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Lost2BFound
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hi, I'm new to the forum and am reading, learning, getting confused, having a cup of tea and getting confused again lol

 

I have a HSBC Mastercard which,even though I have explained to HSBC, I cannot afford to pay the monthly minimum , nor the previous repayment agreed upon when I was forced into a lower paying job after I got the card.Since then I lost my job :( but had managed to pay through some savings I had ...until they ran out and I now have nothing but benefits to live on:(

 

They are hassling me for back payments even though I have explained my financial situation and filled an incomings/outgoings form at their request. I have offered (and am paying)a payment of £10 per month.

After refusing £10 as a payment and refusing to help set up an affordable payment plan,they threatened me with a debt collection agency ..that was in August 2008 ,I recently received a final demand (after a few letters still threatening a debt collection agency)

I have phoned and talked to numerous members of call centre staff who all seem to have different notes on their system....

 

I'm still being charged interest and want to get my unfair charges back. I understand I need to send them an ACC request and basically am trying to get all the info before proceeding....yes I know the answers are here, but I'm finding it difficult to find them...please help ! with a nudge in the right direction lol

 

I also wish to pursue the refund of unfair charges on my current account with HSBC too ....

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Hi Lost2BFound welcome to CAG:) When was your card taken out? Have you written to them explaining your difficulties or just spoken on the phone? To get a copy of your agreement you need to send a CCA request. To find out what charges have been levied you would need to send a SAR request which costs £10 and they have to send you all data they hold on file for you. If you could just answer the 2 questions and we can help a lot more. Don't worry, you have come to the right place for help, advice and support.:)

<<<If I have helped please tickle the scales;-)<<<

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Hi lost2BFound ,

 

welcome to the forum . :)

 

You have a couple of issues here , but I think the first thing you need to do is get your money for everyday expenses out of reach of HSBC by opening a 'Parachute Account' with another bank , not connected in any way to HSBC . This link should help :

 

Parachute Account

 

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

 

http://www.moneymadeclear.fsa.gov.uk/pdfs/bank_accounts.pdf (Courtesy of Lateralus)

 

On this account you must not go overdrawn , but use it for your everyday income and expenditure. If you can afford to keep paying £10 to HSBC I would say do so, it'll show that you were willing to pay off your debt on terms you could afford.

 

To reclaim your Current Account Bank Charges - here are some links to get you started .... :

Links for new starters

http://www.consumerwiki.co.uk/index.php/Step_By_Step_Guide

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Templates library

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

The templates library will give you the letters you need for SAR and beyond .

This link will explain what they need to produce as result of your SAR :

SAR (Subject Access Request

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

Explanation –what a SAR is

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

 

It has nothing to do with the bank why you need your S.A.R - (Subject Access Request) information, they have a legal obligation to provide ALL of the records they hold on you when you request it. This includes ALL of your accounts ALL of their internal notes and ALL of their correspondence ANYTHING with your name on it, and all for £10[/font]

 

they should send you anything with your name on it for any account of yours they have for a single Subject Access Request. This has nothing to do with how many accounts you hold with them its a request for all and any data they hold concerning you, this includes;

copies of correspondence,

copies of internal notes,

copies of any telephone recordings or a transcript of the recording copies of statements of account

and last but not least a copy of the terms and conditions agreed to by you governing the account. literally anything with your name on it or about you... and all for £10.00 bargain

 

Once you have started the ball rolling on this , make sure that HSBC know that your account is 'In Dispute' , so that they can't take any recovery action on your CC account and if you're paying £10 a month they're on a sticky wicket anyway ....

 

I think this is probably enough for you to be going on with at the moment , Lost2BFound , but by all means come back at any time and ask if you're in any doubt ..... someone will answer - and we're user-friendly on here .....:D

Edited by johnnymitch
Tidying up font markings..........

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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hello fedup47 and jonnymitch and thanks,

 

to answer fedup47 I've had the card for over 3 years, the previous agreed ,lower payment plan was agreed face to face in branch about 3 years ago,when trying to get the new reduced amount by talking to someone in branch I was told they no longer deal with creditcard queries and that i had to phone the mastercard people, so i have only spoken on the phone...which has been difficult as I am not a large account bank customer and get directed to overseas callcentres , who quite frankly don't seem to have a clue what they are doing if the information isn't on the screen in front of them ...although I have requested on numerous occasions, to be redirected to a manager or english call centre it has never happened!

 

jonnymitch I am looking into opening a parachute account , but will have to get out of the HSBC overdraft which is going to be difficult as I am only recieving JSA and my outgoings are greater than my incomings...so basically I am making sure I can afford to switch accounts.

 

Recently HSBC Mastercard took funds from my backdated housing benefit to pay the backdated credit card amount...to which I wrote to them registered mail telling them they had no right to take goverment funds granted to me for any debt which I have with them....the £144 was swiftly replaced into my bank which was a small triumph...and also the inspiration to recover other monies unfairly seized or taken from my ever decreasing incoming balance lol

 

Thank you for the advice :)

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hello fedup47 and jonnymitch and thanks,

 

to answer fedup47 I've had the card for over 3 years, the previous agreed ,lower payment plan was agreed face to face in branch about 3 years ago,when trying to get the new reduced amount by talking to someone in branch I was told they no longer deal with creditcard queries and that i had to phone the mastercard people, so i have only spoken on the phone...which has been difficult as I am not a large account bank customer and get directed to overseas callcentres , who quite frankly don't seem to have a clue what they are doing if the information isn't on the screen in front of them ...although I have requested on numerous occasions, to be redirected to a manager or english call centre it has never happened!

Hi, L2BF :)

You dont have to deal with them by phone. Write to the Mastercard people or to HSBC with any queries you have . Tell them that you will only correspond in writing, in case of any court proceedings which may ensue...(whether there are any in the frame or not !)

 

jonnymitch I am looking into opening a parachute account , but will have to get out of the HSBC overdraft which is going to be difficult as I am only recieving JSA and my outgoings are greater than my incomings...so basically I am making sure I can afford to switch accounts.

 

The reason for opening a parachute account is to get your money away from HSBC, Leave the Overdraft where it is and open an independent account where you can have your money paid in without them hi-jacking it for your card debt . You may have to work out a stringent budget so that you don't go overdrawn on the parachute account , but it'll give you breathing space to deal with HSBC on your own terms ...... and as I said , if you can afford to pay them £10 keep doing it. It'll go in your favour if they ever try to take you to court , because a court will only order you to pay what you can afford ..............

 

Recently HSBC Mastercard took funds from my backdated housing benefit to pay the backdated credit card amount...to which I wrote to them registered mail telling them they had no right to take goverment funds granted to me for any debt which I have with them....the £144 was swiftly replaced into my bank which was a small triumph...and also the inspiration to recover other monies unfairly seized or taken from my ever decreasing incoming balance lol

Well done for standing up to them and getting your benefits back - thet have done this with a lot of people and by the law of averages will probably get away with it .... but it's illegal and they know it !

 

Thank you for the advice :)

 

You're welcome..happy to help.. by all means come back if you need more .......

PS Meanwhile , get your SAR off as soon as you can, let them know you mean business :grin:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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