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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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HSBC Credit Card


rudy691
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hi guys. im new here and cant understand all those procedures...i think ive read too many...

 

here's the deal:

 

i have a credit card with HSBC (Mastercard). there is about 1250 quid on it with the 1300 limit. im in kind of difficult situation right now because my wife is 8 months pregnant and we're struggling a bit now. so i wanted to check if i can have this debt written off... credit card was taken in July 2006. the other thing is that they have raised my credit limit without agreeing that with me. at first i had 750, but now its 1300...

 

so, will somebody be king enough to explain me how to get that debt written off ? this would mean a lot to me and my wife.

 

Thanks

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Hiya rudy691 and welcome to the HSBC forum :).

 

Much has been written about getting credit debt written off because of legal loopholes and yes it is possible under certain circumstances.

 

I think the general feeling is the banks deserve it because they have been and still are being such idiots but morally you have had this money and spent it so you should really pay it back even if its at a much reduced rate and on your terms not the banks.

 

So on that basis you need to send off a Consumer Credit Act section 78 letter, its letter "N" in this thread, suitably edited to your own circumstances.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

see what they send back, post it up here and one of us will have a look :)

 

pete

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Hi Rudy,

 

The common address seems to be......

 

HSBC BANK PLC

8 CANADA SQUARE

LONDON

E14 5HQ

 

There are others too, a quick search for HSBC address in the search would help if you dont like this one!

 

As for the postal order, I left mine with no name on it and they sent me some completely inadequate useless CCA, so I would leave that part blank (If anyone knows better please do not hesitate to correct me)

 

Good luck, and be prepared for a lengthy battle!!

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Hi Rudy , welcome to the forum :)

 

To save Canada Square from having to forward it on I would send it direct to :

 

UK Data Protection Compliance

HSBC Bank plc

Griffin House

4-01, 41 Silver Street Head

Sheffield

S1 3GG

__________________

 

Oops ! sorry PD - I've just noticed your link :oops:

Edited by johnnymitch
Grovelling apology ....... lol

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Thank you .... :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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  • 2 weeks later...

Time to send the call-up then rudy ... :)

 

CCA Call-up letter

Reference ....... (your letter of xx xxx xx)

I am disappointed that you have failed to respond to my request for a copy of my Credit Card agreement to which I am entitled under the Consumer Credit Act 1974 (Sections 77−79). A copy of this letter is attached for your convenience.

I have previously enclosed a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I am sure you also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Failure to respond positively will be reported to the Financial Ombudsman Service and the Office of Fair Trading.

Yours faithfully

You could add :

"PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) "

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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its not been 12 working days yet ;) i'll a couple more days. letter was delivered on the 6th of August and signed by somebody called Griffin. Ive send them a message through online banking that i will send a call-up letter in the next few days. Thx

Edited by rudy691
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hi. ive send a message through the online banking. ive included the cca request text in full:

 

Dear Sir/Madam

 

Re: Account Number: ----------------------

 

This letter is a formal request pursuant to s.78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

 

Yours faithfully

 

 

i wrote that i will send them the call-up letter soon. they've replied to my message, here's what i got:

 

"Thank you for your e-mail dated 16 August regarding the copy of the original agreement form.

 

If you wish us to provide you with the original copy of the signed Terms and Conditions then please write to the following address:

 

HSBC Bank plc

Chartwell House

365 Chartwell Square

Southend-on-Sea

Essex

SS99 2UU

 

However, if it is related with transaction disputes then please mark the envelope as 'For the attention of Transaction Queries'.

 

The External fax number is 01702 363182.

 

I notice your card account is currently being dealt with by our Cardholder Management Team.

 

For further queries, please call them on 08456 077 088 from UK or on (44) 1702 576 826 when calling from abroad. They are open from Mon - Fri 08:30- 21:00 and, Sat 09:00 - 13:00(UK time). They will be able to advise you.

 

 

Kind regards

 

Supratik Sarkar

Customer Service Team

HSBC Card Services"

 

what do you think ?

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This is all done to confuse you IMHO, rudy - it's a pillar-to-post shuffle hoping you'll give up and go away ....

 

I would send the call-up to the original address (Data Protection Team ) wtih a covering letter saying that it is for them to contact any dept of theirs which is responsible ..... it is for them to produce the info you require, and that failure to comply within the next (?) days will result in a report to the Information Commissioner .

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Isnt it a bit strange that they didnt send me anything at all ? Not even a blank form ? What is the waiting time after that call-up letter ? Thx

Edited by rudy691
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letters ready to be sent tomorrow ;)

 

- call-up letter:

 

CCA Call-up letter

 

Re: letter sent on 5/08/2009 (delivered on 6/08/2009)

 

I am disappointed that you have failed to respond to my request for a copy of my Credit Card agreement to which I am entitled under the Consumer Credit Act 1974 (Sections 77−79). A copy of this letter is attached for your convenience. There is also a copy of post office receipt to prove that letter was sent.

I have previously enclosed a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I am sure you also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Failure to respond positively will be reported to the Financial Ombudsman Service and the Office of Fair Trading.

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

Yours faithfully

 

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i have also add letter about my recent contact with cust service through online banking ;) here it is:

 

I have recently contacted your customer service through online banking regarding my CCA request. Here’s the reply:

"Thank you for your e-mail dated 16 August regarding the copy of the original agreement form.

 

If you wish us to provide you with the original copy of the signed Terms and Conditions then please write to the following address:

 

HSBC Bank plc

Chartwell House

365 Chartwell Square

Southend-on-Sea

Essex

SS99 2UU

 

However, if it is related with transaction disputes then please mark the envelope as 'For the attention of Transaction Queries'.

 

The External fax number is 01702 363182.

 

I notice your card account is currently being dealt with by our Cardholder Management Team.

 

For further queries, please call them on 08456 077 088 from UK or on (44) 1702 576 826 when calling from abroad. They are open from Mon - Fri 08:30- 21:00 and, Sat 09:00 - 13:00(UK time). They will be able to advise you.

 

 

Kind regards

 

Supratik Sarkar

Customer Service Team

HSBC Card Services”

--------------------------------------------------------------------------------------------------------------------------------------

I want to inform you that it is for you to contact any department of yours which is responsible, it is for you to provide info I require and failure to comply will result in a report to the Information Commissioner.

Regards,

 

 

 

 

 

 

so can somebody tell me what is the waiting time now ? thx

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Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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