lol My Mrs too! Going to send them this can somebody have a quick look over it to make sure ive covered everything please? Moorcroft Dept Recovery PO Box no. 17 2 Spring Gardens Stockport SK1 4AJ Date: 31st July 2009 Dear Sir or Madam, Account number: ................ moorcroft ref ....................... I am in receipt of your letter dated 24th July 09 In your letter you say that The Royal Bank of Scotland have advised you that this account is not in dispute! You have clearley been advised wrong! This account is in dispute and has been since 3rd March 09. On the 17/02/09 i sent The Royal Bank of Scotland a formal request pursuant to s.77/78 of the Consumer Credit Act 1974 in reply to this i received a copy of an application form which did not contain any prescribed terms and as you know this 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)" Please find enclosed a copy of this application form Also here are some extracts from the case of Wilson and another v Hurstanger Ltd which also confirmes that the prescribed terms must be within the agreement document "33 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 (with the benefit of legal advice if necessary) 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. More detailed requirements, which are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the minimum terms) are to be found in Schedule 1." Now i suggest that you return this account to royal bank of scotland for resolution I look forward to hearing from you in writing.

Had a letter from Moorcroft today

So you have a solicitor dealing with it? Thats good

sent them this very good template http://www.consumerforums.com/resour...-is-in-dispute

Hi red fish have you got any further than me on this?

oh i see thanks guys

I was just looking through my statements and letters from marbles and noticed that my account number has changed. From 2009 all my corrospondence has a different account number Is this normal?

lol that really would confuse them!

hi exchange i hadnt seen that ive been so busy lately ive been struggling just to up date my posts ive just signed up now ( ;

lol They must be merging job roles due to the recession.

had this today

Thanks Alan I thought they was a bit dodgey. Had this today

No problems it all sounds very interesting stuff i will definately check the posts out. Had this today from rbs nothing from moorcroft yet!

Its been very quiet in the monument camp recently no letters of phone calls... Until today that is! They have now passed my account to a dca

my triton letters have stopped now!

Thanks cerberusalert its in the post!

They didnt waste much time Got this today

I have found the termination letter

I have posted them this very good letter http://www.consumerforums.com/resour...-is-in-dispute thanks to cerberusalert for pointing this out to me on another thread of mine.

Hi Bearing I would write to them first and explain your situation and then make them an offer of payment what every you can afford to pay each month even if its a token payment of £1. Then i would send them a cca request to make sure they hold a valid agreement. You can find templates for both of these letters in the template section. Good luck. ( ;

Thanks cerberusalert I will keep hold of it then. ( ;

Thanks Kurvface I am already dealing with trading standards so i will forward this letter on to them.

Latest from marbles

Thanks cerbersalert i havent looked in the template section for a while looks like its been up dated

oops sorry thought i had cut and pasted it... Here we go