Thread: HSBC Credit Card

I sent the standard CCA request for a copy of agreement with £1 etc at beginning of January, some three weeks later I was issued with a blank Application Form instead with just my Christian name written on the top, nothing else at all, just application for a card, and terms should I be successful.
I later received staements of account. dating back 8 years onwards.

I wrote back requesting that they please send me what I had asked for and today I received a letter back stating that

In the absence of any legal justification for doing so, we do not propose to provide the other documentation and information you have requested.

They also went on to state that they do not agree with my position that the debt is not enforeceable in the absence of the requested document and have a legal right to persue me.

I am somewhat bemused as I never stated in my letter that it is now unenforceable, In my second letter I politely asked that they adhere to my request and supply me with the document I had requested.

My position is although I have financial difficulties, it was not my intention to avoid payment for debts I have a legal obligation to.

I know that I never applied for this card, it arrived courtesy of the bank manager, but of course I used it, so therefore feel morally obliged. The main reason for wanting the CCA was there has been excessive PPI charges of which quite obviously I have never applied for if I didnt apply for the card in the first place , then that would be obvious.

How do I proceed with this. Do I make a minimal offer whilst i persue them, or what. I am a pensioner and getting legal worries me, I just want to get it right and to avoid them taking action against me.

Thank you in anticipation of any help or advice, I really appreciate it.

Thank you

Hiya Katiloo and welcome to the HSBC forum .

There is no need to worry about anything, the bank use standard letters and probably didnt even read past the request for CCA information heading of your letter .

I'm glad you realise that the "account uniforceable" status of your card will possibly not relive you of the need to pay back the money you have spent on this card but it does put you in a very strong bargaining position when agreeing terms and conditions to pay this back .

I would write back confirming this to them and confirm a figure that you know you will be able to afford every month as a repayment, dont make an offer, state it as fact, your in the driving seat .

With regard to your PPI premium payments you need to total up everything you have paid them to date and enter these exactly as you would with a bank charge into the credit card spreadsheet template in the library here, this will then calculate exactly how much interest has been added to your card balance in respect of these premium payments.

Alter the sheet headings so its obvious its a PPI claim and that will be the value your asking to be refunded.

If your not familiar with the background and reasoning behind a PPI claim I would read some of the threads in the PPI section of the site and start your own thread there

best of luck

pete

Thank you for replying, you have been very helpful.

When I send the payment offer I am prepared to pay in accordance with what I can actually afford. Do I still refer to 'In dispute' for not supplying a CCA.

I am mindful of them selling the debt on to a more agressive collection agency.

Can they do this if I make and offer to pay on an account that they cannot supply a CCA to.

And finally, do I include the PPI claim in with or refer to in same letter or send separate.

Thanks again for your kind advice.

Hiya Katie, your account is well and truely in dispute as its uninforceable so they arnt supposed to employ any debt collection until the dispute is resolved.

If/when they do ignore this fact just write to the debt collector stating the account is in dispute and they should send the files back to HSBC .

I would treat the two situations seperatly for the time being because you know your account is in uninforceable so you can tell them how much they will be getting every month now .

Then when you have sorted out your PPI claim you can tell them how much the residual debt is or how much they owe you .

pete

Thanks again, very kind of you to come back so quickly. I shall get my letters off tomorrow.

Wow that was a shock PPI inclusive of interest comes to £3670. Doesnt cover the debt but makes the remainder really manageable!! Thanks for the tip. Request for refund is going in post tomorrow.

Now you know how the banks make so much money a little bit every month soon adds up

go get them, its your money

pete

I am in a simlar situation to the above.

As I have very little money at the moment and having to fight to keep my head above water, I understand that I can put off the paments until things are better for me but right now I am havng to pay enforceable debts first. The unenforceable one is a big relieft, god knows where I would be without this site!

Does this mean that the debt will sit there forever without interest?

The interest and charges on mine have now stopped. They have accepted a nominal payment per month and I am now tackling the PPI to get the debt reduced to virtually zero.