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HSBC Valid Agreement?


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Hi Guys

 

Can anyone check to see if the attached HSBC agreement complies with the CCA?

 

Thanks.

HSBC.pdf

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

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

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

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

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

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Looks enforceable to me, anita.

 

Has PPI been missold?

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/61081-ppi-some-notes-claimants.html

 

Has the account been Defaulted/Terminated?

 

Any penalty charges applied?

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Looks enforceable to me, anita.

 

Has PPI been missold?

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/61081-ppi-some-notes-claimants.html

 

Has the account been Defaulted/Terminated?

 

Any penalty charges applied?

 

Its an odd one.... Yes the account has been defaulted and terminated, its with Metropolitan but I think they are the inhouse DCA for HSBC.

 

How its odd is that I had a current account with them. My credit report shows a default on the current account that had OD but I 100% know I didn't get a default notice for this current account.

 

When I CCA'd them for the current account, I even used the current account number, I got back the CCA for the loan which has a different account number.

 

I queried this with them but haven't got anywhere with it, just a load of rubbish about them using my current account as the linking account for accounting purposes.

 

Personally I think they have lumped the loan in to the current account and passed it over to the DCA to avoid having any responsibilities under the CCA.

 

They have refunded £70 of PPI on the loan already. There were loads of penalty charges on my current account, but I left it too late to do anything about these.

 

I don't actually know what I can do. I was hoping the agreement was unenforcable.

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

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

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

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

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

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Hi Anita,

 

Things will be different if this is a current account, as there is no need for a Default Notice - you should have received a Termination Notice, however, which is similar.

 

Current Account Overdrafts are also not required to conform to the form/content requirements of Part V, s.60/s.61 CCA 1974. There's some more on this through my Barclays Default Removal thread, as I'm challenging my OD with them, here;

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/110184-car2403-barclays-bank-default.html

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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  • 4 weeks later...

Looking at this again, it seems the agreement is missing a perscribed term. The interest rate is missing.

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

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

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

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

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

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Share on other sites

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Previously discussed on one of the other threads with car2403 on here http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-572.html Post 11435 and on for a few posts.

 

APR is a calculation and includes other factors such as fees etc. There are quite a few different definitions.

 

I'm open to discussion on this because I want to query this with HSBC and have just queried it with IF.

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

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

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

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

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

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Its my only thing to dispute on this. Other than them moving the debit balance on the loan to a current account (still unsure where to go with this)!

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

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

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

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

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

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Share on other sites

Am I crazy to use the missing interest rate for dispute only?

 

As the loan was moved to to a current account HSBC have managed to get out of their obligations under the CCA. When I queried current account default they sent back loan docs. I raised this but have heard nothing. I have about £130 of charges on the current account to claim back but as the account is not terminated I have no notices so this wouldn't make anything incorrect as such.

 

Not sure what else to do. I really really need help on this one!!!

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

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

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

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

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

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  • 1 year later...

Its been a while since I've posted on this as Metropolitan weren't chasing me. I just got a letter from them today because of the charges failure. Can someone take a look over my agreement again? Is it enforcable? Is there anything new I could use? Thanks in advance.

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

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

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

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

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

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Share on other sites

Have you reclaimed the PPI?

 

Was this document signed in the bank or at home?

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Have you reclaimed the PPI?

 

Was this document signed in the bank or at home?

 

 

Hi, Yes PPI reclaimed and in the bank. Its all very confusing. HSBC placed this loan in to a current account I had when it defaulted. So now the account numbers don't match up. Metropolitan are chasing me for the current account which has a figure way more than any limit OD I ever had. They admit they moved the money over for accounting proceedures. But of course the docs for the loan have a different account number.

 

I've brought all this to their attention but they choose to ignore it and me.

 

Also the agreement mentions the word interest but only states APR. I didn't know where the APR/interest argument had gotten to.

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

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

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

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

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

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Share on other sites

Have you sent a SAR to the original creditor to see what has been happening with the a/cs.?

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Share on other sites

Have you sent a SAR to the original creditor to see what has been happening with the a/cs.?

 

Hi, Yes I did. They sent me statements. None of the figures are the same. For instance they paid out of the current account 7232.70 in to the loan account and then paid in 8167.34 in to the current account under an Account Transfer. The loan account statement is marked as loan early closure with 8692.47 being paid in. Both statements say the accounts were closed on the 24th oct 2002 when all this moving around happened. Its all very confusing and nothing seems to add up correctly! I asked for an explaination but never got one so placed the account in dispute. They think its in dispute because of the charges but that isn't the case as far as I'm concerned.

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

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

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

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

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

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