Hi All,

I have had no reply to the letter sent registered post or the email.

Any Idea's ?

I think they will ignore any letter's for as long as they can, as I have sent the letter twice and the email 3 times. I sent the letter registered so have checked it was delivered.

Many Thanks

Rosina:)

Thank you Jon and Ida,

I have done what you have both suggested and am now back playing the waiting game.

I really think HSBC are going to make this as difficult as possible:mad:

Oh well thanks to this wonderful forum they will have a fight on there hands.

Can't wait to post the next update, hopefully it will be very soon and far more informative than any of the rubbish they have sent so far, but I won't hold my breath.

Many thanks

Rosina:)

you don't need to send another sar as they should supply all the details for ALL accounts. A sar is for all the details a company holds whether 1 or 10 accounts.

 

ida x

Thank you Ida,

I am not sure what to do then as they have only supplied details for 1 account not the 2 nd they have not complied with the SAR and they have not responed to the lst letter:mad:

Any idea's?

Hi All,

I have not received any reply to the above letter that Ida very kindly supplied for me, I sent it registered post on 1st July. But I dont think it matters because of the following:

things have got a bit confusing my friend first sent the CCA and gave me the reply that I have posted on here I then used the account number from the details to do the SAR. I have now been told by my friend that they have noticed the aaccount number is wrong. So I have checked all the information and have found that he sent the CCA with the correct account number the information he was sent from HSBC was for a previours account he had with them, I then sent the SAR with the wrong account number.:confused:

So I think I am probably back to the begining and have to start all over and send another SAR, what do you think?

I know they have no contract so they really dont have any thing to reply with. My friend had a credit card with HSBC that was cancelled when he transfered the debt to a flexi loan they then issued another card a few months later with a different account number.

Any help would be great as I am starting to feel like I am getting no where.

Hope that makes sense:)

Many thanks

Rosina

Hi Ida,

That was letter is soooooooooooo perfect, just what I was looking for.

How do I click on your scale.

I have altered the letter and will be posting first thing tomorrow morning before sports day in a wonderful 32 degrees lol

Thank you

Rosina

hsbc - did you send a sar?

 

it's getting confusing with the 2 as the direct line is enforcable

 

 

ida x

Hi Ida

I am only looking at the HSBC credit card as the others are enforcable.

Yes I sent a SAR and a CCA I paid the £1 and the £10 fee and have posted the replys. There is no signed agreement.

Rosina

its a request under s78 of the cca to provide you with a true copy of the executed credit agreement together with a full statement of account

 

your friends need to send it (recorded delivery) for each of thier loans/credit cards to see if the agreement is properly executed or enforceable

 

they need to send a one pund po with the request

 

look on the LETTER TEMPLATES tag and you will find the relevant letter to send

I have done the CCA and I have attached the responce. It is a blank copy of an application form, so still unsure what to do now:confused:

Diddydicky

Its only the Credit Card that I am look at the others that were mentioned at the begining of the post are all enforcable.

There is £1200 owe and he pays £27 a month

What is an S78 request?

Rosina:)

is see, do they own their property, what is the amount they are paying?

No they do not have a property, no chance of getting one for the time bein, no savings ect.

I am not sure on the amount they are paying I just know its the min, I think they owe £1500 and I think the interest is 18%, I would need to check the orginal documents he gave me.

Rosina:)

Hi Diddydicky,

They are currently paying the min amount each month as they can't afford any more.

They seem to have got themselves into an alkward situation that is not getting any better, they are on a low wage and as you can see do not owe a great amounts of money but when compared to the salary they are on it is alot.

The credit card was cancelled and the bank should not have issed him with another one a few months later as the account was closed and the card was never requested so there is no agreement in place.

Kind Regards

Rosina

response to SAR picture by rosina77 - Photobucket

This is the reply to my SAR as well as a few bank statements

This is a reply to my SAR and they also sent me some bank statements

response to SAR picture by rosina77 - Photobucket

Hi Diddydicky,

What would you suggest doing?

I did a CCA and a SAR so far, and dont seem to be getting anywhere.

I have copied the reply to the CCA already and will copy the reply to the SAR shortly.

Many thanks

Rosina

rosina.

 

i have just looked at the agreement and it looks valid.

 

Are the t&cs directly related to the agreement? what i mean is doe they come on a seperate page or on the back of the agreement? Is there any way you can agrue they might not be the original ones. EG a fold line thats in the T7cs but not the agreement.

 

Despite you not requesting the PPI have they been charging you it?

 

The reason i say this is if u want to stall for time in paying this back you could argue these just to give yourself time or breathing space over what to do.

 

I know we dont advocate debt avoidance butwe do advvocate having breathing and decission space.

 

the letter sounds like a fob of to me.

 

You could do what IDF has said and SAR them or you could write back asking for a copy of the agreement you signed and T&Cs relating to the agreement of the time.

 

I would give them 3 attempts in total to do this then maybe server them with a 31.16 of the CPR

Thank you Godmother,

I sent the SAR and they have replied by sending copies of statements hummmmmmmmmm, I wonder if this is because they do not have a signed agreement, but they should have a record of the account being closed and the card being issued without being requested.

Not really sure what to do now?

Kind Regards:)

Hi Rosina

Sorry I've been offline for a while..my PC crashed big time!!

Well done for sorting out the pics. It probably would be better to do a seperate thread for one of them.

Just had a quick look..I don't feel qualified to comment on the first one (Direct Line) as I've no experience of agreements with payment protection. Hopefully someone with more knowledge (they couldn't have less..LOL) will comment.

The second one (HSBC) is a classic fob off letter, they probably can't find the agreement, or know its unenforceable, so go all around the bushes avoiding the requirement to send it.

One way round that is to send them a Subject Access Request which costs £10 but should produce all data including a copy of the ORIGINAL signed agreement if it exists.

Elsa x

Hi Elsa,

Thnk you for your reply,

I have done what you have suggested and sent a SAR as suggested and paid the £10 and all they have sent is Statements:confused:

Not really sure what to do now, I think they are trying to fob me off

Kind regards

Jenny:)

Hello All,

I have had a reply to the subject access request and all it is are copies of statements.

Can anyone advise me what to do next?

Many Thanks

Thank you for your replys, I will let my friend know this is the new agreement so it is enforcable and will continue with my other thread about his credit card with HSBC as soon as I get the details. Maybe he will have better luck with that, I think so as the agreement was cancelled.

Once again thank you all so much.

Are you sure it was 2002? I am sure you are sure! Where did you get this agreement from? The reason I ask is that the format of this agreement didn't come into existence until after the CCA 2006! I also find it strange that in the dates at the bottom, both have the year numbers joined together with a loop.

Hi Pinky69,

Thank you for your reply, as I said yes you are right it is not a 2002 agreement on closer inspection of the date it is March 2007.

I have read somewhere that the unenforcable agreements were all changed from the 6th of April 2007 (this agreement is only just before then)

Do you know if this agreement is enforceable ?

Many thanks

Rosina 77

Subbing - keeping you up the page and also following your thread with interest.

DG:)

Oh I get it

Well unfortunatly I need to get the SAR, so it will be a few weeks before I can post a copy of what they send me.

This site is brillent, I find it all so interesting:)

Thank you Ida and Berry,

I will get a subject access request sent out, and see what happens

I thought the CCA was the same as the SAR, but as you can tell I don't know very much about any of this.

Oh forgot to say the original card was taken out in Aug 2005

Just subbing

Sorry, I don't understand what you mean:confused:

I have just check and you are both right. Ops sorry.

Maybe I should change my glasses Lol

It was taken out in March 2007

Does this mean it would be enforacable?

Send a SAR requesting a copy of everything that HSBC hold regarding the credit card account. Then your friend will see if they have a signed agreement. He needs to send a £10 postal order with the request and they have 40 days in which to send all the info back to him.

Thank you for your reply this is what he did do and they sent the letter that I attached above, with a blank application form, old terms and conditions and new terms and conditions. The above letter states that is all they needed to provide to comply with the SAR request.

Hello everyone,

This loan was taken out in 2002.

I have attached a copy of the agreement and terms and condtions that they have sent.

Direct line Terms and conditions picture by rosina77 - Photobucket

Direct Line Agreement form picture by rosina77 - Photobucket

Please can anyone advise me what I do now and do you think it is enforceable?

Many thanks:)