HSBC Credit card debt

[johnnymitch]

Hi Dooglemire , welcome to the forum.....

 

That was a really comprehensive list you got from jo, so you can see from that how they have failed miserably to comply with your Subject Access Request and should be told so ...

 

Just one point .... was it a formal Subject Access Request you sent , with a £10 fee ?

 

If so you can try a letter from this link , (suitably amended) and be sure to tell them that the clock is ticking from the first letter you sent ........ :

 

NON- COMPLIANCE WITH Subject Access Request

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html#post38561

 

 

If it wasn't a formal Subject Access Request now is the time to send them one ....

 

Subject Access Request

 

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

 

They must comply with this request within 40days ......or be reported to the Financial Ombudsman for offences under the Data Protection Act....

 

Remember to send all your correspondence to them 'Recorded Delivery ' so you can confirm that they received it .......

 

If you need further advice, don't hesitate to come back and ask - we're user-friendly on here

Edited January 20, 2009 by johnnymitch
tidying up font marks...../ extra info

[johnnymitch]

duplicated

Edited January 21, 2009 by johnnymitch
duplicated

[johnnymitch]

You're most welcome dooglemire happy to help !

 

FTA....... to answer your question :

 

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

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

Send anyone who has not fully complied with your Subject Access Request an LBA stating that if they don't comply you will be taking them to court under the data protection act

[johnnymitch]

You're welcome FTA ........ go get 'em !

[johnnymitch]

Hi dooglemire

 

All there is on this form is a box for my name and address a sentance saying that I have read and agree to the conditions attached.

A section on the right to cancel.

Another section for me to sign with the following text,

 

This is a credit agreement regulated by the consumer credit act 1974. sign only if you want to be legally bound by its terms

signature of cutomer

date

 

then a box for the bank to sign.

 

My question now is does this sound like a enforceable credit agreement?

 

 

 

If your name and address are not on it ,then it's purely a copy of what you may have signed ..... so in it's present form it's not enforceable..

 

You could send them a LBA something like this and see what they come up with :

 

Credit Card Formal Complaint Letter Before Action

 

Dear Sir/Madam

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of this is enclosed for your perusal and ease of reference.

 

You have failed to fully comply with my request, and as such the account entered default on **DATE

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies

*may not demand any payment on the account, nor am I obliged to offer any payment to you

* may not add further interest or any charges to the account

* may not pass the account to a third party

* may not register any information in respect of the account with any credit reference agency

*may not issue a default notice related to the account

 

Therefore at present this account is in dispute and has potentially become unenforceable at law

 

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

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines

I reserve the right to report your actions to any such regulatory authorities as I see fit

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaintI hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leafletsI would appreciate your due diligence in this matter

 

I await your rapid response.

 

Tailor it to suit your particular requirements , dooglemire and come back if you require more info . You could also(if you're feeling bloody-minded LOL!) ask them why no such agreement was included with the Subject Access Request stuff - considering it's supposed to include 'anything with your name on it' !

Edited February 5, 2009 by johnnymitch
deleting font marks ..........

[johnnymitch]

If they're not yet in default , thank them for what they have already sent and point out that it's not enough. Tell them what's missing and tell them by what date (i.e the date the default starts) you require the material .

 

I would give them that chance , before bringing up the big guns letter I gave you - to show that you're being 'reasonable' even if they're not !

 

I may be wrong , but I think your PPI is a completely separate issue, or it is when they want it to be .... so reclaiming it it shouldn't be affected. But you can ask on the PPI forum if you're in doubt - they're very good on there .........

[johnnymitch]

If they're overdue on the Subject Access Request , then yes send an LBA - there you go -

 

NON- COMPLIANCE WITH Subject Access Request

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html#post38561

[johnnymitch]

Hi scouserlad , welcome to the forum

 

To answer your first question , there is no signed agreement for overdrafts on current accounts , only for Loan or Credit Card agreements.

 

For your second question have a look at the link here, Letter N is the one you want I think for your shopdirect catalogue account CCA request .

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162353

 

If you have further queries could you open your own thread please , it saves confusion with the answers on someone else's thread - thanks john:)