need proof that delivery has been made.

sorry came into force march 31st 2008 however new pcns under tma 2004 wasnt issued till 1st April 2008.