debt with hsbc

[pigsic]

Hi sorry have not been on for a bit but mum been really poorly sent that letter to hsbc and metropolitan got a letter back from both hsbc bank said they investigating it and metro to say that thay find it confusing thatn i have sent them and hsbc the same letter but they want a income and expediture list to see if they can accept the pound is there any where on here where i can get a income and expediture form

thanks lisa

[jowalshy]

Hi there. Below is a link to a budget planner.

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=1712&d=1199396120

[pigsic]

Hi there. Below is a link to a budget planner.

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=1712&d=1199396120

Ok thanks

[Hopeful1]

Hi sorry have not been on for a bit but mum been really poorly sent that letter to hsbc and metropolitan got a letter back from both hsbc bank said they investigating it and metro to say that thay find it confusing thatn i have sent them and hsbc the same letter but they want a income and expediture list to see if they can accept the pound is there any where on here where i can get a income and expediture form

thanks lisa

 

Hey Lisa! It's good to hear from you. I hope you're mom is starting to feel better.

 

Don't forget what i've said before - pay that pound into the account anyway. As long as you have the sort code and account no. you can make a payment over the counter in the branch or if you bank online you can transfer it. If they let payments go into the account they are as good as accepting your offer.

 

Also, i would attempt to maintain liason with HSBC and cut Metropolitan out of the picture

[pigsic]

Hey Lisa! It's good to hear from you. I hope you're mom is starting to feel better.

 

Don't forget what i've said before - pay that pound into the account anyway. As long as you have the sort code and account no. you can make a payment over the counter in the branch or if you bank online you can transfer it. If they let payments go into the account they are as good as accepting your offer.

 

Also, i would attempt to maintain liason with HSBC and cut Metropolitan out of the picture

Hi hopeful1 thanks for that its a credit card so i will just pay the pound on the payment slip. Mum getting there but going to take time. She had an operation but she got an infection she has been really ill its been two weeks now but they keep saying if she does not start feeling better will have to anmite her but she does not want to go back in nurse comes everyday to check her. It has been a rubbish year.

tahnks again lisa

[pigsic]

hi there everyone

Today dad received a letter saying that they dont have a signed credit agreement but sent a agreemnet for dad to read. Should I still send metroploitan an income and expediture summary cos time is up with them on the 17 for dad to produce a summary or should we repl back to hsbc saying since though they have not produce a crdit agreement then I will pay a pound I am sure we have been on this root already i will take a look back please help

p.s there credit agreement they sent for us to read says midland bank on the top

please help

lisa

[The GodMother]

non compliance letter i say

[johnnymitch]

If they don't have a signed agreement ,it's not worth the paper it's written on lisa .......

 

I think that means the account is in dispute therefore you shouldn't have to deal with MCS......

You've already told HSBC where you stand in the 'Account in Dispute' letter ,so I think it's time to report them to FOS if you haven't already done so.

Ps - Midland was the forerunner of HSBC ....

[johnnymitch]

non compliance letter i say

 

I think that one went ages ago gm , - see#114

 

See also #119 et seq.....

[The GodMother]

Yes but i am reffering to post 130.

 

A letter informing HSBC that what they have sent does not comply with the CCA rules and as they ave admitted in writing they dont have a cca you consider this account in dispute/ unenforcable.

 

A letter to MCS saying that HSBC have admitted the account does not have a cca and the account is there for unenofrcable so u will not be paying them anything towards the account and to pass it back to HSBC with a copy of the letter where they admitted they have noting so sufice.

 

Remember to quote the OFT guideline about not accepting and account is in dispute. and any others u feel are necessary. Guidelines link is in my signature.

[johnnymitch]

Yes but i am reffering to post 130.

 

Sorry gm, - do you mean send the one I posted on #124?

[The GodMother]

No i mean something like this.

 

TO HSBC

 

Dear XXXXX

 

ref. XXXXXXXXX

 

Thank you for your letter dated XXXXXXXX

 

As you have admitted that you dont hold a valid CCA for this account and the one you have sent me is a agreemnt that you cannont prove i may or may not have signed then l consider that you having no evidence to base your accusation on.

 

The agreement you have sent me makes this account unenforcable. I am now Saying based oh the letter and agreement you have provided that this account is unenforcable.

 

As a guesture of goodwill on my part i will pay you £1.00 a moth towards this debt as long as you agree to:-

 

Remove all interest charges.

Removed all late payment fees.

Stop adding interest charges.

Stop adding late payment fees.

 

If you have not replied to me within 14 dyas of the date on this letter then i will assume you accept this offer.

 

Yours

Pigsic.

 

TO MCS.

 

Dear morons.

 

ref XXXXXXXXXXXX

 

I am writing to advise you that HSBC have confirmed to me in writing that they do not hold a valid CCA for this debt. Copy of letter enclosed.

 

As you will no you are not entitled to collect any moey on this account due to no CCA. I respectfully request u pass this account back to HSBC immediatley and within 7 days of the date on this letter u PUT IN WRITING to me that u have done so.

 

I look forward to your co operation in this matter.

 

Yours

Pigsic

[johnnymitch]

Ah , thank you for your patience gm - I know what you mean now (it's me age y'know )

 

Those are a couple of cracking letters - do you mind if I copy them to help others..........?

[The GodMother]

Take them if u want.

 

I feel they are both blunt and straight to the point. I am amassed i can still produce something so good as i am now 6 days over due.

[pigsic]

hi there dad has just been on phone to me to tell me he got anotherr letter today from hsbc bank. Saying that i must inform you that in the past few month we have received many template letters such as yours obtained fron internet sites containing miss leadinding and inaccurate informtion i am sorry you have been miss informed and a load of other stuff saying that in sections ( what ever )they do not have to supply a signed agreement

I will get the letter from him tomorrow and post it on (it is a very long letter and they said they can not locate a copy a signed credit agreement

will get it posted as soon as my son has time

lisa

[johnnymitch]

Hi lisa - it'll be nice to see them blatantly waffling (for want of a more actionable word!) on paper. They really are the limit........ but I'd send gm's letters off anyway asap........

 

Thank you for your help tgm - and you 6 days overdue - Good God mother! laffin!

 

Seriously , I hope all goes well for you.....

 

All the very best

johnny:)

[The GodMother]

Cool paper waffling. It will just prove there inabilitys more.

[pigsic]

Hi this is the letter i was on about could someone please advice me on what to do a.s.a.p

lisa

 

[pigsic]

[pigsic]

[pigsic]

[gdnaes]

They sent me some similar correspondance, they just will not admit that the account is in dispute - apparently they think it is up to them to determine this.

 

My reaction was to take them to court demanding all the interest ever paid back and removal of all information from CRAs

[pt2537]

Lisa,

 

What a load of DRIBBLE

 

this man could become prime minister with that much rubbish

 

yes he is right that the copy document doesn't have to be the original, BUT it must be a true copy so quite simply a blank application form doesnt cut the mustard

 

but to humour this mcmuffin, i would suggest sending them a nice Section 7 Data Protection Act 1998 Subject Access Request asking specifically for a copy of the original agreement , the one that was signed

 

to be honest im not going to waste my time pulling apart this guys arguments, but i can say in some degree of certainty, having all the relevent legislation and also having various commentary resources on the Consumer Credit Act 1974 that what they are saying is plainly incorrect and is a clear misinterpretation of the Act

[pt2537]

and just to add they openly stated that they cannot locate the original agreement so , lets look at section 127(3) CCA 1974 for a mo shall we

 

3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

 

Oh no, it must be signed, well their donkey is about to be filleted

 

Send the SAR off to them and ask for the signed credit agreement

 

they have 40 days to comply end of story

 

my guess is that they may become a little more receptive if they have to tell you that they dont have the original agreement

[johnnymitch]

Hi lisa,

As I said, that letter is so full of inaccuracies it's unbelievable. I wouldn't try at this stage, to answer point by point..........

 

I know the godmother won't mind that I've tidied up her letters - and I'll post them here for you to use if you want....... I think they say exactly what your points are ......... IMHO you should send them off (recorded delivery ) and await their reaction:

 

TO HSBC

Dear XXXXX

ref. XXXXXXXXX

Thank you for your letter dated XXXXXXXX

As you have admitted that you don’t hold a valid CCA for this account and the one you have sent me is an agreement that you cannot prove I may or may not have signed, then I consider that you have no evidence to base your accusation on.

The agreement you have sent me makes this account unenforceable. I am now saying, based on the letter and agreement you have provided that this account is unenforceable.

As a gesture of goodwill on my part I will pay you £1.00 a month towards this debt as long as you agree to:-

Remove all interest charges.

Removed all late payment fees.

Stop adding interest charges.

Stop adding late payment fees.

If you have not replied to me within 14 days of the date on this letter then I will assume you accept this offer.

Yours

TO MCS

Dear morons.

Ref XXXXXXXXXXXX

I am writing to advise you that HSBC have confirmed to me in writing that they do not hold a valid CCA for this debt. Copy of letter enclosed.

As you will know, you are not entitled to collect any money on this account due to their being no valid CCA. I respectfully request that you pass this account back to HSBC immediately and ,within 7 days of the date on this letter, confirm to me in writing that you have done so.

I look forward to your co operation in this matter.

Yours

I'd also like to hear other site members' views on this - I'm sure pete would have a suitably scathing reply if this lot doesn't work.

Also there is another, more long-winded set of replies which you could adapt to your dad's situation - I don'y know if you've got it, but can post it for you if you want...........