Oh boy! you know how to bring them out of the woodwork. If you haven't done a data protection request yet I would read this tread http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html as the card companies are playing tricks like copying your signature and putting it on documents that are unsigned or just sending you a agreement with no signature under section 78 of the credit act. The next steps are up to you. You can use the unenforceable agreement as a bargaining tool to get a 30-40% full and final settlement deal or a reduced deal to pay off over 10 years. You can not pay suffer the debt collector letters and phonecalls while sending template letters reminding them that they have not forfilled their obligations under the consumer credit act (send recorded and do not sign) Then if they take you to court you can get further help here. Or lastly you can use the templates available here until you are satisfied a judge would rule this uninforceable and take them to court. Be warned it is a bumpy road and they don't give up easily. Myself I have been paying reduced payments to 7 debtors for nearly a year now while declaring war on Amex and Nationwide credit card as their agreement weren't anywhere near valid and they gave me such grief with debt collector agencies.

Anyone?

That's it in a nutshell. They sent me a copy agreement dated 2003 which had been altered by Nationwide after my signing and no terms and conditions so plenty to contest. The agreement is for a credit facility but they didn't provide this till 2008. Surely this would be null and void by then.

Bump - Anyone know how soon a credit card company has to provide a credit facility or token after signing an agreement before it becomes dormant or inefective.

Hi, Have been looking through the forum for over an hour now but can't find the information I need. Have a joint overdraft with Halifax and have gone into a dmp plan with cccs. The overdraft is for 3k and we are slightly over but of that amount £1800 is purely bank charges and fees. Have got all the details of the charges but despite several phone calls and 4 (recorded) letters can get no hardship form from them to claim now. Also asked 3 times with the appropriate payment for a copy signed agreement with original terms. This account is about 12 year old and the overdraft was virtually thown at me without request. Main question is what special rules are there for an overdraft facility (section v?) and are they subject to the same cca rules? Waht information do they have to provide for this debt to be legal? To me they have charged my account for the fees and bank charges but as this is negative I have in effect paid nothing so why should I claim back money I haven't given them but I know the law aint that simple. Thanks

mp - morgage protection maybe!

It is hard to know if you have deleted parts such as your signature halifax's signature ect. It does also say on the bottom page 3 which begs the question what about page 1 and 2.

Just a word about Halifax. They are very quick to send you out the copy statement so you can plough through and claim your fees back (over £1800 in my case - they offered me £24 to settle in full!) Just try and get a hardship form from them though. Have written 4 times (recorded) and phoned around 8 but still no form.

Hi have had more than enough hassle from nationwide credit card and its collectors to turn and say enough. After much letter writing am in possession of what they claim is the agreement that covers this debt. Question is this agreement was signed by me in early 2003 and clearly dated but no credit of card was profered at that time. I got their card early 2008 had no idea where it came from but still used it as it was that or be taken to court by another creditor. (stupid I know) Does anyone know the legalize as to how long it has to be before an agreement is null and void down to the creditor not supplying the credit token applied for as this does seem very strange. thanks

Also currently dancing with Amex who I am sure haven't got a correct agreement and dispite numerous letters have failed to produce my correctly signed agreement with original terms and conditions. Latest twist is a little baffling. Rma resolve have been handling this for amex for months but just got a letter from united creditors alliance demanding full payment blah de blah and sticking on a £671 file handling fee. Did some research and united creditors alliance isn't registered at companies house and seems to be the old name for Rma. Phoned up the number quoted on the letter and lady answered from rma. Asked to be put through to united creditors alliance and told they were not currently available but she could discuss the case. Very bizarre a file transfer fee to themselfs! thinks me better have words with the financial ombudsman about this.

Am I correct in saying that failure of a credit card company to supply a copy of the agreement after a valid request and payment of the £10 fee (as well as several reminders) renders the contact unenforceable.

Would have thought the best 'stall' tactic would be to pick one of the charges and issue county court proceedings to reclaim it. Some paper work but believe it is free and also believe you can claim the other charges if and when you get the information you requested. The point is the account would be in dispute and and they would be unable to proceed.

I think it is moraly good to contest these agreements. This country is now on its knees thanks to greedy bankers lending to desperate people who never had any chance of paying these sums back. If we do make getting credit harder in the future them amen to that.

That number is just halifax retail collections. They state they are nothing to do with Albion.

As anyone actually succeeded in doing this? What would be the steps to take? Does been on a debt management plan alter this? Have about 6 cards and can only remember signing for one of them so would be intrested to pursue this without paying the solicitor sharks that have shot up to process claims.