OOOO yet another 'agreement' that fails to make the grade by the sound of it. Unfortunately your right in that most people will accept it as an agreement, exactly as your wife did. The good thing is you know it's not an agreement and your in the right place to get the information to argue the case with them. Hopefully we will soon be in a position to alert more people to unenforceable agreements as the news spreads. All of these companies are worried about the floodgates opening on them. They dont even realise yet how big that flood could be

Great news Paul, I'll be home about 11:30 tonight and will email you and chat over the weekend:)

I deny any knowledge of it (whatever it is) Speak to you tomorrow Jon I can give you an update then on our last phone conversation

Ok this isnt a complicated as it first appears. Without actually seeing the paperwork I am only guessing of course. What it looks like is that the loan and PPI have been recorded on the CRA as seperate agreements, I have no idea why they should do that. My guess is the third loan is the original credit card debt. The credit card has of course been settled now and so has the PPI after you complained. Have you done a sec 77/78 request for copies of the agreements yet or an SAR ? The first thing to do is an SAR and get all the data back which should help unravel this. I would then do a sec 77/78 request after copies of the agreements and make sure firstly that they actually exist and secondly that the agreements tally with the sar and CRA records. I would also write to moorcroft telling them nicely to keep their noses out of it as the entire matter is now in dispute. I tend to ignore a DCA as I am usually up to my neck pushing the original creditor against a brick wall Until you get the data and agreements back its not going to be easy working out why they have recorded things in the manner they have.

If I had time this morning I'd stop in for breakfast See you all later I have a 200 mile drive to work now

Good Luck Teatree keep us informed please:)

Let me finish my coffee please Birdie, now go back to bed and stop being a slavedriver

We can take a while but we always get there

But aren't they enforced under local council bye laws ? That seems to be how it works as every area has a different address to send payment to. I also understand the money generated goes into local council coffers and notinto central government.

Stornaway, If they have not supplied a credit agreement within the timescale allowed BY LAW then the LAW says they can't enforce it until such time as they do produce the agreement. Sure they will keep trying but stick to your guns and they will back off ultimately. I recently had a threat of a doorstep agent calling and I waited in deliberately for them and guess what ? nothing. I am now going to tell them I am adding a days lost wages to the amount I am claiming back. This is for an account where they only sent an application form back in August last year. I havent paid a penny since and have no intention of doing so. IF they actually record a default then that too will go into the claim. In almost every case where an agreement hasnt been forthcoming it's because they dont have one that will stand up in court and they know it. They then try to convince us through various means and threats that they are right. We cant really expect anything different from them as this is going to cost them millions and its through their own negligence.

It's not so much they are economical but that they twist it to suit their purposes. If they can persuade us they are right then we meekly pay up even when they are obviously worng if we use a bit of thought.

Employing a DCA or any other form of collection agency is also considered enforcement. The ONLY way they can enforce it is if they get a court order saying it can be enforced. Any other method will be considered as another offence. The term enforcement actually refers to enforcing the contract and it's T&C. That will include trying to enforce payment under the standards T&C. Ergo they need court permission.

Visa is a form of running credit and therefore falls within the scope of section 78 of the CCA. They are trying a 'standard tactic hoping to convince you that your wrong. They are covered and a sec 78 request for the agreement is a legal right you have.

I think things liek parking offences are a breach of local bye-laws and not actual acts of parliament.

How does this sound: An act of parliament as passed by both houses and accepted by the Queen clearly states an offence is committed. That makes it an offence against the Queen and the people. That is usually the grounds for a criminal investigation.

Thats the gist of it as soon as anybody holds data which can personally identify a person the they fall within the scope of the DPA.

Nahhh start working on your court bundle so it's ready and waiting for all the extra evidence they give you and your not panicing at the last minute

CAG itself is a registered data controller but I suspect this will operate seperately, owing to its nature.

I suggest you stop phoning them immediately and put everything in writting. Also refuse to answer any calls from her by refusing to answer security questions. That should push them into committing it to paper which will boost your chances of winning if it gets into court.

Then it should be fun when we set off that bomb we have been nurturing all this time

That will be a first

one question comes to mind here. Are these people even on the same planet as the rest of us ? Somebody needs to tell her in no uncertain terms that persuing it once court action starts contravenes every rule in the book and could even affect any case they have.

Ahh ok as they should have been served with the claim summons well before any hearing date. at that point when they have to acknowledge they should stop all enforcement action until the court claim is resolved.

Are you saying the summons has been served and they are basically ignoring it ? Certainly sounds like a proxy acknowledgement to me

somewhere I have seen a list of how the blobs work but forget where. Basically a newbie with no rep giving a click is worth 1 point. somebody with a lot more experience and rep can be worth 10 points per click. I forget how many clicks constitute a new blob but its a lot of newbies and not many highly authoritive clicks