debt with hsbc

[pt2537]

Im sorry but id have to disagree with Johnny,these letters will IMHO be ignored by HSBC, i think that a SAR will nail this, you have a right to ask for the data and they have to provide it however if they dont have the signed agreement then they will have no choice but to tell you,

 

and also if you ask for a break down of charges added to the account you can reclaim them too so its a double whammy

 

if they dont comply with a SAR then you can take them to court, there is info on this in the templates library

[pigsic]

Thank you very much will get a S.A.R sent off, we did that with dads overdraft but still heard nothind so we going to have to go get an n1 from the courts. Did you see where they said information you getting off the sites is misleading how dear he

lisa

[pt2537]

Thank you very much will get a S.A.R sent off, we did that with dads overdraft but still heard nothind so we going to have to go get an n1 from the courts. Did you see where they said information you getting off the sites is misleading how dear he

lisa

ah but theres the thing Lisa, they couldnt admit that we are right could they;)

 

they know when they are onto a winner and when they are on a loser and when they realise they are losing they try to pull out all the stops to make you think you are wrong

 

the thing is, make sure that in your SAR you ask for the signed credit agreement specifically , then they have no room to manoeuvre

[pigsic]

Hi paul

would I you the template letter and then just and the bit for a signed credit agreement to the bottom and would you address it to the fella how sent the other letter to dad

lisa

[pigsic]

Hi

I was just wondering if I still need to write to metropolitian about this account cos we are s.a.r them as pt has adviced the thing is metro have today started phoning dad

thank you

[johnnymitch]

Time to send them the godmother's letter Lisa ....... and a letter telling them to stop phoning and use only written communication.... try this one, suitably amended.

 

Harassment by telephone - response letter

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

[NAME HERE]

Remember - don't sign the letters - print the name, and send recorded delivery........

[citizenB]

I received one of these letters along with a blank application form. I like the bit where he quotes

 

"Section 78(1) of the Consumer Credit Act requires us to provide a copy of the Executed Agreement if any. Regulation 3(2) or the Consumer Credit Regulations 1983 (cancellations, Notices and copies of Documents) allows that certain items may be omitted from such copies, including the signature box and signatures"

 

I am sure that nowhere in those regulations it does say that EVERYTHING can be omitted:rolleyes:

[pigsic]

I received one of these letters along with a blank application form. I like the bit where he quotes

 

"Section 78(1) of the Consumer Credit Act requires us to provide a copy of the Executed Agreement if any. Regulation 3(2) or the Consumer Credit Regulations 1983 (cancellations, Notices and copies of Documents) allows that certain items may be omitted from such copies, including the signature box and signatures"

 

I am sure that nowhere in those regulations it does say that EVERYTHING can be omitted:rolleyes:

Hi citizenB

did you reply to that letter hsbc bank sent you and if so what did you reply. Is metro in contact with you aswell

lisa

[citizenB]

Hi lisa,

 

I have had no dealings with Metro. I sent HSBC a S.A.R. letter as advised by pt2537. I didnt receive anything different to what I had received from the CCA request. My next step was to photocopy all correspondence between myself and HSBC and sent a complaint to the Financial Ombudsman. The next threatogram I received from HSBC, I just replied saying that everything was now with the FOS and gave them the FOS reference number. I also said that any future correspondence from them would be copied to the FOS and they havent written to me since.

 

Hope this helps.

[Castlebest]

Metro are little more than HSBC's collections department, they use a different letter head to fool everyone but they share a building with DG solicitors and they all have the same data controller as HSBC and DG... in other words its effectively the same company

 

pete

[pigsic]

Hi going to get s.a.r ready today to post tomorrow should i send metro a letter aswell.

lisa

[freakyleaky]

Hi Lisa. Just send the sar to hsbc and inform Metro that this is what you have done.

[pigsic]

Hi I was just wondering if you could check this for me as I have add the bit about the signed credit agreement

 

 

 

HSBC Bank plc

365 Chartwell Square

Southend-on-Sea

Essex

SS99 2UU

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

CREDIT CARD ACCOUNT NO:

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

 

Could you please supply a true copy of a signed credit agreement.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information, which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one, which you normally use to communicate my private business to me and which you have therefore found to be acceptable.

Yours faithfully,

 

 

 

[pigsic]

Can I also ask should I send metro a letter saying that the account is in dispute so to send it back to hsbc bank

lisa

[pigsic]

I am really sorry but just looking in dads folder and on the 12 June day after that letter I posted on here dad received another letter saying

 

Thank you for your recent letter

 

I regret that I am unable to provide you with a copy of the original application in respect of the account.

 

Section 78 (1) of the Consumer Credit Act 1974 requires us to provide a copy of the executed agreement if any. Regulation 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 allows that certain items may be omitted from such copies, including the signature box and signature.

 

Therefore, the copy of the executed agreement we must supply is a copy but need not be a photocopy of the signed agreement. Regulation 7 of those regulations also requires us to provide a copy of the executed agreement, as varied, where there is a power to vary the terms of the agreement, which there is with your card agreement and that power has been exercised to vary the agreement, which again is the case with your agreement.

 

We have therefor enclosed an up to date copy of the terms and coditions applicable to your account, a copy of the latest variation notice issued in respect of yoyr account and a blank copy of the agreement form.

 

The agreement form contains the original terms and coditions that you accepted when you entered into the agreement. Clause 7.5 gives the Bank the right to vary the terms and conditions. The variations notice shows that the terms have beenvaried and therefore in accordance with this legislation the u tp date terms and conditions are the appropriate information to produce.

 

Should you require any further information or assistance please telephone one of our representatives on 08456 077088

[johnnymitch]

Just take the bit about the Credit Card out lisa, and send the rest..........

 

I would have said you should keep them separate anyway, they're different requests.

 

I think you published that letter before, I seem to remember referring to it recently, when I said they'd admitted they can't produce a signed copy .

The rest is waffle - no signed copy - no enforcement!

[pigsic]

Hi Johnny

Thank you will get it printed now and send it off tomorrow. Can i just ask should I send metro an account in dispute letter

lisa

[pt2537]

Hi Lisa,

 

sorry i disagree with Johnny

 

i would leave the request for the copy of the credit agreement in the SAR, i see no reason to remove it.

 

they can plead that they have complied with the CCA 1974 and the Copy Documents regulations by supplying a unsigned copy of the agreement, however if you are asking under the provisions of the DPA 1998 they must either provide a copy or provide an explanation as to where the agreement has gone. remember that a credit agreement must be retained under money laundering regulations among others so if they have lost it, they are in a world of trouble

 

now if they fail to comply with your SAR, you can ask a court to order their compliance so i would strongly urge you to ask for the statements AND the credit agreement and the terms and conditions when the agreement was made

[pt2537]

Could you please supply a true copy of a signed credit agreement.

i would change this line to the following

 

 

HSBC Bank plc

365 Chartwell Square

Southend-on-Sea

Essex

SS99 2UU

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

CREDIT CARD ACCOUNT NO:

This is a request made under the provisions of Section 7 of the Data Protection Act 1998

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

Also, i require that you provide a copy of the original signed credit agreement that you hold on your files. If you are unable to provide a copy i require an explanation as to the whereabouts of this document. Additionally if it has been destroyed i would like clarification as such and/or a copy of any notes relating to its destruction

 

I also require a copy of any application forms held on file in relation to this card account

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information, which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one, which you normally use to communicate my private business to me and which you have therefore found to be acceptable.

 

Yours faithfully,

 

 

[pigsic]

Hi paul

 

can I just ask you if I should send metro any thing as they are saying that the account is with them but I beleive it is inhouse dc. I have sent s.a.r off today

thanks lisa

[pt2537]

Hi Lisa

 

I would send them a brief letter advising them that the account is in dispute, you have raised the matter with HSBC and once they respond to your correspondence , you will be intouch with them in writing,

 

ask that they hold the account until this matter with HSBC is resolved

[The GodMother]

I would put in that if they feel they cant hold the account then passing it back to HSBC would be a better option for them.

[Castlebest]

Metro are little more than HSBC's debt collection department anyway, they only deal with HSBC group debt collection.

 

They work from the same building as DG solicitors and I believe they have the same computer network as the rest of HSBC, they certainly have the same data controller as HSBC and DG.

 

pete

[pigsic]

Metro are little more than HSBC's debt collection department anyway, they only deal with HSBC group debt collection.

 

They work from the same building as DG solicitors and I believe they have the same computer network as the rest of HSBC, they certainly have the same data controller as HSBC and DG.

 

pete

 

Hi there do yo think I really need to send them a letter then or do you think they will find out from HSBC bank that I have been in contact with them

lisa

 

this is the letter that i have prepared dont know if it any good as Im not very good at putting letters together

 

 

I am writing to you in connection with the Hsbc Credit Card. This account is in dispute and I would appreciate it if you passed this account back to HSBC Bank with immediate affect.

I require the you write to me within 7 days to inform me that you have do so.

[citizenB]

Hi Lisa

 

I would send them a brief letter advising them that the account is in dispute, you have raised the matter with HSBC and once they respond to your correspondence , you will be intouch with them in writing,

 

ask that they hold the account until this matter with HSBC is resolved

 

Hi there do yo think I really need to send them a letter then or do you think they will find out from HSBC bank that I have been in contact with them

lisa

 

this is the letter that i have prepared dont know if it any good as Im not very good at putting letters together

 

 

I am writing to you in connection with the Hsbc Credit Card. This account is in dispute and I would appreciate it if you passed this account back to HSBC Bank with immediate affect.

 

I require the you write to me within 7 days to inform me that you have do so.

 

 

Hi Lisa,

 

A mixture of what Paul advised you say in an earlier post and what you have there.

 

Say...

 

Dear Sirs,

 

ACCOUNT NO: xxxxxxxxxxxx

ACCOUNT IN DISPUTE

 

This account is in dispute with HSBC and I am in communication with them regarding this matter.

 

I will write to you again as soon as HSBC have replied to my letter dated XX XX XXXX

 

Alternatively, perhaps you can refer this account back to them.

 

Please advise me of your decision within 7 days.

 

Regards..