I tried the 31.16 route with MBNA but they have just ignored me. I've never used the S77 route as I've always thought that SAR was the way to go. I guess if I don't sue I'll never get anywhere. Thanks for the heads up.

Cap One have just sent me a letter saying that they don't have to supply a copy of the original signed agreement. I thought they had to supply copies of all info they had including copies unless it would cause unreasonable effort on their part (Section 7 an dthe notes thereof) Any thing that I can throw back at them. All my creditors now seem to be doing this. I suspect it is a concerted delaying tactic.

I don't know if I am unlucky or this is no symptomatic of what is happening, but I have had SAR's to NW, barclaycard, lloyds and MBNA all returned with either just statements , a schedule of charges or lists of transactions. No agreements, no terms and no application forms. Anybody else had this bullsh*t. Is there a compalint letter to the ICO?

I have had a response from MBNA which says, here is a copy of teh executed agreement (which there wasn't), but which also had the sentence " A copy of the signed credit card application form and agreement is not available due to archive retrieval issues. Now my first thought is that if they say they can't get it out of the system, who is to know if they have it or not. If I don't know whether or not they have it, how can I take them to court to get the acount ruled unenforceable. A complaint to the ICO will be pointless. Anybody else had this, and what did you do.

I did the SAR and got a load of statements and ver little else. No agreements etc.HSBC have been taking cardholder protection repayment for years, but they have no documents to show how or why they deduct it every month. I have asked for all thjis to be re-imbursed as they cannot show I agreed to it being taken or that I benefit from it. It is the same with Barclaycard. Theirs is a Payment Protection Plan. I intend to sue for a ruling that the agreements are unenforceable ( they haven't got any), they are missuing my data, and for the return of PPI. I just wondered if anybody else had trouble getting them to even acknowledge a letter.

Citizen B you are a star. Had a great hour reading these. All set to go myself now. When I'm up and running I'll post how I'm getting along.

Hi I'm struggling to get any real answer to my question. I know my agreements are unenforceable. I need to know now how to get a court to declare that fact rather than simply not pay. If anybody has taken a such a case through can they look at this thread and reply on the thread please not here. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/193565-no-valid-agreements-after.html

Thanks Harrassed. The general advice seems to be to stop paying, they add defaults, it gets passed from pillar to post, and hopefully they never enforce. I want to be more proactive, I actually want to get a court order that says the account is unenforceable. Some one on here must have done that, if not I wonder how truely effective everything we are all doing is, if it mucks up your credit file. This may sound like a moan, but I think it is a genuine point as many many people are joining here all day, and I'd like to be able to say, hey this is how you do it.

Yikes... there is a thread that is called something like " Don't do a CCA request if you want a true copy of your agrement" or something like that. Think it was put together by Stephen on of the site team.

The problem is tho' if I send them £1 and a CCA request I get blank t's and c's which they can supply under the 1983 regs, which has been debated in great detail. As I say everyone else I've written to has attempted at least to supply the application or agreement. I actually think they need supply me more than the info they hold the Legal Guidance to the 1998 Act at 4.1 Right of subject Access specifically refers to copies of documents, except where it is disproportionate. Anyway just thought I'd flag it up as it has been difficult in the past for people to get the documents that they want to know exactly how they stand

It's so frustrating as if I complain to the ICO, it will get clogged up for months and he will simply write to them asking them to comply. I will do that if they fail to deal with my second letter. Thanks

Thanks Diamond girl, I'm happy with where I've got to. I just need some help with the last step. Do I issue, if so what do I caim and how. I would like to share experiences with anybody who has taken steps in court to get the credit balances reduced to zero but I can't find any.

I'm a little confused by some advice on here. I have done my SAR's and got back my statements, and in sime cases copy application forms. In no cases have I got an enforceable agreement. What should I do now. I'm not paying people anyway. Do I need to get a declaration now that the agreements are unenforceable, and would this force the card companies to write my card off, and would it force the ref agencies to clear info on my credit file. What have others in this position done? I really want to nip things in the bud rather than simply not pay and have to continue with handling calls from debt collectors.

But The CCA request just ends up getting you blank T's and C's. I thought the SAR got you copies of whatever they had. It has for all my other cards. I suspect that haven't got anything. I've written back quoting the ICO guidance on what they have to supply which indicates copies of documents unless it would be disproportionate for them to provide it. It can't be disproportionate to supply a copy of a few pages of an agreement so they are stuffed.

Thanks for that. I wasn't aware that I should follow up with a further request. Will do that. I have posted this question on the debt collectors forum.