Hi mate, I thought as much, thanks for checking for me, i've offered a really low offer of £50 to thames credit, i explained thats he's been made enemployed and is only 3 years off retirement and he can't realistically afford any repayments as his outgoings exceed his incomings. I've heard nothing yet, failing that offer it'll be a quid a month.

Hi everyone, had a bit of bad luck and recieved another cca from BLS this time, its in regards to a lloyds loan, would you please be kind enough to take a look and offer your opinion as to whether its enforcable or not. I did notice that the PPI box as not been ticked by my relative but has been typed so this may offer up a PPI Reclaim too. Image of BLS CCA - Photobucket - Video and Image Hosting Thanks in advance.

Thats a shame, can't believe they can get awy with this sort of thing.

I recieved a phone call last night from thames credit asking for my uncle who does not live with me but has used my home telephone to contact thames credit before, they obviously recorded the no. Anyway they then asked me several data protection questions, wrongly assuming I was my uncle, I refused to answer the questions and stated that I didn't understand how giving out personnal info would help my data protection when I couldn't actually prove who was on the other end of the line. They then asked if my name was ******** and if i lived at ****** address, interseted to see how far this would go I grunted a yes, I then asked for my debt balance, account no and date of birth. All were supplied without any problems. I then informed them that I was not my uncle and they had just given out a load of sensitive information without proving my real identity, I was then informed they were allowed to do this and the call had been recorded and they hung up. I must add that I am helping my uncle with his CCA's and had all this info already and have informed him of this incident. As I see it they have broken loads of data rules 1) They recorded a personnal no without permission, or finding if that no was indeed my uncles. 2) Gave out loads of info without proving who was on the other end of the line. 3) Recorded the conversation without my knowledge. Should my uncle complain to the OFT and ICO about this. Would love to hear peoples advice,

I will air on the side of caution with that CCA, it would be my relative in court and to be honest he doesn't really understand the whole CCA process. Thanks for all the advice though it's been a huge help, I will get in touch with him and see how he wants to proceed and then get back to you then.

I never relised you could CCA catalogues, that knocks one on the head straight away, all but one have failed to provide CCAs, the one that did is Thames credit, it seems to be enforcable, however there is a mixture of views on it, the thread is below. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/143330-recieved-cca-thames-credit.html I'll tell him to hold of on the full and final then, how does retiring effect the repayment of debts? Thanks for all the great advice so far.

Hi, I'm helping a family member with his debts, we've CCA'd them all, most have been uable to produce anything but one has and he has a couple debts that were from catologes and weren't able to CCA. He's also had refunds back from Bank charges, Credit Card charges, PPI and even DCA refunds. We'd now like to use some of this money to settle the DCAs who have produced a CCA or don't need to. Could you let me know what a realistic settlement figure would be, are we talking 50%, 25%, 10% of the original debt? He has also just been made unemployed at 62. Any advice would be a great help so we can finish dealing with these companys once and for all................Luke

Thanks for all the info everyone, So it loooks like this agreement is enforcable or am I misreading the posts so far?

Hi Pinky, so would you write saying it's invalid because of the incorrect APR and the missing info.

Hi mate, the statements did have the account no and my relatives name and address but I errased them before posting them. The only agrements that they sent are the ones linked in my first post, does that help?

This is all very strange, we rang up the bank today and they informed him it is a credit card that he had with them, his statements apear to back this up, requesting minimal amounts and stating available credit etc, I've posted one up below. Image of statement - Photobucket - Video and Image Hosting Looking at the agrements, neither have a date under my relatives signiture and the credit card account numbers have been writain by hand at the top of the form, in two different hand writtings. His account no changes half way through the statements for some reason too. To be completely honest i'm quite confused by this and he got his financies in such a mess that he doesn't really seem to know how many accounts or loans he's had.

Hi, not too sure about him having an account but i'll find out. The account held by thames is definately a credit card, and this is the acount we cca'd if they've provided a cca for a loan and keycard account then it's a different account altogether. Thank you for spotting this mate.

Thanks pinky. what is a key card account, they also sent statement which make it look like a credit card, my relative also says its a credit card.

Hi, I'm helping a relative with his cca requests, he eventually recieved these from thames credit, who are acting on behalf of Halifax bank of scotland. He had both a loan and credit card and this cca seems to be for both. Could you please have a look and let me know if this is enforceable for either the loan of credit card. Image of thames credit cca - Photobucket - Video and Image Hosting thamescreditcca2.jpg - Image - Photobucket - Video and Image Hosting Thanks for helping.

Good going MJSimon, could I also suggest that you might consider complaining to the Ombudsman about them closing your account. I was awarded £250 in compensation after Nationwide did the same thing to me.

Thats great news but will it unfreeze all the claims on hold or simply continue to delay things by the loosing side appealing?

Hi all, I've just been informed that Weymouth County Court is now automatically staying credit card claims as well as bank charges claims as they deem them to be the same thing. Is this now standard practice or is this a misunderstanding by the Weymouth Judge and if so how would I oppose this.? Thankns in advance Luke

I sent this letter off today I ACKNOWLEDGE NO DEBT TO YOU OR ANY COMPANY YOU PURPORT TO REPRESENT Dear Sir/Madam Account No @@@@@@@@ Thank you for your letter dated 20/03/08. I take note of all your comments raised in the letter but my request under section 78(1) on the Consumer Credit Act 1974 is still outstanding. Firstly the agreement is unreadable. The copy is that poor it is impossible to make out any of the wording. Under section 2(1) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 it states the following: 2. -(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper. Secondly section 78(1) of the Consumer Credit Act 1974 states what information shall be sent with the request. This is the agreement and any other document referred to it. As you have not supplied the original terms and conditions that were issued at the same time as the application form, again the request remains outstanding. Section 78(6) is very clear and states the outcome if the creditor fails to comply with section 78(1) these are: (a) He is not entitled, while the default continues, to enforce the agreement: (b) If the default continues for one month he is commits an offence As you have not complied with my request by sending me a copy of an application form that is unreadable and no original terms and conditions LTSB have committed an offence reportable to Trading Standards, FOS and OFT. Please can you send me a copy of the agreement that is readable and the original terms and conditions. If you fail to do this within 14 days I will have no choice than to report you to the above authorities. I await your rapid response. Yours faithfully Does that sound o.k?

Thanks Bigmac versus and Discmandave for spoting that, I stupidly uploaded the unedited version of the CCA, I've edited the original post to show the edited CCA. O.k then, it seems then that this is an unenforcable CCA, does any one have a template letter to send to ECI? Once agin thanks for spotting my cock up.

Hi all, I wondered if you could help, I requested a CCA from ECI on behalf of a relative, months later I recieved this. ECICCA21.jpg - Image - Photobucket - Video and Image Hosting ECICCA11.jpg - Image - Photobucket - Video and Image Hosting Sorry about the links but I couldn't work out how to upload pics. Anyway to me it doesn't seem enforcable. 1) its impossible to make out clearly 2) I see no signiture on behalf of the lending company 3) I see no title stating its a cca. Could you please have a look and let me know what you think and what I should do next. Thanks in advance Luke

Hi all, i'm wondering if someone could tell me where I stand with with this situation. My microphone went on my sony mobile, it was still in warrenty so phones 4 u sent it back to sony to get repaired, I wasn't give a curtiousy phone. 32 days later my phone was delivered to my house but the fault still remained, I took it back to phones for u to complain. The guys in the shop were really helpfull and did alot of ringing around on my behalf, I explained that I needed a curtiousy phone it was explained to me that they don't offer this service but the manager actually lent me his spare phone in the end. So my phone was once again sent away, I then asked what happens if its not repaired this time, I assumed I would be given a replacement phone, but apparently the phone has to go back 3 times before it can be replaced. If they take the same amount of time a further 2 times I would of been without my phone for 96 days, this seems a crazy amount of time. Just wondered if anyone knew where I stood on this one. My thinking is to complain to the OFT and do a small claim to recover the cost of the phone at £175.00.

Quick update, Caboot have failed to find a CCA, nor have Barclays(the original lender). Caboot have now passed the account back to Barclays.

Yes I did mate, good luck with your claim against them.

Just posting this as I see very little about people re claiming PPI from Cahoot(abbey). My girlfriend had a loan woth them and we claimed back nearly £800 as we thought the PPI was mis-sold as she wasn't told it was optional. Even though the policy wasn't actually sold as it was an on line application, Cahoot still refunded the PPI on the grounds that they couldn't prove that she was made aware it was an optional extra. We did complain to the ombudsman prior to the pay out, but they never investagated the claim due to their waiting list. So Cahoot coughed up on their own behalf. A good result and i'd recommend eveyone to do the same if you've had a loan with them.

Thanks everyone for your help, I guess by sending that letter by recorded delivery, it takes away from them the excuse that they've never recieved any correspondence at all. Its a pity the courts don't offer you the option to send their correspondence by recorded delivery for a fee, it would deny Citi another of their delaying tactics then.