ok, thanks for explaining. I do get this, I just want HSBC to admit they havent got an agreement, or to confirm that the application form they sent is "agreement" and then I could prove that it was unenforcable. As they didnt send it with the SAR does this mean that this will count as "my agreement" or could they just produce a valid one in court? (ie un-"reconstituted" one). So, could you explain what I need to do now then please? I havent got a court date yet, I sent the allocation form in at the end of October. I have got copies of all the letters I sent to them and all of their responses and postal receipts for the date sent /amounts of postage. how do I serve a notice of discontinuance to the court and defendant, as recommended? if this is what I need to do now.