Thanks H&P for your input. The account is already in dispute, they have sent a signed agreement that is blacker than the coalface so told them to try harder. They responded with a blank form basically saying it was near enough. They will be told to go away until they comply. Thanks again. greatburdon

Bump.............

Have had an agreement from Cabot which was unreadable, complained and they have now sent a legible blank copy of the terms that would have been signed, according to them!! As they still have not complied with the CCA I assume a bog off letter is in order? Maybe a CPR 31.16 request to see what they will produce in court? greatburdon

Hi angmarie .. Not to sure really, think it was circa 2002. Hope things go well for you and the support on this site is awesome. greatburdon

CARD is my favourite word for today. ;-) Are you still battling with Crapital? gb

Thanks for that sunflower it is most helpful. Will be sending the 'can I visit you' letter and see what response I get. gb

Thanks again for your input sunflower. I understand all the points you have made and will draft the letter accordingly. Going to wait a while before I respond (unless pushed by them). Have other issues as a priority so they can swivel. Hope you and hubby are well, don't let the bar stewards grind you down. greatburdon

Big thank you to everyone...The file is now 'closed', until they can find or manufacture an agreement :grin: The fight continues elsewhere but one load of monkeys off my back! greatburdon

Like the sound of costing nowt. Will keep in touch as and when. Take care .. greatburdon

31.14 ?? What is that please. I will put it in the locker until it may be required. ;-) greatburdon

Hi diddydicky, there's no need to apologise your input is valued, thank you. I am not to bothered about the credit file, and not prepared to offer a f&f settlement. They are phoning but I can handle that. I would prefer to go on the offensive but am not sure of what steps to take so in the meantime I will just sit and ignore. greatburdon

Received my SAR and have sent a schedule of bank charges/interest that I wish to recover along with the hardship letter expecting immediate response. As the 14 days that I gave are now up is there a follow up? Perhaps a letter before action? Did have a look in the templates but was unable to track it down. EDIT: Had another look .. Is this it? http://www.consumerforums.com/resources/templates-library/48-bank-templates/112-letter-before-action-bank-charges greatburdon

Hi again ... Have been going through the draft at post #24 and checking the points raised against my 'application form'. Point 1 states that there is the missing title Credit Card Agreement Regulated by the Consumer Credit Act 1974. At the head of my application it is worded Credit Agreement Regulated by the Consumer Credit Act 1974.....So it would appear to me that this point is not valid. Point 2.. prescribed terms .. Not sure if these are in my application/agreement. Point 3 .. This seems to be the challengable point i.e. prove that this is one document. Point 4 ... Does not seem relevant as I can read the document. So does it boil down to the fact that it may not be one document and I need to re-draft just on this point? greatburdon

Thanks diddydicky for your reply. The problem I could see sending the CPR was they would just respond confirming they did not have the agreement and as she says in her letter "we do not dispute that the agreement is currently not enforceable so we see no need for any threatened action by you or a third party to obtain a court declaration to that effect". Therefore what would the CPR achieve? Would it address the issues of collection and reporting? So confused. GB

Bump .. Just looking for comfort that the draft letter is the way forward. GB

Had similar from HSBC i.e. only blank forms and T & C's, sent them a request under CPR to try and focus their minds ... doubt it will but time will tell. Just trying to get rid of the pressure but it seems to be mounting not diminishing. GB

I have drafted this response to the letter dated 4 July (post #7):- Dear Amanda Tretton, I write with reference to the above account number, and your letter of 4th July 2009 the contents of which are noted. Please be advised that no further payments will be made on this account until such time as my request has been complied with, namely copies of a fully compliant signed original agreement as stated under the Consumer Credit Act, as I have not had the opportunity to consider the document which I believe may contain discrepancies which may leave it improperly executed. Please advise your collections team to stop telephoning my contact numbers immediately. I have verbally requested that these stop but I am still receiving calls . Your continued harassment of me by telephone puts you in breach of section 40 of the Administration of Justice Act 1970 and the Protection of Harassment Act 1997. If you continue to harass me by telephone you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading which could result in you receiving a substantial fine. Be advised that any further telephone calls from your company will be recorded for the purpose of evidence and reported promptly to the appropriate authorities. For the avoidance of doubt I again emphasise that no further payments will be made on this account which has been terminated by you. I also expect you to comply with my statutory notice under section 10 of the Data Protection Act given to you in my letter dated 1st June 2009 to cease processing any data relating to this account immediately and rectify the mis-reporting that has already taken place. I will be complaining to the Financial Ombudsman Service regarding your conduct in handling this account and my dispute. I trust this clarifies matters for you. Yours sincerely ANY comments before I send it would be appreciated. greatburdon

Thanks for your continued posts Sunflower, i think your draft on post #24 is the track I will go down. In effect it will be let me see the whole document or shut up. Will see what response I get. GB

Thanks for your input. Godmother I see no reference anywhere to say they are the front and back of the same document. greatburdon

Did they trash your credit file? It still bothers me that they report even though they are in dispute. GB

You have been busy! Current thoughts are to respond saying that isn't an enforceable agreement there will be no further correspondence and just wait for legal action if it ever comes, otherwise we just seem to go round in circles. GB

Thanks again, much appreciated. I will decide on a plan of action when my head is less fuddled. Having one of those days! GB

Thank you for your support Sunflower it is a great comfort. If you have the time I would appreciate your follow up letter so that I can decide what strategy to adopt. greatburdon

True cerber it could well be be a separate doc. just tagged on to look like the back. I have CPR'd them so presumably they should volunteer the doc. that would be produced in court. Posted the same docs. on MBNA thread and sunflower had this opinion: No prescribed terms on front application form! and any betting that that tiny litle slip of paper containing terms they are trying to imply is part of your cca is a seperate documnet and very unlikely to be on reverse of or attached to your signed application form ,Though obviously can never be sure 100% unless it went to court ,But a 2001 not very likely to be enforceable at all and as it is a pre 2007 agreement the second document would have to be on reverse or physically attached to front application form for it to be legally enforceable! I dont think personally that a squat little bit of paper like that would be actually on reverse of that full size application form! and a good chance it not part of the front of application form either! I am in same boat as you that MBNA sent me a application and a page of ts and cs f implying but not actually saying that the second page is on reverse of my appplication form.Also if it is a 2001 very good chance they shreeded the agreement and that is a microfilch copy! which if that be the case will cause them problems in court if they ever initiate legal action as they can be compeeled to bring original to court:grin: Lots of people on Cag with MBNA ccas taken out that year finding that their agreements very likely legally unenforceable ! She also very kindly suggested a response which I may send them. greatburdon

Thank you so much for your replies and the draft response. I have sent them a CPR request recently so it may be that I should take them to court! Will send the letter sunflower thanks, might send it 14 days after typin it like they did. Received Powells letter on 10 july (post marked 9 July) was dated 26 June!! greatburdon