HSBC Credit Card CCA Request Blank Form Received

[Azazal23]

CCA HSBC and they have sent me a a blank application form back stating they do not have to send me they dont need to send me a copy of the original signed agreement just a copy of the agreement i would have signed is that right?

[johnnymitch]

Would this be what you're looking for azazal?

Section 61 form the CCA 1974:

61.—(1) A regulated agreement is not properly executed unless

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner.

[dpick]

Hi under CCA request and copy of documents they can just send you a blank agreement but and this is a BIG but if they try to enforce throught the court they would have to produce the original signed agreement or a copy of the original signed agreement as in photocopy or microfiche etc.

 

For this reason I now use a full sar to include all documents applicable to the inception of the account in the sar. They have to send you the original or a copy of the signed agreement under the DPA 1998.

 

dpick

[Azazal23]

Hi

 

Well they are trying to enforce the agreement becuase they have Metropolitan CS chasing me, does this mean then if they do not produce the original within 12 days they are in default, and cannot enforce the debt until they do

 

Thanks for the help

[johnnymitch]

Have you sent them this one azazal ?

 

Credit Card Formal Complaint Letter Before Action

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

[johnnymitch]

You might also find this useful (courtesy of pete castlebest)

 

Consumer Credit Act section 77

Consumer Credit Act section 77 - the time scales involved are:

12 days plus 2 before they are in default, then:

a further 30 days before thery are committing a statutory offence.

Here's the wording from the act;

(4) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

So after 14 days write and say they are not entitled, while the default continues, to enforce the agreement

And after a further 30 days write and confirm they are committing a statutory offence

[Castlebest]

Hi

 

Well they are trying to enforce the agreement becuase they have Metropolitan CS chasing me, does this mean then if they do not produce the original within 12 days they are in default, and cannot enforce the debt until they do

 

Thanks for the help

 

Correct and for your information Metropolitan Collections are listed at companies house with no employees no one works for Metro its just a letter head that HSBC use to frighten you and fool you into making a payment.

 

Just tell us what Metro are saying and we will tell you how to reply to the idiots

 

pete

[thirty-n-fat]

I am in a simlar situation to others in the thread. I have received a blank "creit card request form", a statement, a three differing copies of the credit card agreement terms.

 

Additionally, my limit has suddenly decreased to a point where my balance is circa £400 too much and they have demanded said funds immediately - an unfair tactic in my opinion.

 

Am I now at the point where I send the letter from johnnymitch or should I send £10 and request a full section access?

 

Also - do I now stop paying until this is resolved, as far as I can see the worst case is that I gain a few weeks of not paying interest on the account.

[johnnymitch]

hi thirty-n-fat , welcome to the forum

 

I am in a simlar situation to others in the thread. I have received a blank "creit card request form", a statement, a three differing copies of the credit card agreement terms.

 

Additionally, my limit has suddenly decreased to a point where my balance is circa £400 too much and they have demanded said funds immediately - an unfair tactic in my opinion.

 

I would report this to the OFT - this is harassment and against the guidelines .......

 

Am I now at the point where I send the letter from johnnymitch or should I send £10 and request a full section access?

 

You could do both - see what reply comes first - what they have sent you so far is unacceptable . With a SAR they've got to produce what you're asking for - not necessarily with signatures at this stage , but with your name and personal details on it........

 

Also - do I now stop paying until this is resolved, as far as I can see the worst case is that I gain a few weeks of not paying interest on the account.

 

Why not pay the absolute minimum required - until it's definite that the account is 'In Dispute'...... then if it goes to court , you have not defaulted whilst it was in doubt.

 

Come back if you need any more info , someone will answer and we're user-friendly .........

[thirty-n-fat]

Thank you jonny - it certainly is a freindly forum with everyone pulling in the same direction.

 

If I do an SAR, my wife and I have both joint accounts (which are being moved) and this credit car in my name only. Should the SAR be in both names or mine only?

[johnnymitch]

I may be wrong on this , but I would say that one SAR should cover everything with your name on it - you can specify that this includes joint accounts if you like, just so they know....

 

What you should get for your tenner:

 

S.A.R - (Subject Access Request) information, they have a legal obligation to provide ALL of the records they hold on you when you request it. This includes ALL of your accounts ALL of their internal notes and ALL of their correspondence ANYTHING with your name on it, and all for £10

 

They should send you anything with your name on it for any account of yours they have for a single Subject Access Request. This has nothing to do with how many accounts you hold with them its a request for all and any data they hold concerning you, this includes :

 

copies of correspondence

 

copies of internal notes,

 

copies of any telephone recordings or a transcript of the recording [/font]

 

copies of statements of account

 

and last but not least a copy of the terms and conditions agreed to by you governing the account.

 

Literally anything with your name on it or about you... and all for £10.00

 

Here is the address for your S.A.R.

HSBC Bank plc

UK Data Protection Compliance

Griffin House

2-01

41 Silver Street Head

Sheffield S1 3GG

Edited June 12, 2009 by johnnymitch

[thirty-n-fat]

As an update to this I recieved this letter on the 26th:

PROVISION OF PERSONAL INFORMATION

Thank you for your request for the provision of personal information. This was accepted for processing on 25 June 2009.

I confirm that this office will instigate a search for information on your accounts as stated on your request and in accordance with the Data Protection Act 1998.

The Data Protection Act allows 40 days from receipt of your application by the bank for the processing of your request. The data will be dispatched on or before 3 August 2009 by courier or, alternatively, you will be advised if no information is found as a result of the search. Your signature will be required by the courier to acknowledge receipt of any personal details provided.

If you require further guidance, please write to me at the address given on this letter, or telephone our helpline on 01702 363015. Voicemail is available on the helpline extension for any messages taken out of hours.

 

And then today (2nd July) this:

REQUEST FOR THE PROVISION OF PERSONAL INFORMATION

Your request for the provision of personal information has been passed to the UK Data Protection Complicance department by HSBC Card Services.

Before a search begins we need to establish your connection with HSBC Group to ensure that all relevant information is provided to you. Due to the highly sensetive and confidential information held about our customers, we need to be confident that you are verified beyond doubt. Unfortunaely, your signature does not match our records and we are unable to verify your identity.

To enable us to proceed with your request you will need to visit your local HSBC branch and take with you

proof of identification such as a passport or driving licence with photograph and signature. We have also attached an application form for you to take with you to the branch. On reciept of the completed form (s) and the appropriate fee (s), (origianl destroyed for security pruposes) this office will send an acknowledgement letter to you and begin a search.

Please note the fee is an administration charge and will not be refunded if no information is found.

before you decide to progress a full search for information we may hold about you, please take time to read the full contents of this letter, as such a request may not provide you with the information that you require.

A full search may deliver more information than you need. The bank operates a number of diverse systems that may provide current, historical and duplicate data. This can result in numerous printouts being provided, often containing repetitive information, which may not answer your specific queries properly.

You may find it more beneficial to request certain information from your local branch and. if so, we may be able to resolve your query quickly by providing a combination of specific data, guidance from your branch account manager and , where necessary, itemised printouts. The fee normally charged may be waived if a local search is undertaken.

Please note details relating to a limited company do not fall within the terms of the Data Protection ACt 1998.

If we can not establish an existing customer relationship, or if addresses held on file either differ to those supplied by you, we may ask you, to collect any information found from an HSBC branch chosen by you. If you are asked to collect information from a branch and you are not known to the staff some proof of identity will be required, for example a passport or driving licesne, with photograph and signature. This action is to protect the confidentiality of our customers and to prevent ffraudulent requests for information.

If you require further guidance, please write to me at the address given on this letter, or telephone our helpline on 0114 252 92695. Voicemail is available on the helpline extension for any messages taken out of hours.

 

As I sent my request (recorded) on 16th June does the 40 days start from that date?

 

The form they have sent requires a further payment of £10 and Im not sure how to proceed - will they try any tricks?

[johnnymitch]

They're already trying tricks TNF , this is a time-wasting ploy to try to put you off ......... these letters are coming out more and more now as they attempt to play for time ..........

 

Have a look at lee 32 's thread and you'll see exactly the same stuff.....

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/188794-hsbc-cca-non-compliance-3.html#post2183620

 

In fact if you follow what lee did you should be able to tell them where to get off ...... btw the 40 days should start from 2 days after you posted your SAR , unless you have a definite PO tracking date ..... (if you sent it Recorded delivery , keep hold of the receipt it's evidence of them receiving it ) .

 

Come back if you have any further problems , and we'll try to sort them out for you ........

Edited July 2, 2009 by johnnymitch

[johnnymitch]

Oh and also by the way , don't send another tenner , one gets you all you need and they know that !

 

S.A.R - (Subject Access Request) information, they have a legal obligation to provide ALL of the records they hold on you when you request it. This includes ALL of your accounts ALL of their internal notes and ALL of their correspondence ANYTHING with your name on it, and all for £10

 

They should send you anything with your name on it for any account of yours they have for a single Subject Access Request. This has nothing to do with how many accounts you hold with them its a request for all and any data they hold concerning you, this includes

 

copies of correspondence

 

copies of internal notes,

 

copies of any telephone recordings or a transcript of the recording

 

copies of statements of account

 

and last but not least a copy of the terms and conditions agreed to by you governing the account.

 

Literally anything with your name on it or about you... and all for £10.00

 

Send anyone who has not fully complied with your Subject Access Request an LBA stating that if they don't comply you will be taking them to court under the data protection act .

Edited July 2, 2009 by johnnymitch
removing font markings ......

[johnnymitch]

Hee hee - I've just noticed - I already posted this for you on #11 - I'm getting senile ...........

 

I've also noticed that we seem to have taken over azazal 23's thread - sorry azazal 23 - we'll move it if it's confusing you ?