j-dub Vs HSBC Gold card

[johnnymitch]

Does any of this help pete?

 

 

Consumer Credit Act section 77

 

 

Consumer Credit Act section 77 - the time scales involved are:

12 days plus 2 before they are in default, then:

a further 30 days before thery are committing a statutory offence.

 

Here's the wording from the act;

 

(4) If the creditor under an agreement 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.

 

So after 14 days write and say they are not entitled, while the default continues, to enforce the agreement

 

And after a further 30 days write and confirm they are committing a statutory offence

====================================================================

Under section 78 (1) of the Consumer Credit Act -

A formal written request for any true copies of signed consumer credit agreements was sent to xxxxxx. via guaranteed delivery on the (date) (see attached document ) – to date they have not sent any copies of any Consumer Credit Agreements and have committed an offence under section 78 (1) of the Consumer Credit Act.

Also sent under section 78 (1) of the Consumer Credit Act A formal written request for any true copies of any signed Consumer Credit Agreements was sent to xxxxxxx. via guaranteed delivery on the (date) (see attached document ) to date they have not sent any copies of any Consumer Credit Agreements and have committed an offence under section 78 (1) of the Consumer Credit Act

I believe there are no properly executed signed Consumer Credit Agreements, If they had been able to supply these agreements then they would have done already to avoid committing an offence under section 78 (1) of the Consumer Credit Act

 

SECTION 78 (1) CONSUMER CREDIT ACT 1974 /

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

a) the state of the account, and

 

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

 

c) the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

The Consumer Credit Act in section 78(6) States that

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement

(b) if the default continues for one month he commits an offence

 

 

For the avoidance of doubt in this court the 2006 Consumer Credit Act does not change the above legislation……[/font]

Edited November 7, 2008 by johnnymitch
Phew ! sorting font marks - the width of this page is making it difficult LOL !

[johnnymitch]

Or ,there's this one from tom-term :

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131982-basic-information-credit-agreement.html#post1387968

[johnnymitch]

Hi j-dub - see my post on your other thread........

[johnnymitch]

Thanks for your input on that pete....... I tried to tip your scales but I've got to spread it around a bit first ........ laffin!

 

There you go j-dub - it's really up to you to decide which route you want to take , weigh up the pros and cons before you make a final decision .

[johnnymitch]

Discretion may be the better part of valour, j-dub - as pete said - if you get the wrong judge it could be costly .........

[johnnymitch]

I think you may have posted this on the wrong thread RDM - it was Milly5 who asked about the 30 -day rule......

 

 

On http://www.consumeractiongroup.co.uk/forum/hsbc-bank/168330-mcs-threatening-letter.html

[johnnymitch]

Sounds oK j-dub... but watch out for the small print .........

[johnnymitch]

Hi j-dub , welcome back

 

Sounds like a good result could be on the cards - keep us up to speed on progress with both if you could please - it'll help and encourage others not to take the banks ' behaviour lying down ...