debt with hsbc

[pigsic]

my dad has a debt with hsbc bank credit card and he has cca them but they have sent a default notice should he ignore it cos they could of crossed in the post

thank you:-?

[pigsic]

please could someone help me

[MrSensible]

Does he owe the money?

[ananya]

That is neither here nor there, if the DCA cannot prove they are legally entitled to collect the debt then they cannot enforce it.

 

Pigsic, did your dad send his CCA request by recorded delivery and enclose the required £1 fee? If so, have you checked on the Royal Mail website if it has been delivered?

 

As long as he has sent the CCA request as per the guidelines, then I wouldn't do much else, I'm sure that those with better knowledge than me on the subject of defaults will be able to help with that

[pigsic]

yes

[ananya]

Yes to which bit?

[pigsic]

hi ananya

 

yes dad sent it recorded and we have proof that they received the cca the day before he received the default that is why i think it crossed in the post:(

[ananya]

Ah yes it must have. As far as I know, they cannot enforce a debt while it is in dispute so sit tight and see what happens.

 

I'd also keep a watch on the deadlines too.

 

When/if they send anything, don't forget to post it on here, removing all the personal information, so someone who know about these things can help you with the next step.

 

Good luck

[pigsic]

ok thank you ananya

[pigsic]

hi just thought i would let you know where we are with dad troubles. We cca dad credit card account with hsbc there time is up on the 28 feb but dad received a letter today to say if he does not pay account in full they will send it to a collecter what should i do

and with the over draft we offered athem £1 a month they wont accept it what should i do i know it wont be £280 what they say dad owes because it was only £50 overdarft limit

please help

[Castlebest]

Hiya Pigsic, if they don't send the information you have requested in your CCA section 78 request the debt is unenforceable until they comply.

 

You should send an S10 notice, confirming that due to their non compliance the account is in dispute, they are committing a statutory criminal offense and demand they cease to process your dad's information.

 

This should also stop them passing the account to a debt collection agent

 

pete

[pigsic]

thanks for that where will i get a s10 notice please do have any advice on what to do about the overdraft

thanks

[johnnymitch]

thanks for that where will i get a s10 notice please do have any advice on what to do about the overdraft

thanks

 

You could try this one pigsic (tailored to suit) :

 

Formal Complaint

Letter before Action

Dear Sir/Madam,

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with request, and as such the account entered default on **DATE**. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully

Credit Card Formal Complaint Letter Before Action_______________

(this heading should be at the top, pigsic)

[johnnymitch]

If you feel that the amount of the overdraft is also in question, send a SAR and follow :

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

[pigsic]

thank you for that i will get that letter printed and get it sent off

thanks again

[johnnymitch]

thank you for that i will get that letter printed and get it sent off

thanks again

 

You're welcome pigsic - let's know how you get on .........

[pigsic]

hi there

can not beleive it hsbc bank got the letter on the 4-03-2008 they have sent another letter today saying

 

according to our records, your account is seriously out of order, despite previous communications on this matter.

unless you make an immediate payment of £464.04, we will be placing your account with a debt collection agency.

Failure to make the required payment could result in your details being passed to credit reference agencies, which may seriously affect your ability to obtain credit elsewhere in the future. If we do decide to take this course of action you will be advised before we make contact ith the agencies

So they just ignored the last letter we sent from post 13

WHAT CAN I DO KNOW

THANKS LISA

[ananya]

Hi pigsic and sorry to hear you're still getting grief.

 

I'm no expert at all but as far as I am aware, once the debt is in dispute, they cannot enforce it or farm it out to DCAs and if they try, which they clearly are, I would report them to Trading Standards for non compliance.

 

Also, you have issued a formal complaint and they have ignored this, another thing to point out to TS.

[johnnymitch]

You have already told them this in the letter that you sent pigsic -

 

send them another to re-iterate it -quoting from your previous letter...

 

Refer to their latest letter and say something like :

 

As has already been stressed in my letter of the XX XXX XX(Date) you ate not at liberty to demand payment whilst an account is in dispute, nor may it be passed to another party for collection.

 

For ease of reference here is the relevant passage:

" You should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS."

 

You are advised that any further demands or threats to malign my credit worthiness will be passed to the FSA, OFT and Trading Standards.

 

Then put in the other bit about :

" I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit."

 

Hope this does it pigsic - if not - follow through and report it - and send them copies!

best of Luck , don't let them get to you

johnny:)

[johnnymitch]

Just an afterthought pigsic:

 

If you have been through HSBC's complaints procedure and received a final response, you can take your complaint to the Financial Ombudsman Service.

[pigsic]

It Does Not Say Final Response Can I Just Resend The Letter You Sent Me In Post 13

I Would Not Know What To Do To Contact Fos

[pigsic]

hi i wonder if you can let me know whether i can send this letter again or what should do

[pigsic]

WOULD THIS LETTER BY OK TO SEND TO HSBC BANK

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

__________________

If I have been helpful, please feel free to tickle my scales !!

vbrep_register("1418520")

[ananya]

Hi again.

 

That letter looks good to me but remember it refers to enclosing a copy of the 1974 Consumer Credit Act s77/8 so delete this line if you haven't got a copy to send.

 

Also, send it special delivery and good luck.

[ananya]

Oh, and don't sign it!