OH HSBC credit card debt

[benjibutton]

Hi

Wife has a debt with HSBC credit card in single name- paid since 1985 & never missed a beat. Due to change in circumstances cannot pay more than £5 monthly. Current debt is 10.5K @ £300 per month. Received Default notice. Have paid £5.00 per month for last 2 months, sent I&E asked for stop in interest/ charges - ignored - next step ??

Also ebay fees of about £100 - started at £10 - they screwed up email account so Paypal didn't work & she lost payments toalling £80.00. Now with DCO ? ignoring!!

Cheers

benjibutton

[Pipster2797]

I would CCA request HSBC. Doubt the will have the CCA from 1985. Mine hasn't even got mine from 2001!!

[silverfox1961]

Hi there.Welcome to the CAG

 

Personally I'd CCA them if it's a loan or credit card. If it's an overdraft that's a different issue.

HAve a look around the forum and read of others who have had similar problems. That will give you some ideas.

 

fox

[silverfox1961]

I should read more. didn't see that you had already said credit card. senior moment

[benjibutton]

What is a CCA request & why - Sorry if I'm thick !

[Pipster2797]

CCA Request is requesting the credit agreement you signed. Use the below letter. They have 12 working days to respond to your request and plus a further 2 days for post to arrive.

 

Have a look around the forum and read the other threads. It will open your eyes of how banks and Debt Collection Agencies behave.

 

 

Account No: XXXXXX

Dear Sir/Madam

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request. I enclose a payment of £1 which represents the fee

payable under the Consumer Credit Act 1974.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

Print your name and do not sign it. Also send a postal order and not a cheque!!

[silverfox1961]

Pipster, can i recommend an addition to your letter.

Put that the £1 fee is to be used for the purpose of the statutary fee and not to be used to pay into the OP's account

Benji.

Just in case you're wondering why not to sign it. It has been known that some of the more unscrupulous banks and debt collection agencies(although I'm sure HSBC don't) scan your signature and place it on a blank agreement.

whether that goes on still, I don't know but better safe than sorry.

 

fox

[Pipster2797]

Yes also add in what Silverfox said. As one of my creditors used the £1 postal order to pay off the account!! I forgot about that.

[benjibutton]

More Info

Itwas an ordinary card in Nov 1988 then changed to a gold card in Aug 2000 credit limit raised every time without request. Does this make a difference - Pippa ignore private message as the light is dawning !!

[benjibutton]

I have letter ready to post regarding default notice, but, I am going to send CCA request instead !

[Pipster2797]

More Info

Pippa ignore private message as the light is dawning !!

 

 

:D Its pipster as I'm a man and not a woman

 

When they upgraded your card and raised limits etc did you sign a new agreement? If not then its the original agreement you need. If you CCA them then they will provide you with the latest one you signed anyway. If they can not produce it, which I doubt they will be able to. Then it becomes unenforceable!! It's upto you what you want to do from there. I'm trying to pay my debts on a basis I can afford as most of my creditors are very unhelpful. So payments will be on my terms and not theirs.

[benjibutton]

Sorry Mate !

Senior moment!! Have posted CCA letter - do I continue to make £5.00 monthly payments or not ??

Cheers

Benji

[Pipster2797]

Did you send it by recorded delivery? Not sure I said that or not. Just if you send it by recorded delivery you can start counting the 12+2 days from when they signed for it.

 

I haven't stopped paying with my debts. I'm not trying to get out of them just merely trying to negotiate payments I can afford instead of them telling me I need to pay more when I can't even afford some of the basic things I need to live on.

Have a good read about and see what you are trying to aim for. It all depends on what you want to get out of it.

[benjibutton]

Hi Pipster

No didn't record it, but got proof of postage and put card ref no on postal order

[benjibutton]

Hi All

Recently sent CCA letter to HSBC Credit Cards, did not signed just typed OH name. Received back letter stating " unable to deal with as unsigned, please sign below & return within14 days" Also sent back £1.00 postal order.

Best advice appreciated

Help !!

[cymruambyth]

I'll have a look but somewhere in the regs it states that they cannot reques your signature for a CCA.

[benjibutton]

Thanks very much

[silverfox1961]

My advice would be to wait the required period (12+2 days) then send the account in dispute letter. You made the effort to get your CCA and you have the proof. They have failed in their obligation to supply it ergo, account in dispute.

 

fox

[rory32]

You may wish to send them the following.

 

Dear Sir/Madam,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2008 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S78 request.

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

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 hitherto found to be acceptable.I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this matter.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 78 was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

[benjibutton]

Thanks Rory 32 will use the above letter

benjibutton

[Perdita]

Hi, HSBC provided me with CCA's without a signature but no way would they provide the docs requested in the SAR - in the end I typed a random line of symbols such as !"£$%^%$£^&*() and then signed over it so that they couldnt copy it.

Good luck

[rory32]

Hi, HSBC provided me with CCA's without a signature but no way would they provide the docs requested in the S.A.R

Recent utility bills or a copy of one of their threatening letters regarding paying the account should be sufficient to identify you even for a SAR. A signature is not required.

 

If these documents aren't sufficient for them I find that getting a court order forcing them to comply suitably identifies me.

[Muffintop]

You may wish to send them the following.

thanks rory too for the above letter I will use it also, One thing Im unclear about is, should you allow 12 working days or not count wkends.Also what happens if you lodge the claim at moneyclaim online and pay your 120.00 then just before it goes to court they miraculously come up with the agreement, do you loose eventhough they didnt supply it in the time period required and do you also loose your 120.00 and get a bad credit rating on your credit file.Can they then take away your rate.. mine 3.9 for life of balance and also make you pay the whole lot back because they are naffed off with you.skeggsy

[creditcardmug]

You usually find that if you upset them in any way, like asking for your CCA for instance, they start doing things like reducing your limit to the current balance, finding something in the T&Cs that says they can increase the interest rate etc, so dont be surprised if any of this happens.

 

On the bright side they may not have an enforceable agreement, depending on the age of it.

[rory32]

One thing Im unclear about is, should you allow 12 working days or not count wkends.

It's 12 working days so you don't count Saturdays, Sundays or bank holidays.

 

Also what happens if you lodge the claim at moneyclaim online and pay your 120.00 then just before it goes to court they miraculously come up with the agreement

Why are you lodging a claim?