credit card debt

[MrMT]

I'm probably not the best person to advise, (hopefully someone more clued up can post here?) but personally I would contact the FOS by phone explaining to them "the ICO recommended I call you to report HSBC for failing to fulfill my SAR" and take it from there.

[frettful38]

Thanks MrMT will do 1st thing in the morning

[frettful38]

UPDATE!!!!!!

 

I received a letter today from the Information Commissioner's Office in regards to a complaint I put in against HSBC for non-compliance of my Subject Access Request made to them in Dec 08.

 

The ICO have replied saying that they have contacted HSBC regarding their non-compliance of my SAR and HSBC told them they had written me five letters asking me to provide me with my signature in order to identify who I am. And because I did not send HSBC my signature the ICO have considered the matter closed.

 

So by law I do not have to provide my signature to HSBC, and if I complain to the ICO they will not do anything and where does that leave me.

 

Should I just keep ignoring letters from HSBC? or should I just squiggle down any kind of signature and send it to HSBC saying it is mine?

 

Really lost on what action to do next, any advice please?

[MrMT]

I'm not any authority on the subject but I would write back to the ICO and ask them where it says you have to send a sig and if there is no such law/regulation ask them to re-open the case.

 

If you feel you have to send a signature, invent a new one especially for this case so if it is "lifted" and pasted elsewhere, you have proof.

[frettful38]

Thanks MrMT for your sound advice, that's what I will do along with the million other things today ,

 

Such a beautiful day and having to sit and do all this is such a shame,

 

Thanks

 

frettful

[frettful38]

I received this from HSBC, it has got my reference number on it and it has got someone else's credit card number next to mine

 

This agreement contains information about a current account I have with them and they have combined it with my credit card. No where on this agreement is my credit card number or correct details. Is this a joke?

 

I am really ###### off with what they have sent and I do not know is this what my cca should look like?

 

Please advise anyone on what my next step should be, I was going to write to them and set up a payment plan to start paying off, but after seeing what they have sent me maybe I should take my time.

 

 

This the reply for my CCA request, I have not had my reply to my SAR yet.

Edited March 5, 2009 by frettful38

[MrMT]

Again, I hope someone more knowledgable can help you in this matter but my non-legal mind gets the impression they know exactly what you're after but refuse to (or cannot?) produce it.

 

If it is clear that their response is to your CCA request and that they haven't responded to the SAR, then I would be inclined to let them know and Carbon Copy to the ICO as a clear failure.

 

As for the enforceability of what they sent, it's not clear to me as I'm not fully conversant with the relative laws, again hopefully someone here can give a definitive answer/response. I agree it's probably best not to instigate a payment plan while you're still unhappy about their compliance.

[frettful38]

Thanks MrMT again for your advice, I will wait to see what replies I get

[frettful38]

bump

[frettful38]

Bump!

[frettful38]

I don't know why my pictures and attachments that I post up get deleted or removed, could someone please help me here,

 

Also I do not know what to do next, HSBC have sent me my CCA request, but it really does look

[frettful38]

HSBC have sent me my reply to my CCA request, I am almost certain that it is unenforceable, but would like some further advice please. Its not that I do not want to pay this amount but if it is then I would like to come to arrangement with HSBC on my terms. This way I can stop them from adding interest and charges, also on the first letter they have written my ref number and there is someone else's credit card number next to my ref

 

please could someone help?

 

http://i450.photobucket.com/albums/q...et/hsbc/h1.jpg

 

http://i450.photobucket.com/albums/q...et/hsbc/h3.jpg

http://i450.photobucket.com/albums/q...et/hsbc/h4.jpg

http://i450.photobucket.com/albums/q...et/hsbc/h5.jpg

http://i450.photobucket.com/albums/q...et/hsbc/h6.jpg

http://i450.photobucket.com/albums/q...et/hsbc/h7.jpg

http://i450.photobucket.com/albums/q...t/hsbc/hb8.jpg

http://i450.photobucket.com/albums/q...et/hsbc/h9.jpg

http://i450.photobucket.com/albums/q...t/hsbc/h10.jpg

 

I know its a bit long, but this is what they have sent me, thanks in advance

Edited March 7, 2009 by frettful38

[frettful38]

Bump

[cashins]

Unless I am missing something, the page containing the prescribed terms has nothing whatsover to link it to anything you have signed.

 

Unenforceable in my opinion.

 

David

[frettful38]

Thanks cashins, I thought as much too. As far as I can tell it is unenforceable, and the strange thing is that next to my ref no there are someone else's credit card details. It has nothing to do with my cc number at all.

Also this is the reply that HSBC have sent me to my CCA request to them which I made in JAN 09. On the pages which I have covered up they have combined my bank account number along with someone else's credit card details, that's very strange. But no way is this my cca agreement. I opened my credit card account with them in 2004 and they have sent this response Jan 06.

 

So I don't know whether to sit and wait to hear from them, or tell them what they have sent, also I have checked my cc account online and they are continuing to add interest about £50 a month.

 

No doubt give a few more weeks and I will get a default notice, or letter from a DCA.

[frettful38]

I received a letter from HSBC a few days ago saying that they were concerned that I had not made a payment towards my credit card balance this month.

In 2 months they have added charges & interest totaling £118.00. Because of this amount I have gone over my credit limit.

Maybe I should write back and say that

 

DEAR HSBC,

 

IF YOU STOPPED ADDING INTEREST AND CHARGES TO MY ACCOUNT THEN THERE WOULD BE NO NEED FOR YOU TO BE CONCERNED. IT IS BECAUSE YOU KEEP DOING THIS THAT MY ACCOUNT HAS GONE OVER THE LIMIT.

 

IF YOU FROZE ALL INTEREST AND CHARGES ACCORDING TO MY ACCOUNT IN DISPUTE LETTER THEN THERE WOULD NO NEED FOR YOU TO BE CONCERNED.

I SHOULD BE THE ONE CONCERNED AS YOU ARE THE ONES WHO HAVE BEEN RIPPING ME OFF BY ADDING ALL THE ££££££££££££ 'S TO MY ACCOUNT

 

BTW WHERE IS MY REPLY TO MY S.A.R AND MY PROPER COPY OF MY CCA.

[steven4064]

It would be better to send non-compliance letter about the statutory requests they are not complying with

[frettful38]

Thanks steven4064,

 

I will do that tomorrow,

[frettful38]

I have written back to the Information Commissioner's Office and have sent them a copy of the cca that HSBC sent me. I do not think it is enforceable because it does not have my signature on it.

The ICO wrote to me last month and said that they have closed my case because I did not supply HSBC with me signature after they had requested this from me 5 times.

The cca they sent back to me contained more details of my bank account than any of my credit card details. No where in the cca was my credit card number or details, in fact they sent me someone else's credit card number on the first page of my cca

 

Just waiting to see what happens now.

[frettful38]

I received a letter from the Information Commissioner Office a few days ago regarding the incorrect cca HSBC sent me and they replied,

 

There is no requirement for HSBC to send you a copy of the original agreement. HSBC may simply send you a copy of the terms & conditions of the agreement. Further to this sections 77 and 78 of the CCA do not apply once the agreement has ended; therefore a creditor does not have to supply you with a copy of the agreement if the credit has been repaid."

 

Firstly I have not ended my agreement not paid it off, so let me get this straight HSBC do not have to send me a copy of my cca with my signature on it. very confusing

 

It goes on to say that the failure of a creditor to produce a copy of the signed agreement is not, on it's own, evidence that any debt you may have does not exist or that it is not enforceable and should therefore not appear on your credit file. If the credit grantor can supply some other evidence of the agreement and you have no evidence to contradict this, then it is likely to be proper for the debt to continue to be recorded on your credit file

 

any suggestions from anyone?

[frettful38]

bump

[frettful38]

bump

[frettful38]

I have an unenforceable credit card agreement but due to moral obligation I would like to start paying off what I owe. If I write to HSBC and tell them that I can only afford x amount each month any ideas what they would say?

I have got a lot on at the mo and would love to tick at least one headache over on my list.

 

I have not recevied my SAR yet either because I wanted to know how many charges and interest they have applied, then deduct this from the balance I owe and come to some sort of arranngement to start paying.

 

I sent them an account in dispute letter over two months ago regarding my SAR but they are still adding interest and charges. I think maybe I wrote to them in Japanese that's why they probably didn't understand my letter.

I am 2 months behind and wondered should I wait for my SAR or start to pay?

 

thanks in advance

[frettful38]

My OH has an arrangement to pay off his credit card debt with HSBC at 5.00 a month and he has checked his credit file and they have entered a default against his name. Are HSBC allowed to do this?

He received his cca agreement after sending a cca request and it was enforceable because it had his signature. He has not received his S.A.R since requesting it in Dec 08. The ICO have written to HSBC asking them to comply with his request.

HSBC raised other half's credit limit also without him knowing to £3,100.00. Are they allowed to put a default on his credit file even if they don't comply with his S.A.R?

He really wanted to get hold of this because he knows that there are a lot of charges and interest that have been applied.

 

Any suggestions from anyone on what to do next please?

[frettful38]

I am still waiting to hear from HSBC about my credit card debt with them They sent me a copy of my cca which had nothing to do with my credit card account, most of the sheets of papers they sent me were to do with my current account. I am in a bit of a kuffufle at the moment as to what next to do.

More than likely they have not got an enforceable credit card agreement, which leaves me at where?

I would like to sort this mess out asap as I have other important things to do. I have not received my SAR from them since requesting it Dec 08. If I had that then I could see how much interest and charges they have applied and get them knocked off the balance and maybe come up with a payment plan.

 

Any ideas what I should do next or should I just carry on waiting, thanks