HSBC want a signed letter

[mimic51]

I wrote to HSBC for my CCA on my credit card and they sent the cheque back and a letter saying they would be happy to do this for free but need me to sign the letter so they can verify its me that is writing.

 

I sent the letter back with my signiture on it have I made a mistake?

[rory32]

Possibly. There is no requirement for you to give them a signature to receive a copy of the agreement. It has been known for some companies to copy and paste signatures onto an agreement - although I am in no way saying that HSBC will do this.

[mimic51]

Well will have to wait and see although my signature has slightly changed over the years and I did sign with my new signature!

[Lula]

excellent, so if they produce an agreement with the new signature it will be VERY interesting : - )

[mimic51]

Hopefully it will be very interesting!

[mimic51]

Right guys next chapter.

 

HSBC have sent a letter back saying that they have compiled everything I asked for but have sent a black CCA saying that Section 78 (1) of the Consumer Credit Act 1974 requires us to privide a copy of the Executed Agreement if any. Regulations 3 (2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulation 1983 allows that certain items may be omitted from such copies, including the signature box and signature.

 

Therefore the copy of the executed agreement we must supply a copy, but need not be a photocopy, of the signed Agreement.

 

They have sent me the terms 6 years ago and then the current terms.

 

The CCA is completely blank with not a shread of my details on it.

 

So what do I do now stop paying my monthly payments or carry on?

[ScarletPimpernel]

They may have complied with the specific requirements of s.78(1), but they can't enforce without the original executed agreement. HSBC know this - the letter they've sent is a standard 'we've been rumbled' template.

 

When this happened to me I stopped paying, and asked them to confirm that they did not have an original agreement. Ultimately they gave up, but not without a stream of silly 'final demand' letters.

 

Their next move is a template saying that they can pursue it because their grandly-titled 'Legal Dept.' says so. Risible nonsense, like everything else they send out.

[mimic51]

What about making payments on my term like £10 a month after sending them a monthly budget plan which will easily show that I cant afford diddle squat after going self employed and people going bankrupt on me?

[havinastella]

Pay them nothing.

 

Well until then shown you an 'enforceable' agreement!

 

Jogs

[mimic51]

ol will do that! Be nice to have some cash in my pocket for Christmas although have budgeted at £20 per person as I am not as stupid with my money anymore and being on a shoe string has brought out my talent for saving money and finding sites like this great one!

[mimic51]

I have now received two letters from HSBC saying that they need only send a blank CCA out and not the original and saying that this is final what letter should I send them next I am not sure as have sent them the last letter twice saying I want a signed copy of the CCA.

 

Help Please

[Docman]

It depends on the reason why you requested a CCA in the first instance.

 

IF you wanted to know what the terms and conditions apply to your account today, then you'vr probably got all you can expect. Personally, I think HSBC's intrepretation of the regulations is wrong but I do not see the point of pushing the matter to a court.

 

If you wanted to see a copy of the agreement that you signed because HSBC threatened legal action, then I would say the next step is up to HSBC.

 

As has been stated above, if HSBC take legal action, they will have to produce a true copy in court. HSBC know this but I suspect that even when they know they do not have an agreement, they still try it on because many people give in to their bully boy tactics. If they do come up with an enforceable CCA, then that is when you negotiate terms for repayment.

[Ross-co]

Send them a SAR

[dpick]

Send them a Subject Access Request

 

Hi I agree with Ross-co by sending for a copy of all documents held in your name they have to include a copy of your agreement as this request is made under Data Protection Act regs not CCA regs.

 

I used this with three creditors and it felled them all after the normal blank agreement responce.

 

It also gives you details of any charges to reclaim if the do come up with an enforcable agreement.

dpick

[mikek]

I had the same issues with 3 major high street banks. I followed this procedure:

 

1) CCA. Got photocopies of booklets and not signed agreements.

2) Sent DPA specifically asking for the signed agreement

3) Sent formal request for a copy of the signed agreement under Civil Procedure Rules 31.16 warning them that I will apply to court for pre-action disclosure of the signed-agreement if they do not send me the signed agreement.

 

Lo and behold two of them sent me copies of the signed agreements and the third phoned to say they will sent it today.

 

The two I got were archived in microfiche, illegible and without any prescribed terms. No wonder why they were quoting the copy regulations! they are unenforceable!

 

Keep going, you will get the copy you need in the end.