monkey_uk -v- HSBC CCA for g/f

[monkey_uk]

Right, my g/f has had a Visa credit card with HSBC for circa 5 or 6 years and currently has several £1000's outstanding on it.

 

I'm going to send a CCA request as I have a doubt that they'll be able to produce a valid agreement (we can hope!).

 

I'm now going to look around for the correct details etc to include, but in the meantime, does anyone know the proper address for sending a CCA request?

[what_todo]

see here, http://www.consumeractiongroup.co.uk/forum/hsbc-bank/180009-about-sar-hsbc.html click the link and you get the SAR letter to HSBC, on post 7 is the address to send it to

 

hope this helps

[monkey_uk]

cheers what_todo.

 

Thre address on that post is:

 

HSBC Bank Plc

Service Quality Team

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

[johnnymitch]

Yes , that's the one Monkey uk - the other contact addresses are on the sticky just above your thread :

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/74985-hsbc-contact-information.html#post652656

[monkey_uk]

Trying to find the letter that I need to send but struggling. There ismn't a CCA request letter in the templates library.

 

I'm seeing conflicting advice saying I should and should not make a request under the CCA.

 

Any advice please? This is for a HSBC Visa Credit Card.

[johnnymitch]

I think this may be what you are looking for monkey uk :

 

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

 

Letter 'N' applies

[monkey_uk]

Thanks JM.

 

Next question is whether to keep making a payment each month towards the credit card debt, whilst awaiting HSBC's reply?

[johnnymitch]

They only have 12 +2 days to reply monkeyuk , so I'd keep paying until you can say it's definitely in dispute ...... that way if it goes to court you have shown willing .........

 

But come back and ask when you get the material you've asked for ...... if they don't comply , there's another (call-up) letter we can send ...

[monkey_uk]

CCA Req sent 27/02/09

[monkey_uk]

Reply received 07/03/09 - basically saying that they don't have to provide a copy.

 

Any advice as to what to do next greatly appreciated.

[monkey_uk]

Anyone?

[steven4064]

Hi monkey

 

THey are right - they do not have to provide an actual copy of the agreement. They can provide a 'true copy' which is something entirly different. The concept of a true copy goes back to the days when copies were made with quill pens on parchment. It has to give you the basic terms, but nothing else. in particular, it doesn't have to have a signature. Therefore, a true copy may or may not constitite an enforceable agreement.

 

If you want to challenge and agreement, s78 is pretty useless bacause you need to know whether they have an enforceable agreement or not. The way to find this out is to issue a request under CPR part 31.14 if you already have a court case or Part 31.16 if you haven't started one yet (see PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS). An SAR sometime comes up wit hthe goods too.

[pt2537]

To add to what steven has already advised, the so called true copy must be correct as well, i have just recieved two true copies of a clients credit agreement and both copies had different rates of interest to that which was being applied to the credit and since the rate of interest is a prescribed term if its wrong then the agreement is rednered unenforceable as Natwest have just found out as we issued proiceedings on them today

[monkey_uk]

Thanks fellas.

 

Can I persue to CPR route even if I'm not issuing proceedings?

 

I mean if the debt is not enforcable, surely I wouldn't sue them, I'd simply wait for them to sue me to recover the debt, right?

 

So can I still use the CPR route.

 

Also, FWIW, it's a blank application form that they've sent. Weirdos.

[pt2537]

Monkey, can you post a copy of the blank application they sent?

 

If it is itself non compliant then you have even more ammo, you'd be surprised how many are not 100% kosher when looked at

[42man]

Monkey not sure if you'd seen this thread... it might help - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[monkey_uk]

@PT - will scan in later.

 

@42man - I've seen it but not read it. It's a massive thread and I worry that I'll never have time to read it start to finish! I'll give it a go this evening all being well.

 

Thanks both for your help.

[citizenB]

Monkey is is anything like this one ?

 

 

[steven4064]

CB

 

What is that supposed to be? They do not honestly hope to get away with that as a consumer credit agreement. Do they?

[johnnymitch]

Monkey is is anything like this one ?

 

 

 

Is that it CB ? or are there about 10 pages missing ?.....

[citizenB]

CB

 

What is that supposed to be? They do not honestly hope to get away with that as a consumer credit agreement. Do they?

 

Is that it CB ? or are there about 10 pages missing ?.....

 

Steven, according to HSBC, that is IT the agreement I signed with them many moons ago. And yes, they do hope to get away with it. Today, I received a letter from them saying they are passing the account over to Metropolitan Colelction Services, having defaulted the account directly after the FOS said that it was ok for them to collect without an agreement . Even though it is so long ago, 1994. I can confirm that I have never signed anything in respect of a credit card. It just arrived one day with the new Cashpoint card.

 

JM.. if there is anything missing, they certainly are refusing to provide me with it. I have CCAd, SAR'd, 31: somethinged and they have also confirmed to the FOS that they HAVE NOT GOT a copy other that that.

 

Oh, I fib, there was a pack of poorly photocopied t&cs from 2007. No historic t&cs and as you can see there is nothing in the way of prescribed terms on that bit of paper above.

Edited March 10, 2009 by citizenB

[johnnymitch]

Maybe this will help (courtesy of Andyorchy) CB .......

 

Courtesy of Andyorchy – default check list (IMPORTANT)

http://www.consumeractiongroup.co.uk/forum/show-post/post-1604130.html

 

It may be too late , but if not you may get them on the default ...

Edited March 10, 2009 by johnnymitch
removing font markings ........

[citizenB]

Maybe this will help (courtesy of Andyorchy) CB .......

 

Courtesy of Andyorchy – default check list (IMPORTANT)

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1604130.html

 

It may be too late , but if not you may get them on the default ...

 

Thanks for that link jm. They definitely didnt allow the correct amount of time and it took 6 days to get to me anyway. Also the amount requested has loads of charges included

[johnnymitch]

sorry if we're using your thread monkeyuk , - I hope there's useful info for you in this too .........

[monkey_uk]

Aside from the covering letter, posted above, these was this:

 

https://www.yousendit.com/download/U0d5RGw5dENHa00wTVE9PQ

https://www.yousendit.com/download/U0d5RGw5dENtNEkwTVE9PQ

 

And also "Credit crd agreement terms", "Important changes to your Credit Card Agreement" and a copy of her last 3 months' (or so) statements.