Hi

You have tried to obtain a copy of your agreement under the CCA 1974 and so far they have not provided one.

The next step I would suggest is a subject access request(SAR) to the companies Head of compliance (Data Protection Officer). As the request is dealt with under the Data Protection act and not under the CCA, the request is normally handled by staff within the compliance unit. While they handle the SAR, you could request that they suspend collection activity, as you are concerned that they do not have an enforceable agreement with you.

There is a letter under conmankillers post within the following thread which should be ok. http://www.moneysupermarket.com/community/forums/t/sar-template-36954.aspx

The point of making the SAR request is that if they failed to provide a CCA capable of being enforced, it would be difficult for the company to take you to court. From what I have read under other threads, any judge would take a dim view of the company not complying with your requests for information.

It will cost you £10 to make the SAR request but it is worthwhile in regard to the overall process you have started. Even if they don't send you a copy of your orginal agreement, it will show they either haven't got it or have not complied with your proper requests.

As they have applied a default you have a long road ahead of you until the 6 years statute barred period comes up and even then they will harass you. During that time, the debt will be continuously sold on, with loads of letter, phone calls and possibly doorstep visits. Your only hope is that at some point the company offer or accept a reduced amount to settle the debt or you manage to take action via the courts.

Perhaps once you have received the SAR information it may be wise to consider talking to Citizens Advice, Payplan, CCCS or similar for their advice as to the best way forward.

Huckster

I have looked at some previous forum entries about unenforceable Credit Card Agreements.

I have written to the GM Card (HFC Bank) to request a signed copy of the agreement, and they have failed to supply this. What they did supply was a few details about my Card such as the date started (date was wrong right month wrong year) current balance owed (rounded to nearest £100) etc.

They also sent me copies of the last 6 months statements (should have been every one)

They also sent copies of the promotional literature about the Credit Card but I believe this to be a copy after the Credit Card was instigated as there is a mention of a date after the start of the card.

Nowhere was there a signature of mine.

So I left it for the extra 30 days and sent them another letter (got template of another thread on here) which stated that they had failed to supply what was requested under the Consumer Credit Act secton 77/79 and that I no longer acknowledged a dedbt. Since then despite asking them to respond within 14 days it has now been a calendar month and all i have received is no end of calls chasing missed payments of the minimum monthly amount and now I have been given a default notice and advised that I need to pay the arrears before 2nd November and If I don't act then they will terminate the agreement and insist on immediate repayment.

What should I do now as they seem to have ignored the letter from me (i know they got it as I sent it recorded delivery and I have proof of delivery and the signature / name of the person that received it)

If you want me to put the tempates I used on here then I will.