thanks Donkey b, yep I have sent the acknowledgment of service saying I am defending the claim in full and that gave me another 14 days from the 12th of Jan, I am posting letter today recorded to HC so it gets there before the 26th. I don`t know what to do from there? thanks for your help.

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Robinson Way sent me a copy of my CCA for an intel finance card. It does have my signature on it and date but underneath it says singned on nbehalf of Halifax plc which there is no signature and no date filled in. From reading previous posts am I write in thinking that if its not been signed by the Halifax as well then its not enforceable? I post a scanned copy but I don`t know how to load an image up.

Okay, Do I need to do anything else like contact the court?

Okay the letter is going off tomorrow by recorded delivery (haven`t had chance to do sooner because of my Father being so ill) Do I just send it to hc or to the courts as well?

Thankyou for your replies. I will a browse on the legal threads and also get the letter kindly provided, by recorded delivery. Once again thanks and I will of course update.

Back in July 2007 I bought a sofa through DFS. Due to financial difficulty I stopped making payments for it in approx Jan 2009 to CL Finance. I recieved a letter from Howard cohen dated 18/12/09 as a notice of assignment. It was not recieved as recorded delivery. It also stated that a claim has been submitted to the county court. On the 29/12/09 i recived another letter from HC saying that I should have recieved a county court claim in this matter (it came the next day) The reason why it has taken me so long to post is because my Father suffered a massive heart attack on the 30/12/09 and is still critically ill. I submitted my Acknowldement of service to the court today and that I intend to defend the claim. I presume I need to ask for a cca first? What do I do then as I know have another 14 days to submit defense and have absolutely no idea what to do or send to HC other than a cca request. any assistance greatly appreciated.

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So I transfered the money out of hsbc to another a/c (LTSB) and it cleared fine. I got a letter from hsbc this morning saying my o/d limit was set at £2800 and I was £1400 o/d and what can I do to repay. Transferred another £1400 out to ltsb and its gone through fine They still owe me just over £1200 in bank charges.

Thanks Johhnymitch, thats exactly the kind of letter I need. Its still with hsbc at the moment but I`ll send this and post the outcome and also post what happens next month when I try to claim more. I have to say though that when you get through to the hardship team they really are helpfull, its just getting through to them you have to go through bloody India. When I have called I have just insisted they put me through and they have done. If anyone wants the number I`ll quite happily post it. Johnnymitch thanks again for your time:smile:

Just checked my a/c online and £1425 has been paid in. I have just transferred it straight out to another a/c with lloyds tsb and its gone through. This now puts the a/c back o/d by £1425.

I have sent them the letters ref reclaiming charges, hsbc have agreed to pay £1425 today. They owe me £4127. I have claimed through hardship and they have asked me to call next month to see if my circumstances have changed. They are demanding through collections though that I must repay my o/d. They want a break down of income and outgoings etc, and how much I can repay, so I was thinking of not filling in their form and sending a dispute letter as I am reclaiming bank charges. I am unsure of what to send to hsbc hardship claims as to the point of accepting the payment today of £1425 does not settle the claim. I signed a form last week accepting the money, it didn`t say anywhere that it settled the claim, just that I accept this payment and can claim more next month if my circumstances haven`t changed. Thanks for your replies.

Well I`m after some kind of template to inform the hsbc that I am accepting the money and it doesn`t settle the claim and also I think I need to alter the dispute template for my o/d to say the account is in dispute because of the bank charges. Would that be right? Ta

Thanks guys. Like other people who find this site I am a lot calmer than when I first came and have learnt an awful lot in a very short period of time. With regards to the above I think that is a very good statement to make when sending my account in dispute letter. Another lesson learnt in how to deal with these people. Thanks

I intend to write to them stating that I consider it only to be part payment. They have asked me to call them next month to see if they can release more. Do you know of any templates I can use for that and also one for to tell the bank I am dispute ref my o/d thanks

I have an o/d with hsbc and am claiming my bank charges of them and now using another bank. Is there a template letter I can use to send back to them about the a/c being in dispute over my claim for charges. They are about to make a payment to me under the hardship rules. Thanks in advance.

Okay an update and advice needed. I sent off cca requests last week and on sat got a letter from arc representing egg. My scanner won`t work on this pc so the letter basically said the following; In order for our client to provide a copy of your agreement would you please send them a cheque for £1.00 being the fee allowed under the CCA with your information request to the following address. Please find attached your postal order for £1.00. Upon receipt of the same they shall supply you with the appropriate data within the statutory period of 12 working days. please note that reciept of the request will not in itself delay our clients prior instructions to seek payment of the debt from you. I`m a bit bemused what to do? I thought they had a legal responsibility to request the cca from egg? Also that they have sent my postal order back to me, I am not sending any cheque to egg. Is there a letter I send back to arc? and when the 12+2 days has expired do I send the account in dispute letter? Thanks for any replies.

I was thinking that too.

I have submitted a hardship claim with hsbc for bank charges an I got a phone call on Monday saying that the total amount was £4,100. They have offered to pay £1400 this month and for me to call them next month to see if they will pay anymore. Should I accept that? Also I asked for it to be paid into another bank account as I am currently O/D with hsbc. They said no. Do I have to accept that? I was told they will put a temporary O/D facility on the account so I can transfer the money out of the account. My concern with this is that I have hsbc credit card and previously when money has gone into my current a/c the credit card arm of hsbc have taken it. Any thoughts or advice greatly appreciated.

Tony, I too joined only today and have been lurking for about a week. Really as was pointed out to me don`t get too worked up over it. I too have a thing with mercers and am posting request for cca tomorrow. My general thoughts from looking at the site today is that unless they can give a full documented copy of cca they haven`t got a leg to stand on. Maybe someone who knows a lot more? Thats what I seemed to discover today and feel better for it. Have a look through the different forums and you should learn a lot more about other peoples experiences. HTH

Accesspwd thanks, I`ve just filled out the cca template and I`m going to post tomorrow!

I haven`t made any payments to the credit card companies for months and have never paid the DCA`s. At no point have I recognised the debt.

Thanks for the swift replies, Greatly appreciated. So am I right in thinking that if they don`t have an agreement or one with a signature on I don`t have to pay anything back?

Zorro, I`m new to the forums and just picked up on this thread. I have put through a hardship claim and the HSBC have come back to me this morning and said they agree I`m in hardship and have offered me a payment of £1400 out of £4000 of charges. They then went onto say to call back next month to see if I am still in financial hardship and they will consider the claim for more money. Is this what happened with you? Do you think I should accept this offer?