Don't recall signing anything since that time. I guess if I did SAR them then I could see what they produce? BRW, what makes you think it was on microfiche? I thought it was just a photocopy and that would explain the black background. Are the conditions of use suitable to comply with T & C? And no signature from them anywhere. It is a strange one, huh?

Sure does! What a loyal customer I have been! It started off as their charge card that you could only use in M & S, then they changed it to a credit card and now it is And More credit card. I guess they deserve a point for finding something that old! Shall I SAR them now just for fun:eek:

?? I am sure someone more experienced will come along and comment but how can they enforce an agreement they don't have? Who is to say there was one in the first place?

Could the mighty Dave take a look at this please http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/153704-could-someone-take-look.html#post1635763 You've been a bit quiet mate, are you OK?

Just wrestling to add agreement that you don't need a microscope to read!

This may be a silly question but it is compulsory the agreement to say it is a CCA regulated etc etc, cos this one doesn't and it is not signed by them. I am guessing M & S do not pass the test. AND they sent current terms and conditions.

Was just reading this thread and it raised an interesting point. If I took out my bank account in 1976 (scarey but true) presumably I wouldn't have given my consent for information to be given to CRA's? Can I complain if my bank then does this? Be interested to see what you find out nickiirko. Any organisation is only as strong as it's weakest link! I used to hear people in my office giving out information that they shouldn't all the time.

Thank you That was in a Scottish court though wasn't it, so presumably doesn't necessarily help us pursuing UK issues?

I am beginning to think I am going mad (always a possibility) but I seem to remember reading about a case where someone sued for damages caused by an incorrect default and the amount awarded was about 100k. Can anyone tell me what the case was - or did I dream this one??:o

I have a Buy to let mortgage with Mortgage Express on a property jointly owned with a friend. We recently had a tenant leave without paying the last two months rent, left the place in a state. We missed one months mortgage payment and got a letter from Mort Ex. My friend telephoned and explained I was overseas and she is both ill and in temporary accommodation due to an insurance claim on her house which has rendered it uninhabitable. She told them we are getting the property back in order so we can re-let or sell ( I wish!) and would keep them informed. In less than a week we get a really snotty letter from them asking for a full statement of income and expenditure about 30 pages long, loads of documentation and all to be provided within 7 days. I only just got the letter and 6 days are up! Seems a bit over the top, only 12 days after the missed payment AND we have been in contact. Have had a number of mortgages with them ( at one point 5 but now just down to this one) and not a blip in 10 years so isn't this a bit of an over-reaction?

I am hoping that since I am no longer in the UK they will think with a potentially iffy agreement there is no point going to court. I guess we will see.

Thanks Dave. I guess if the T & C aren't in the same document, how can they prove that you had that bit or what you had is the same thing they are producing now. Is the onus on them to provide stuff and prove they sent it or is it on us as the borrower to make sure we kept all the bumph?

What if you are not on the electoral register. I am not.:o If they send me a new credit card to my address and I activate it using my security information then surely that address must be a secure place to send things to?

It seems odd that they are prepared to send everything else, such as statements, new credit cards that have not been signed etc to an address but then they ask for more stuff to prove your identity when you SAR them. Why were they sending all that other stuff if they weren't sure it was to the right person? HFC Bank just asked me for a driving licence or passport copy. I said it had been recently proved that a lot of identity theft can be traced to copies of these documents in the post, so as long as they were prepared to take responsiblity if this happened, then I would send them. I would have thought your last address and date of birth should be enough, surely.

I thought it probably wasn't, I just wondered if it was OK if they put the rest of the terms in the T & C as long as they referred to you having signed agreement to them in the form.

Could I ask you to have a little lookee at this one please? http://www.consumeractiongroup.co.uk/forum/general-debt-issues/152718-help-hsbc-cca-please.html#post1623281 or this one http://www.consumeractiongroup.co.uk/forum/egg/152551-egg-advice-r-subject.html Thanks

Can somebody tell me if this is enforceable please? Is it Ok to have the prescribed terms within the Terms & Conditions if the agreement refers to them? http://i341.photobucket.com/albums/o361/BlueSquirrel_2008/HSBC.jpg

PS By the way the T & C is a screen print rather than an original. Is this acceptable?

I issued an SAR to Egg and received in two separate envelopes, copies of all my statements and a copy of my agreement. Nothing else. The agreement (taken out in Feb 2003) does not contain any reference to default charges. Does this need to be part of the agreement or is it OK to be in the T & C? They have sent T & C which refer to charges in section 17 but there is no section 17. The agreement also refers to section 16 and there isn't one of those either. So somehow these two documents don't link up. The interest rate is shown as a monthly rate of 1.093% 12.3 % APR but then later in the document as 1.093% 13.9% APR. Clearly it can't be both? Also the agreement refers to a 0% rate applying until 1 August 2003 but in the T & C as 1 September 2003. The agreement sent is a screen print so I am not sure whether they have the original but there is no way to tell whether both pages are the front and back of the same document. The signature on behalf of Egg is pre-printed and dated prior to mine yet the agreement states that "this agreement will only be binding by us when we have completed and satisfied out final checks and other searches and you have signed and returned the agreement to us." Is this acceptable? Any advice on the above would be much appreciated

Thanks BRW for your reply above. At the risk of sounding like a thicky, who do you suggest using only Postal Orders, is it to conceal details of your bank account or so they can't see what your signature looks like or... something else I haven't thought of!

I used to have an account with Experian before I realised what they were up to! I was going to SAR them, but I have moved house since I had the account. Would it be better not to contact them so they do not have my new address?

Recently sent off my letters to a number of credit card companies requesting repayment of charges. Have had replies from Egg and Marbles, both tellling me their charges are lawful and in their T & C blah blah blah. Marbles, whilst heading the letter "a complaint being investigated by..." has then not mentioned a complaints procedure. They have also advised they do not accept the findings of the OFT. Egg have mentioned the FOS and enclosed a leaflet advising me that I have 6 months to contact them. It does not say Final Response letter so I assume I go back to Egg at this point. What now?

It's a good job I had a sex change, changed my name and moved to Planet Zarg. If they still catch up with me we're all doomed!

So... if you have given permission for a company to check your CRA record when you take out a credit card with them, does that mean they can go back and have another look whenever they feel like it? I had a credit card company reduce my credit limit recently as they had done a "review of my current financial situation." Where did they get this information from? I was not in arrears on this card, nor had I had any problems with them in about 10 years.

So recently my husband was refused permission to talk about his own account as he apparently did not give the right answers to the security questions, but insurance companies, banks and the DVLA can sell our information to whoever they chose? That is appalling.