OH HSBC credit card debt

[benjibutton]

Hi guys

 

In response to a CCA request I received the usual rubbish,I sent dispute letter last month , and I responded to their DCA threats , credit rating threat by usual account in dispute you cannot do this letter.

Their respo0nse now is they complied wth section 78 of CCA in November & had received no response from me ( blatant lie as have answered every letter) now say as they have fully complied account no longer in dispute - pay up ! or face consequences.

What do I do next ?

 

Thank you

 

 

Benji button

[Rayne]

Jog my memory on this - was it a CC or bank account? You COULD try hitting them with a SAR either way, always handy to know what they actually hold on you anyway, and if the alleged debt is made up of any unlawful charges, start the ball rolling to claim those back

[benjibutton]

Hi Rayne

This was a credit card debt

[cerberusalert]

Resend them the letter (recorded) that Creditcardmug posted;

 

Send them this,

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

Your ref: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

[benjibutton]

Hi Cerebusalert

Thank you I will resend letter, are we back to waiting 2+12 or is this instant?

Also should I resend copies of all letters ? as they claim no response, and finally, they attached an income /expenditure form but I oriinally sent one from Nat Debtline & on that I didn't have to nclude wageslip - debt is my partners in her single name

Cheers

B

[cerberusalert]

They are in default from your original CCA request, you don't need to send copies of anything else. Tell them to go forth and multiply with regards to the I & E form.

[benjibutton]

Thank you

Benji

[benjibutton]

Hi guys & gals

Further to previous posts

HSBC now passed account to M.C.S despite my having issued account in default letters etc, and continuing to pay minimal amount per month. Also passed details to Experian etc & saying we ignore their letters. I have responded to all their letters recorded delivery - however they have ignored mine ! My questions are Is M.C.S part of HSBC and what to do now?

They are chasing credit card debt of 11,000.00 asw they keep adding interst but cannot produce signed CCA.

Cheers & thank you

[RW Fugitive]

Hi guys & gals

Further to previous posts

HSBC now passed account to M.C.S despite my having issued account in default letters etc, and continuing to pay minimal amount per month. Also passed details to Experian etc & saying we ignore their letters. I have responded to all their letters recorded delivery - however they have ignored mine ! My questions are Is M.C.S part of HSBC and what to do now?

They are chasing credit card debt of 11,000.00 asw they keep adding interst but cannot produce signed CCA.

Cheers & thank you

 

Metropolitan are HSBC's in house collector.... I've dealt with them myself in the past...

 

Don't worry someone more experienced will be along to help shortly I'm sure. x

[Nottsdave]

no enforceable CCA means you are legally entitled to stop paying.

 

Your choice to pay or not.

 

Notts

[benjibutton]

Thank you

x

[Pinky69]

They will continue to add interest unless you put the account in dispute on the grounds there is no credit agreement.

[benjibutton]

Hi Pinky69

I used the account in dispute letter off this forum in December 08 & repeated info in Jan 09 both times recorded delivery. They accuseed me of using template letters from internet - My response showed that their letters were cut & paste as info was incorrect - no response until now

Cheers

benjibutton

[Helios]

MCS are just HSBC's inhouse collector and DG solicitors are their pet solicitor don't talk to any of these on phone

 

Send metropolitan the bemused letter informing the account was in dispute with the original creditor

[Pinky69]

ACCOUNT IN DISPUTE

 

Dear Sir or Madam,

 

Your Reference:

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with XXXXX and has been since XXXX 2008.

 

Not only is this in breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

 

As XXXXX are now in default of my Consumer Credit Act request, OFT Collection Guidelines have been breached, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to XXXXXX for resolution of these defaults and breaches, as XXXXXXXX cannot lawfully pursue any enforcement activities.

 

If XXXXXXXXXX chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully,

[benjibutton]

Thank you so uch for all your help everybody - you are grat on this forum

Cheers

benjibutton

[benjibutton]

Thank you so much for all your help everybody - you are great on this forum Sorry typo errors !!!

Cheers

benjibutton

[benjibutton]

Hi Guys & Girls

Partners Credit card debt now up to 11.5 with interest. Passed to Metropolitan -sent "bemused as account in dispute letter" received reply stating account now on hold & giving 30 days to resolve with HSBC. Next day received letter stating as we had made payments in past (£5 ) showed intent to clear debt ! I am now of work with stress - due to job, not HSBC so can use this as their fault.

Where do i go from here? They cannot produce signed CCA, i put account in dispute in Dec 2008 Suggested no more payment of £5 to partner -and as i am unlikely to return to work in near future i want this matter finished with- one less problem

Grateful for any help

Cheers

[master woody]

Firstly Metro and HSBC are them same company.....

 

How you play it is up to you, you could just keep paying the £5er and see how it gose...

[42man]

And I bet they are calling you a serious amount of times per day too....

 

If you want this finished then i'd suggest trying this - why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement - with THIS being the end result - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

[benjibutton]

Hi 42man

No they aren't calling me because i "sent in writing only is acceptable " letter, sorry i don't understand your suggestion to finish matter -please explain as i have followed all advice on this forum to get this far down the line

Cheers

[42man]

You send the a CPR31.16 letter which is a pre action protocol used to release a specific document, if they fail to produce it within 14 days, then you issue a letter before action, and if they still can't produce it you take them to court as the person above did !!

[benjibutton]

Thank you 42man - will do !

Cheers

[benjibutton]

Hi Guys & Gals -me again!

Response to my letter to request full disclosure under CPR giving period to respond is just usual blurb stating no further discussion & I can either go to financial Omudsman or take them to court - WHAT DO I DO NOW ?

Cheers

Benjibutton

[cerberusalert]

Have a read through; why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement - The Consumer Forums