debt with hsbc

[pigsic]

Been try to contact fos but they just keep say they are extremly busy and will aasnwer the call shortly i have a letter that i can maybe send back to hsbc or if anyone can come up with a complaint letter that will be great or should i keep trying fos

[johnnymitch]

Haven't you exhausted your complaint with HSBC - I mean, hasn't it gone as far as it can go with them ? Did they send you a 'final decision' letter that you weren't happy with?

[johnnymitch]

Sorry, lisa to answer your question - I would keep trying FOS . See hopeful1s comments on #94

[pigsic]

the last letter was the one i posted on here and they sent a leaflet saying listening to your complaint with the managers address, I was going to send this letter ,but if you think fos then i will try again tomorrow. What will happen if they (fos) are for the bank

 

WITHOUT PREJUDICE SAVE AS TO COSTS

 

 

Dear Sir / Madam.

 

Thank you for you letter dated ######confirming that you don’t hold a valid Credit agreement. As a result of this admission I am willing to pay you £1.00 a month.

 

Please remember that as you have admitted to not having a valid CCA you are not able to enforce this debt and that extends to litigation. Also as you have admitted you don’t have a valid CCA then I am not obligated to make payments either although I am prepared make token payments towards this debt. However any payments I make are on the following conditions

 

With immediate effect,

 

you cease adding administration charges

 

you remove all interest from the balance as without a credit agreement, you have no evidence I agreed to any terms and conditions confirming I accept these charges

 

you cease contacting me by telephone and all correspondence is made in writing

 

The £1.00 a month is a token payment towards the balance of £#####and this token payment will be honoured by me as long as you follow the conditions as set out above. Any variation and I will cease payments forthwith.

Please find enclosed £1.00 postal order for the first month’s payment, I would be grateful if you could send me payment slips for further payments to be made to you.

 

Yours Faithfully

name

[The GodMother]

ok that sounds good.

 

the balance does this include charges? If so i would adjust it to say the balance minus the charges. Also remember you can ask them to remove admin charges aswell as interest oh i nearly forgot you csn ask for overlimit fees as well.

 

Chrissi

[Hopeful1]

thanks hopeful im useless arent i thanks again

 

 

I wouldn't call a woman who is juggling her own family as well as saving her own mom and dad hours of worry useless!!

 

With regards to FOS, why don't you just fill in the form and send it off? The form simply asks you to explain what is happening, what you are unhappy about and what you would like done to sort it out.

 

You could then copy the letters you've sent and the ones HSBC have sent you and send them with your complaint form. You can print the form off from their website.

[pigsic]

Where It Says What Would You Like Done To Sort It Out Do You Just Put To Prove That They Have No Cca

[Hopeful1]

Where It Says What Would You Like Done To Sort It Out Do You Just Put To Prove That They Have No Cca

 

 

I put something like: I would like the requested info to be sent so that I can establish exactly what is owed and what terms and conditions I agreed to.

 

If they have been harrassing you add that you would like this to stop. You can say that as far as you are aware it is against OFT guidlelines to enforce a debt without an enforceable credit agreement.

[pigsic]

ok thanks

[citizenB]

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.

 

 

Ah.. I thought that line referred to enclosing a copy of the previous request.. oooops !!.

[pigsic]

Do You Think I Should Send The Letter In Post 104 First So If I Have To Go To Fos They Can See I Have Offered To Make A Pound A Month Payment Because All Im Bothered About Is If Fos Say Dad Has To Pay How Will He If He Cant Afford To

[Castlebest]

With complaints to both the FOS and the OFT its best to exhaust all of the avenues with the bank first so yes send an offer letter first to see if the bank will accept it.

 

pete

[Hopeful1]

With complaints to both the FOS and the OFT its best to exhaust all of the avenues with the bank first so yes send an offer letter first to see if the bank will accept it.

 

pete

 

 

And like we've done before, Lisa, just put a £1 postal order in. If they cash that, in effect they are saying they accept the offer. This will again add to your case if you still need to make a complaint.

[pigsic]

Im really sorry to bother you all but i hae been looking in my document and i have a letter with the heading credit card formal complaint was wondering if i can send it to hsbc bank along with letter in post 104 and harrasment by phone letter

[pigsic]

sorry will post the thread

cheers lisa

 

 

Credit Card 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 13-01-2008 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 29-01-2008. 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 by post 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 by post.

 

Yours Faithfully

[johnnymitch]

If you haven't already sent this lisa - I would send it under separate cover so it doesn't get 'lost' or 'mislaid' . I know it's a pain and it's double 'recorded delivery' costs, but that's what I would do.

[pigsic]

ok thanks

[ananya]

Ah.. I thought that line referred to enclosing a copy of the previous request.. oooops !!.

 

It's probably the way I've interpreted it, don't worry

[pigsic]

Hi there all do you think i should just send the letter in post 115 to the complaint department first and see what they send back before sending letter in post 104 or should i send both

cheers lisa

[Hopeful1]

Hi Lisa

 

I've merged the 2 letters for you. Feel free to make any changes you wish:

 

Credit Card 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 13-01-2008 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 29-01-2008. . 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 the legal timescales renders the alleged debt UNENFORCEABLE in law. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

However, I am prepared to make a regular monthly payment of £1 towards this debt.

I will commence making the £1 monthly payments as soon as you have confirmed in writing, that you agree to the following terms:

• you cease demanding payment on the account

• you do not pass the account onto a third party

• you do not register any information with any credit reference agency

• you do not issue a default notice

• you cease adding administration charges

• you remove all interest from the balance as without a credit agreement, you have no evidence I agreed to any terms and conditions confirming I accept these charges

• you cease contacting me by telephone and all correspondence is made in writing

After taking advice, I am of the opinion that any continued pursuit would be 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 any such actions to the regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me in writing with your intentions to resolve this matter.

 

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 by post.

[Hopeful1]

If they ignore this you really need to follow through with making complaints to anyone and everyone who will listen.

[pigsic]

Thanks ever so much hopeful1 you are such a big help to me thanks again

lisa

[Hopeful1]

Thanks ever so much hopeful1 you are such a big help to me thanks again

lisa

 

No probs

[pigsic]

Hi there all

Sorry I have not been on for a while but I have been really busy. Dad recieved a letter this morning saying that thay have handed the account over to Metropolitan Collections Services, Has anyone ever heard from them. I was going to wait until we hear from them and send them a letter saying account in dispute cos they have never come forward with a cca. I have not caontacted fos cos I was going to try and fight them myself.

lisa

[johnnymitch]

Ah, Lisa Metropolitan Collection Services are an internal debt collection agency who work only for HSBC and use their database and operate fropm their premises. The account is in dispute however, so HSBC should not have forwarded it to them . I suspect they just picked it up and ran with it from the database.

 

Send them a letter something like this: (adjust it to suit your dad's circumstances) and send a copy to MCS.(recorded delivery for both)

 

Re: Account in Dispute

Re: Account in Dispute

 

ACCOUNT NUMBER: XXXXXXX

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 the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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.

 

 

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.

 

 

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

 

Remember, print your name, don't sign.

OR

http://www.consumeractiongroup.co.uk/forum/legal-issues/110742-bls-no-cca-but.html#post1084460