Phil Vs HSBC Loan (See CCA attached)

[omoeko]

Hi All,

 

I have recently requested a copy of my unsecured loan CCA document, I was uite suprised how quick this was processed, I am a bit suspicious that the agreement might be enforceable, maybe thats why HSBC quickly answered m request as it was my branch which sent me a copy of it.

 

Can someone please help me have a glance through to check if the loan if enforceable.

 

Thanks

 

[tiglet]

It looks as if it is enforceable as it has all of the prescribed terms.

[bushtuckerkid]

I'd have to agree, except there is no signature? Have you edited it out?

 

BTK

[omoeko]

Hi All

 

I just got told by a mate that the attached agreement is enenforcble, can anyone else comment please ?

Edited May 23, 2009 by omoeko

[johnnymitch]

What does your mate think is wrong with it , omoeko ? It looks pretty standard to me and I think the arithmetic looks ok .......

[omoeko]

What does your mate think is wrong with it , omoeko ? It looks pretty standard to me and I think the arithmetic looks ok .......

 

 

Hi Mate

 

Just heard back from the other chap that had it checked, he's saying that there is a mistake on the amount payable, I have been told there is an inconsistency of less than £20 or so. I was informed this constitures a major breach. please advice

[johnnymitch]

It depends on when the loan was taken out , (I can't get your posted docs back in #1 ..... just a load of red crosses ......

 

If it was taken out before April 2007 , you have a possible case for unenforceability, after that , the rules were changed .........

[omoeko]

Hi All,

 

Thanks for the replies. HSBC have been proving a little difficult lately, they are trying to shove up a managed loan onto me, 2 out of 3 of my debts are enforceable. The 3rd one which is the credit card i ssupect is enenforceable, as they have not been able to provide me with a CCA.

 

Even now, they have not provided me with a CCA, and yet I'm geting letters saying that they will pass the case to a DCA and also send baliffs as well.

 

Is there anything i can do here?

[johnnymitch]

Hi Phil , you could send this one to force them to admit they haven't got a copy of your agreement , in which case the debt is unenforceable ......

Reference ....... (your letter of xx xxx xx)

I am disappointed that you have failed to respond to my request for a copy of my Loan agreement to which I am entitled under the Consumer Credit Act 1974 (Sections 77−79). A copy of this letter is attached for your convenience.

I have previously enclosed a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I am sure you also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

"PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) "

Failure to respond positively will be reported to the Financial Ombudsman Service and the Office of Fair Trading.

Yours faithfully

[johnnymitch]

And of course it goes without saying , but I'll say it anyway

 

Resist the Managed Loan with all your might - it's financial slavery !!!!!!

[omoeko]

Cheers Guys

 

I have sent them a letter similar to the one above, but it feels like its being ignored. I know the letters were received, as I got this as part of my SAR response.

[johnnymitch]

I think the last paragraph on the one I gave you should force them to admit if they've got it or not - it's the law ...... they have a duty to inform you .........

[omoeko]

yep, you correct. Thats the only difference. Will send out tomorrow.

 

With regards to the other debts, one is a loan and the other is a bank account, I'm paying low affordable payments, even though it has been agreed if i take it as part of a managed loan, but as I dont agree to the managed loan, I am just paying on a basis of take it ot leave it.

 

Thanks.

[omoeko]

Also, for Halifax.

 

I have made offers of lower affordable payments, it has not been officially accepted yet, but i was told once arrears reaches about 6 months, then they will probably accept the offer.

 

But they still keep phoning me all day, even though my number has since changed and I have given my number to my daughter, but they still keep calling here. Is there anything I can do ?. Feels like even though, number has been changed, they have all older historic numbers and they just keep calling those.

[johnnymitch]

That's the ideal way to tackle it IMHO , omoeko - and whatever you do , don't go down the Managed Loan route ..........

[johnnymitch]

If you have on-line banking , just go in and delete all your numbers - (or as pete castlebest mischievously suggested , substitute a 090 sex-line no . )

 

If you can't do it that way , send them a letter ,(recorded delivery ) something like :

 

Re: Harassment by telephone

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only. This protects us both in the event of a court case.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

Make sure you log their calls , after giving them a reasonable time to take your letter on board......

[omoeko]

Hi All

 

I recently posted a copy of my HSBC personal loan CCA for checking and it was deemed as enforceable, I do have other debts with HSBC and despite the fact that I have written to them so many times stating my financial difficulties and also sending them a income/expenditure statement.

 

They tried to force me to take a managed loan which I refused and insisted that I will keep paying how much I agreed to pay according to my I/E statement, they didnt state that they would accept the offer since I refused the managed loan, now they are saying that they will sanction and attachment of earnings order to my employer.

 

I keep sending them the amount that I can afford monthly, but they keep refusing the payment as they have closed the account, i am wondering is there anything else that i can do now ?

 

Thanks in advance

[mightypotters01]

They can't just get an Attachment of Earnings Order, it is only a court that can order this. The reallity here is if they took you to court (very unlikley if you are making payments) then the court would set what they thought was a resonable amount for you to pay.

 

Don't be bullied into taking a managed loan they are the worst kind of things to have, i have had two and would never be forced into having another one.

[omoeko]

Thanks for that, but that is what they have said, i.e would ask a court for a attachment of earnings order, also they keey refusing my payments as the account was closed and they have not provided me with other means of making payments to them.

[Pinky69]

Did they send you a Default Notice and a Termination Notice?

[debt4get]

Thanks for that, but that is what they have said, i.e would ask a court for a attachment of earnings order, also they keey refusing my payments as the account was closed and they have not provided me with other means of making payments to them.

in order to get an attachment of earnings, they would have to take you to court first and obtain a ccj... they cannot just get an aoe, as to them refusing payment a court is not going to look very favourably on them if you have been attempting to pay and they have not been allowing you too.

[omoeko]

Thanks everyone for the reply, as to what i should do next, please let me know i.e write a letter

[debt4get]

I would write and tell them that you are willing to pay, but pay only the amount YOU can afford not what they tell you to pay. ask them for a standing order mandate, and if they are not willing, make sure you keep all of their letters in the event of court action, as before no court is going to look favourably on them if you have attempted to pay

[omoeko]

The account is with the DCA, should I write to the DCA or should I write to HSBC hq who normally deal with loans.

 

Thanks.

[djwigster]

You are doing the right thing by refusing the managed loan, they are a nightmare.

 

Did they send you a Default Notice and a Termination Notice?

 

Any answer to this one?