debt with hsbc

[johnnymitch]

Thanks pete

[pigsic]

Hi Lisa,

 

I'm a wee bit puzzled as to how you can send the LBA if you haven't got all the information you require to be able to make a claim for a definite amount ..........

 

But if you have got it, send the LBA and follow through - they'll try to delay you at every turn - don't be sidetracked.....

 

HI THERE JOHNNY

 

SORRY TO HAVE PUZZLED YOU I THINK I MUST BE A BIT PUZZLED MY SELF DO YOU THINK I SHOULD RESEND MY LETTER ABOUT NOT NEEDING A SIGNITURE JUST INCASE THEY DID NOT UNDERSTAND THE FIRST ONE I SENT. MY HEADS IN BIT THEY ALL STARTING AGAIN

LISA

[johnnymitch]

Hi Lisa,

 

If you have got all the information you need to proceed just ignore their time-wasting tactics and carry on with the claim.

JUST INCASE THEY DID NOT UNDERSTAND THE FIRST ONE I SENT[/quote]

They understand all right Lisa , they're doing this all the time...

 

If there is more you need before you can proceed - send them the 'Signature not Required ' letter again, but let them know the clock is still ticking from the S.A.R - (Subject Access Request) you sent -

Here is the link again for ease of reference:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html#post38561

 

 

Stick with it Lisa , you'll get there - one step at a time - like last time ,Eh?

[pigsic]

Hi there all

Well dad recieved another letter this time from metropolitian collection services limited this is what is reads. Could I have some advice please?

 

Dear Mr ******** 18 September 08

 

Account no************** Outstanding balance £5,212.78

 

The agreement to hold this account has now expired and you have failed to contact us. ( I DONT KNOW WHAT THEY MEAN)

 

We now require repayment of this debt

 

You must telephone our HELPDESK on freephone 0500 992299 to prevent the commencement of legal action. Our offices are open between the hours of 8am and 9pm mon-fri

 

If you are unable to telephone us please complete the tear off slip atthe bottom of this letter and return it to the above address.

 

Failure to do so within 7 days will reults in continued recovery action.

 

yours sincerely,

 

************

 

-----------------------------------------------------------------------

 

Our ref *******

 

I wish to offer £.......... per week/month and will make the payment on the ................. of every week/ month.

 

In order for your offer to be considered you MUST tick the appropiate boxes below.

 

Home owner... Tenant... Living with parent... Standing order...

Employment... Unemployed... student.... Payment card cash at the PO or payPoint outlet...

 

Telephone number home ........................ work..........................

Mobil ...................

 

Signed Dated.........................

Please can you help should i fill it in or send an account in dispute letter

[pigsic]

Could I also sent this letter to HSBC Bank as they just keep sending letters say signutre required.

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated 23-06-2008.

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

 

 

 

 

 

[name]

[citizenB]

That is ok Lisa, however you will need to follow it up with the LBA if they dont respond this time. I wouldnt fill in the payment details if you are disputing the debt.

 

Have you made a complaint to either the Information Commissioner or the Financial Ombudsman ?

[pigsic]

Hi CB

 

So would you not fill in the slip and just sent the LBA letter to HSBC bank.

 

Would you just send metropolitian a letter to say im dealing with hsbc bank

 

thanks again Lisa

[johnnymitch]

Hi Lisa ,they're still messing your dad about then ?

 

Amongst this lot below should be a template that you can use - I take it this is the Credit Card Account they're pursuing?

 

Re: Account in Dispute

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

Re: Account in Dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely,

Re: Account in Dispute

There is an account in dispute letter.

 

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.

Come back if you need more but I think between CB and me you've got all you need to proceed for the moment -

Send a copy to both MCS and HSBC (recorded delivery)- don't phone them , you'll only get hassle .................

[pigsic]

hi johnny mitch

thanks ever so much fot that. I take it i dont fill in the tear off slip. And yes it is the cc account

thanks again

lisa

[citizenB]

Lisa, if you are disputing this debt and not making any payments at the moment, then to complete the slip confirms ownership of the debt. Unless I have lost the plot totally, it would appear that they havent provided you with a copy of the agreement that actually proves that they have the right to collect on it. Johnnymitch has provided you with some excellent letters to choose from.

[pigsic]

ok thanks I understand now they trying to make us anmit to it

thanks for that will get one of those letters of tomorrow

lisa

[The GodMother]

you know just to be a pain you could always return the slip saying this.

 

offer £00.00each week tick living with parents.

cash card at PP outlet.

telephone numbers. Dont have phone

[Castlebest]

you know just to be a pain you could always return the slip saying this.

 

offer £00.00each week tick living with parents.

cash card at PP outlet.

 

telephone numbers. Dont have phone

 

No don't even though you put no payment in this could be seen as an admission of debt

 

pete

[Hopeful1]

Just wanted to say 'Hi' Lisa. Can't believe, or maybe i can, that you're still fighting with these people. Glad you're getting wise to them now

 

Pete's given you a good choice of letters. Will look out for their response.

[johnnymitch]

Pete's given you a good choice of letters. Will look out for their response.

 

Ahem! Hopeful 1 - I think you'll find the choice of letters was from me....

 

But never mind -we're all in there helping.........

[OO06MMPM272XGS]

Hi all, new member.

 

Got the FOS involved in my case and they have found in my favour for the mis-selling of PPI and the unsolicited 400% increase in my credit card limit.

Did not agree with my irresponsible lending for 5 loans over 184 days but I suppose you cannot win them all.

 

I would like to ask a question regarding the true signed copy of the CCA for the second managed loan they forced me into.

 

The second CCA was to lower the repayment amount from £200.00 to £100.00. I have sent a letter asking for the true signed copy of the CCA and they have not complied. Got Trading Standards involved and they have sent me a copy of a letter from HSBC stating they sent me a copy way back in July 2007 yet in a letter from HSBC dated 26th February 2008 they state they have not got a copy. They even have the nerve to state that they did not receive a copy back and I may still have them. So why allow me to repay 19 months at the reduced rate if they did not have signed paperwork.

 

 

They have probably lost the CCA dated 31/07/06, which would be no surprise as they lost the CCA dated 18/07/05 and the CCA dated 28/11/05 and two sets of paperwork for the Personal Loan Protection Plans dated 18/07/05 and 28/11/05.

 

Shall I just wait to see what happens or should I make a first move, if there is a move to make?

 

Still trying to learn the game.

 

Many thanks

[The GodMother]

No don't even though you put no payment in this could be seen as an admission of debt

 

pete

 

I know that but lisa knows my humour so thats y i suggested it.

[lateralus]

0006etc,,,,,,,,,,

best to start your own thread - giving it a catchy title and these fine peeps will help you out - if you get any responses here it will start to get muddle with this thread - so - - - just copy and past your query and put it here and that will start your own thread in this forum..

good luck and welcome to the forum

[pigsic]

Hi there all

Sorry to be a pain, But I am just sat down doing the letters and noticed that the letter that you posted on here for me to use is for a cca , but the last request to them on the 23-06-2008 was SAR which they keep saying they needs a signature to supply this information. Can I still use this letter

Thanking you

Lisa

[johnnymitch]

OK lisa - it's long past time for them to answer your SAR so pick one out of this lot for them :

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html#post38561

 

and tell them again that they don't need a signature - that you'll prove your identity at the branch if necessary , but they've been dealing with you - so they should know who you are ................

 

Remember - 'Recorded Delivery' Lisa

[pigsic]

Thanks for your help johnnymitch will look at them when I ve feed the hungry children

thanks again

lisa

[johnnymitch]

You're welcome - hang in there .............

[pigsic]

Hi Johnnymitch

I just thought I would have a quick look do you think this one sounds the best. Cos the other one says the documents you supplied and they have not supplied any

Thanks again for all your help

[johnnymitch]

Which one is that Lisa - ? LOL! Go on feed the kids first and come back later - the post's gone for the day anyway .

 

Or just amend it to suit - saying 'you have failed to send any of the documents requested..............'

[pigsic]

Hi there again

sorry about that i forgot to paste it LOL!!!! I think I am cracking up or just be dizzy

Does this one sound ok

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully