Thread: HSBC No CCA - can i reclaim PPI?

moved to the PPI forums for some advice and changed your tittle a little hope that is ok

ida x

Originally Posted by BigDave1098

I currently have a HSBC credit card. I started making enquiries about my Personal Protection Insurance(PPI), as I had personal protection insurance through my employer, so I didn't need the HSBC PPI.

I've sent a number of enquiries to HSBC. In summary they don't have the original credit card agreement and they have confirmed such in writing.

I've done all the usual stuff Subject access request & CCA request etc.

They have sent me a blank MIDLAND 'reconstituted' credit card agreement accompanied by a covering letter giving all the 'blah' about it conforming to a CCA request, true copy etc.

The blank form has no terms and conditions on it, just a reference to their separate terms and conditions. My name has been entered on the top of the form (not my handwriting I hasten to add!), but the address and signature box has been left blank. Also the form is dated by the printers 1994 but HSBC claim my account was opened in 1992 (work that one out!)

I honestly don't know when the account was opened it was that long ago. The SAR request has only produced statement from 2003 onwards. Nothing prior to that date. I have no idea when PPI was added to the account.

I've used the card regularly but I normally clear the balance fairly quickly, so I've not been that bothered/noticed the PPI. Its only now that I realise the PPI was optional. I always thought it was compulsory.

Since 2003 I've paid about £3,000 in PPI. I could have paid more prior to this date, but HSBC cant supply any statements proir to that date.

I've tried several times to negotiate a settlement for the mis-selling of PPI, but HSBC are completely stonewalling me.

I've kept up the payments on the card. I've not missed any payments or defaulted at any time.

What next?

Do I go to Court to get the agreement declared unenforceable or do I go to the fos (I know they're reluctant to look at a PPI complaint if the original agreement is not available)

Any advice greatfully received.

IMO complain to the FOS with copies of everything you have, letters, emails anything at all to do with the account. The FOS will press HSBC for the information and it will cost HSBC £500 for the trouble of the complaint. So do not delay, claim your money back or at least let the FOS get your money back. Remember 90% of consumer complaints are being upheld.

I have just recovered nearly £400 from HSBC and overall over £18k from DLFS/RBS/LV/HSBC and still have to hear from barclays with possible claims against LTSB

It is all worth the effort IMO