Hi folks, Just looking for a bit of advice please. After a long and drawn out arguement with HSBC regarding a Credit Card CCA which they have been unable to provide.... they defaulted me for refusing to pay while the account was in dispute and the account went to their collection agency and finally to DG Solicitors. I was able to come to a settlement agreement with them which I am quite happy with as its allowed me over 50% reduction on the total amount.... I requested as part of this agreement that they remove the default issued against me. They have told me that they are unable to do this as it would breach their obligations under the Data Protection Act, but that they would "be prepared to fully satisfy the default registration as opposed to partial satisfaction". My questions are... 1) What would be the impact of this on my cedit worthiness.... is a fully satisfied default still going to prevent me from getting any form of credit? 2) Are they correct in telling me that they cannot remove the default from my credit record? Especially if they do not have a properly executed CCA in their possession?

Hi folks, I have a CC with HSBC which has defaulted and been passed to a DCA. After sending them a CCA request they got back to me a couple of days ago. The CC was opened in 2003, if I remember right I went to a branch for something unrelated and they offered me a CC while I was at the branch so all the paperwork was signed then and there. The last page of the 5 they sent me is where the credit agreement has been signed. I can't scan it in at the moment but below is all it contains... _____________________________________________________ Credit Agreement Regulated by the Consumer Credit Act 1974 HSBC Address My Address "I have ready and agree to be bound by the T&C's attached" Box with "Your right to cancel... blah blah" Box with "This is a credit agreement regulated by the CCA 1974. Sign only if you want to be legally bound by its terms" - Signed and Dated by me. Box with "Signed on behalf of HSBC Bank" - Signed and dated by them. __________________________________________________________ Now my question is - should this page contain the prescribed terms of the agreement? Is it valid as it is?

Hi folks, Was hoping for a little advice here with people who may have been through similar situations. Lost my job about 6 months ago and after trying to keep on top of my credit cards finally realised that I just could not afford to keep paying them with the small amount I am trying to live on at present. I decided, if for no other reason than to buy some time that I would CCA all my creditors, including HSBC (I have a gold card with them). Back in May I sent a CCA and also requested a full statement of account. They finally, after several reminders and well past the time limit sent me a copy of T&C's and an blank credit agreement, saying that it was a copy of "what I would have signed" - but no statement of account. I replied with a SAR requesting an actual copy of the signed agreement and a reminder that they had not fully complied with my CCA... Their response so far has been to issue me with a default notice - which is supposed to take effect tomorrow. I replied with another reminder that they had not complied with my CCA by failing to supply a statement of account as requested and that the account was still in dispute due to this and hence they could not issue a default. I have heard nothing since... and have a nasty feeling that they are going to ignore the letter and apply the default anyway, even though the account is in dispute. Can anyone advise how I can now proceed if they have issued a default - as surely this is unlawful if the account is in dispute?

I might give it a try.... To be honest I am happy playing a bit of letter tennis for a few months if it keeps them off my back while I am trying to sort myself out, then I might hit them with an offer. Both the CCA and the SAR were only responded to after several letters of complaint when they past the deadlines, in addition they have failed to respond to several other serious complaints I have made against them. So I don't feel too bad about making them wait a bit longer!

I want to make them a full and final settlement offer for the account - As you have said, they clearly dont have an agreement or it would have been provided by now surely! Do you think now would be a good time to make an offer?

Hi all, Well after Citi failed to provide me a copy of my original credit agreement following a CCA request a few months ago (They just sent the usual T&C and "What I would have signed") I sent them a SAR for a copy of the original, signed credit agreement. Well, after defaulting on the 40 days allowed... they finally sent me, well, I will quote from their letter; "We have enclosed a copy of the information provided from your application. Please note that the Data Protection Act 1998 does not require a data controller to provide an actual copy of the document requested, only the 'information constituting any personal data of which that individual is the data subject,' (Section 7 (1) © (ii))." They have enclosed a print off of information that was provided with my application... name, DOB, address, job details etc etc. I would really appreciate any suggestions on how I should respond to this!?

Just checking.... if they don't reply to my SAR within 40 days... which they haven't...what is my next step as they seem to be ignoring my at the moment?!

Thanks Paul - I am writing to them now asking why they have issued a default while they have still not complied with my CCA request. I guess the next step then if I don't get anywhere is a letter to Trading Standards?

Thanks for the reply - I will try and scan the copy in. MY main question at the moment is... can they issue a default on an account that is in dispute?

Thanks for the response. One company (Citi Cards) failed to fully comply with my CCA and now have failed to comply with my SAR (40 days has elapsed)!

Hi all, Just a quick question. After sending CCA requests to 2 CC companies, they have just sent back blank agreements and T&C. Now I appreciate that they can do this and still comply with the CCA request... although it does seem a little daft... However, if I send them a SAR request a copy of the original signed agreement can they do the same thing or do they have to properly comply with my request and send a actual copy of the signed agreement? And if they do have to provide a copy of the original... and they cannot because they don't have one - what are the implications for them of failing to comply with the SAR?

Hi all, Hoping someone could help me please. A couple of days ago HSBC issued a default against me for failing to keep up payments on a gold visa card. My issue is they have defaulted on a CCA request sent to them back in July. I had to send them several letters regarding the CCA request as they tried to squirm out of complying by saying the request wasn't signed. Finally - surprise surprise - they sent me a unsigned copy of T&C for the account well past the 12+30 days. But they never sent me a statement of account, even though I requested it with the original CCA request. Am I correct in am assuming that they are still in default and the account is still in dispute as they never fully complied with my CCA request - does this mean that they cannot issue a default on the account? I am aware that they can get away with just sending out blank copies of T&C instead of a signed agreement but surely they have to supply a statement of account if requested?

Thanks Rory32 and Curlyben for your quick response I did tell them in my last letter that all further calls would be recorded and the contents might be used if I made a complaint. I think I will be reminding them of this in my letter and if they do call again I will be sure to record the call! I Might be adding breach of the data protection act to the list of complaints against them - they have already breached the CCA and continued to harass me by phone despite 2 letters and 2 verbal requests!

Hi all, Just a quick question. One of the CC companies I am dealing with have been continuing to pester me by phone despite askign them on 4 occasions to contact me in writing only and also despite the account being in dispute... I am in the process of writing them another letter and just wanted to check something. When they call, all they do is say "Is that Chips123" and when I say yes they then go onto say "this is blah blah from CC company, regarding your account which is XXXX overdue and requires a payment of XXXX immediately" They don't ask any security questions at all... no address, mothers maiden name, account number etc etc just go straight into how much is owing and needs paying - Would this be a breach of the Data Protection Act?

Lol, thats true. I guess my only worry would be that if they "Technically" complied with the CCA request, then the account is not in dispute and they could pass it onto a DCA, default you etc. Whereas if they fail to comply with the SAR then the account could go into dispute and they couldn't do anything. Plus, if you just asked for a copy of the agreement, and they couldn't provide it I am guessing they would return your payment!! Thats the problem with them hiding behind the Cancellation Notices... regulations - you can never be 100% sure if they actually have the agreeement or not!