BelstarBomb
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HSBC Can't find our CCA - Is it Unenforceable?
BelstarBomb replied to BelstarBomb's topic in HSBC Bank
Oh, the other reason why we were thinking of using a company was becaue of some of the press that we found regarding the Rankines. They won their first case but according to info on the web went to make other agreeements unenforceable and lost their case having to pay out around £60,000 in court costs. We also felt as individuals, the banks may try to run rings around us, thus dragging things out. BB -
HSBC Can't find our CCA - Is it Unenforceable?
BelstarBomb replied to BelstarBomb's topic in HSBC Bank
Don't roll your eyes - becaue this is what they do, day in day out! Ok, if we are going to do this ourselves are there templates that we can use? I have had a quick scan but can't seem to see anything. Is there a specific template that we should use? Should we also wait 12 days since they received our original request as they said 'At present, we are unable to locate..' before sending them the letter. Thanks for your help, advice and patience! BB -
HSBC Can't find our CCA - Is it Unenforceable?
BelstarBomb replied to BelstarBomb's topic in HSBC Bank
Me again.... Let me know if you think in this instance we would be as easily served writing to HSBC ourselves or to use a company/solicitors. -
HSBC Can't find our CCA - Is it Unenforceable?
BelstarBomb replied to BelstarBomb's topic in HSBC Bank
Thanks CurlyBen, So should we fire off a letter quoting s127 to HSBC or should we use one of these many companies that are offering to check agreements etc to do it on our behalf? We were thinking of using Ratio Money -
Hi, me again! I'm getting into this! we have a cahoot flexible loan. We applied online for it in 2004, was approved and the paperwork was sent through for us to sign. I remember my husband asking as he signed the form, where's the amount that they have lent us and I said - don't worry, they know how much they have lent to us!! Anyway, looking at the agreement, there is no mention of the amount that we applied for, no mention of a limit. it also doesn't say how we can discharge our debt etc. Is this one likely to be unenforceable too???
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HSBC Can't find our CCA - Is it Unenforceable?
BelstarBomb replied to BelstarBomb's topic in HSBC Bank
Hi CurlyBen, I know that consumers are supposed to keep statemenst etc for 7 years. As we took this card out over 16 years ago can HSBC reasonably be expected to still have the original? Or does it not matter in their case - should they have microfiched etc. What I'm asking is, could they argue that as the agreement was taken out over 16 years ago, how can they be expected to still have the originals? -
HSBC Can't find our CCA - Is it Unenforceable?
BelstarBomb replied to BelstarBomb's topic in HSBC Bank
So what about their response that as they can't locate the CCA a copy of the current T&C's. Or is that talking Bovine Excrement too! (Must remember that one). -
Hi, This is my first posting and I hope that you will be able to help me. Having heard of unenforceable CCA, I sent a letter to all of our credit/loan companies with a cheque for £1 requesting a certified copy of the original signed CCA. Today, we have received a response from HSBC. We have had this card since 1992 when it was known as the Midland! There response is as follows 'At present, we are unable to locate a copy of the original signed agreement. Under the Consumer Credit Legislation however, a copy of the agreement can either be a copy of the original signed aggrement or, in the case of an agreement containing a variation clause which has been exercised (as in the case of this card agreement), a copy of the current terms and conditions of the agreement as varied' They have enclosed a copy of the current terms in compliance with the Cinsumer Credit Legislation, a copy of the original terms, a copy of the most recent notice of variation and a signed statement of accont (the most recent statement) They have also returned our cheque for £1, saying that 'the bank is happy to waive any fee for this service' As HSBC have confirmed that they cannot supply the original signed agreement are they within their rights to supply what they have done in it's place or is this unenforceable? How long do the banks have to send a copy of the CCA? What can happen if they don't?
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Barclaycard - Is This A Valid Credit Agreement
BelstarBomb replied to Dorabell's topic in Barclaycard
Hi, This is my first posting and I hope that you will be able to help me. Having heard of unenforceable CCA, I sent a letter to all of our credit/loan companies with a cheque for £1 requesting a certified copy of the original signed CCA. Today, we have received a response from HSBC. We have had this card since 1992 when it was known as the Midland! There response is as follows 'At present, we are unable to locate a copy of the original signed agreement. Under the Consumer Credit Legislation however, a copy of the agreement can either be a copy of the original signed aggrement or, in the case of an agreement containing a variation clause which has been exercised (as in the case of this card agreement), a copy of the current terms and conditions of the agreement as varied' They have enclosed a copy of the current terms in compliance with the Cinsumer Credit Legislation, a copy of the original terms, a copy of the most recent notice of variation and a signed statement of accont (the most recent statement) They have also returned our cheque for £1, saying that 'the bank is happy to waive any fee for this service' As HSBC have confirmed that they cannot supply the original signed agreement are they within their rights to supply what they have done in it's place or is this unenforceable?
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