HI thanks for your response, I have one last question i hope because i can't seem to get my head round this. If HSBC have confirmed that they are unable to claim through the courts to recover the amount owing because they have breached the CCA, why do they still have the right to refer any default to the Credit reference agencies. Surely this would mean that as a result of the agreement being improperly executed and untilmately irredeemably unenforceable, you are no longer bound by the terms and condtions therefore you no longer authorise them to provide information about you to third parties including credit reference agencies. I am at a loss now about what to do, because they are constantly ringing about the outstanding debt to a point where it is really starting to get me down now. I just find it hard that the CCA does not go a little further to protect consumers when lenders have clearly breached the regualtions.

Thanks very much for your quick response. If i decide not to pay will this they notify the credit reference agency

Hi this is the first time i have posted on this site but done a lot of reading. I am currently trying to get my HSBC credit card written off. They have provided me with a copy of the signed agreement, but it doesn't contain all of the prescribed terms and as i believe is unenforceable and the courts can't enforce it either. I have written to HSBC advising them off this, but they have replied stating that they are aware they can't enforce the agreement through the courts but this does not mean the agreement is void therefore the debt will still remain. Can anyone offer any assistance on where i go from here as i feel i have hit a brick wall now and don't know how to proceed.