hsbc credit card

[lack of cash]

hi anyone know where i can get the details about credit card charges

and if my agrrement with them is enforcable thanks to anyone that can help

[Castlebest]

Hiya loc and welcome to the HSBC forum

 

Credit card claims are much the same as any other claim, if you have been charged for late payments of exceeding your credit limit you can claim it back

 

Have a read of the Frequently asked questions section at the head of the forum to find out about reclaiming penalty charges.

 

To find out if your credit agreement is enforceable you need to send the bank a Consumer Credit Act section 78 request letter, they are bound by law to send you a true copy of the agreement.

 

pete

[lack of cash]

hi ya i have sent them a cca it took the fith time for them to send it me only the fourth time they acknoledge it saying it was not my signature sent it again on the fith time sending me a letter saying they could not find credit agreement in the mean time d&g solicitors took it court and got judgement and have now got a interim charge on my house have received from d&g sols my credit agreement and i would like to know if it is enforcable

[Castlebest]

Hiya Loc, here's a couple of threads that should answer your questions

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131982-basic-information-credit-agreement.html

 

just shout if you have any other questions and just to give you a bit of piece of mind judgments can be set aside if you can find fault with the basis the judgment was made on... so here's hoping you can find fault with your agreement

 

pete

[lack of cash]

thanks but i cant find none of that stuff on my agrement its just got credit agreement my name and adrress then personal data then my signature . think i must be a bit thick but dont understand any of this.

[lack of cash]

when i first had the card i was a single parent in a council house on income support . now my kids are at school and i dont have to leave them with a childminder i felt comfy going to work and bought my house now hsbc seem to want some of that and i feel that if i wanted a secure debt then i would av gone for a lone as it would have been cheaper. still dont understand how they can put a charge on my house please help

[Castlebest]

can you scan what they have sent and post it or describe it a bit more?

 

pete

[Castlebest]

thanks but i cant find none of that stuff on my agreement its just got credit agreement my name and address then personal data then my signature . think i must be a bit thick but don't understand any of this.

 

Hiya Loc, don't worry its confusing to start with what have DG sent you?

 

Is it your original application form for the credit card that you signed to get the card?

 

Does the form they have sent you have any terms and conditions on it?

 

let us know a bit more information and we can advise you what to do

 

pete

[lack of cash]

hi i can scan it but dont know how to get it on here help plz

[Castlebest]

Open up a photobucket account (free) and upload your scan in Jpeg format then just cut and paste it to here

 

pete

[lack of cash]

here we go...........

[lack of cash]

dont think i'v done that right will have to keep trying

[pinkduchess]

hes pretty good....but not that good ....lol

 

think youve got the jist....just need to play around with size. ....says me who hasn't got a clue about scanning

[lack of cash]

[lack of cash]

at last i have now managed to do it...

[Castlebest]

Well done Loc

 

Although this is headed Credit Card Agreement it looks more like an application form to me but it is still very fuzzy .

 

Do any of the terms and conditions have the following?:

• Anything stating how you are to make the repayments under the agreement?
  
• Anything stating the rate of interest to be applied to the credit issued under the agreement
  
• Anything stating your credit limit?
  

If it doesn't contain all three its not enforceable.

 

pete

[lack of cash]

Thank you ,there are no terms and conditions this is all that dg sent me . what should i do now as they have put a interim charge on my house any advice would be greatful as it in court again on 1st august

[Castlebest]

Then the debt is unenforceable and your CCJ should be set aside let alone the charging orders. have a read of this thread

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

then come back and ask us about the bits you don't understand

 

by the way how are you at talking in a formal situation? can you put your side of the argument clearly to a judge or would you get flustered?

 

pete

[lack of cash]

have been on national debtline dont understand most of it and as far as i know i have no ccj just the interim charge on my house and i am not at all good in front of a judge :o

[sequenci]

have been on national debtline dont understand most of it and as far as i know i have no ccj just the interim charge on my house and i am not at all good in front of a judge :o

 

There MUST be a CCJ if there is an interim charge. I assume it is a default judgment which means that it was never contested. You may be able to set it aside if you have a reasonable ground which the unenforceability argument could well be.

[Castlebest]

Thank you Sequenci, thats what I thought but wasn't sure, I owe you a pint .

 

loc, you have six days to put together a document which proves your Credit Card Agreement does not comply with the requirements of the Consumer Credit Act and is therefore unenforceable and on those grounds you must request the banks application for a charging order is refused and the CCJ you have against you is set aside.

 

All of the information you need is in the national debt line page I posted earlier but if you feel you are unable to do this yourself I think you should make an urgent appointment to see your local Citizens Advice Bureau, the sooner you can do this the better and defiantly before your court appearance on Friday.

 

pete

[lack of cash]

well went court today and i must say i think the judge must hav shares in hsbc as i walked in the room she said i was lucky to as i was late ( i was infact there 40 mins be for the time)what a waste of time she had no interest in anything i had to say d&g solicitor was in the room already and the judge said we have not been discussing your case think she made her mind up before i went in as she put the charge on my house anyway and told me to try to have it set aside but dont stand much of a chance as i borrowed the money so i have to pay it back felt like i was in the head teachers room .... so how do i try and hav this set aside and and would i be able to ask for a different judge as she said iv done 50 or 60 charging orders today her words to me were did u borrow money i said yes she said then u hav to pay it back dont think they will make u sell yur house for £4000 making the order u can go that was the jist of it WHAT A BIT*H dont no if i can swear any one with a bit of help please what should i do now

[lack of cash]

friday afternoon think they all just wanted to go home i will say i found that judge very intimidating

[Castlebest]

Well done loc it takes some nerve to walk into a situation like that and it sounds like you tried to get your points across, unfortunately there is nothing you can do if your judge is not interested in what you are saying .

 

I think you should phone the National Debt Line (the number is on the link below) and go and discuss your situation with them . They employ legally trained advisor's who will give you advice for free and will be able to look at your case and the documents you have received and give you honest and unbiased advice .

 

National Debtline England & Wales, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

 

Good luck and keep us posted

 

pete

[pt2537]

What an absolute FARCE

 

but i must say,im not surprised that the judge took that stance and i am guessing that you didnt put forward any case law to support your reasons as to why the law says you should not pay back the money etc,

 

many judges cannot get their heads around the fact that an unenforceable credit agreement means no repayments

 

you would now need to look at getting the judgment set aside, you would need a good reason and would need to make a strong application supporting it

 

 

was todays case a application to set aside the previous judgment? or was it their application for a final charge over the house?