monkey_uk -v- HSBC CCA for g/f

[questioning]

Thats the trouble when you start to take this route,

At the end of the day knowledge is power.

The only way to get this power is reading, reading, reading. then trying to fathom out what you've read.

I've spent hours and hours here at CAG and often I should have been doing something else. Its a self help site and the info you can gain is amazing, really its all here.

I've not even found the time to enter the Beer Garden yet.

[questioning]

I haven't got a life cos I've got too much blooming reading to do,

PS, Are you following me,

[questioning]

If you send a SAR it costs you £10. they have 42 days to respond and they should send you everything, unfortunately they will often send you just statements, other bits and pieces BUT not the all important agreement

The way to get sight of the CCA is the way you have started, CPR 31.16.

 

As you have already sent the CPR 31.16 letter if after 21 days they have not sent the agreement you send the reminder letter, found in the CPR31.16 thread here....

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.htm

 

the reply you received from the OS said they could not locate it at the moment and it seems like they have replied as if it was a CCA request, which it wasn't.

The second letter (from the Pt's thread linked above) is your next step, you could amend it slightly to say your letter was not a sec.78 CCA request but a CPR 31.16 request.

what they mean by ""However, if required to do so to enforce the agreement we are willing to provide other evicdence that there is a credit agreement and that both parties have serviced that agreement." ??? is that they would show statements to show an account existed, this reply is talking about enforcing the agreement which they need to have, along with proof the account was serviced, it has nothing to do with your CPR letter. The 31.16 letter is for disclosure so that you can get the original document to see if it was compliant with the legislation,

Their letter was just trying to fob you off, they probably don't have the agreement so you need to follow the advise in Pt's thread above, the proceedure is set out at the beginning of the thread and SMT's thread gives a brilliant account of his experience so far in his CPR31.16 request and what happened after he sent the N244 application to the court for disclosure ........His thread is here....http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html

Edited May 1, 2009 by questioning

[questioning]

Hi Johnny,

Monkey UK has started the CPR 31.16 procedure with the first letter already sent,

 

Hi badboybill,

I wish I had known what you knew 10 years ago, even 5 years ago.

Your experience will be most helpful and welcome at CAG.

cheers Q.x.

Edited April 29, 2009 by questioning

[questioning]

Thanks Q,x I should have noticed that ......... . Senior Moment

and thanks also for the smt link - I'll read that at my leisure .....

 

Hey Johhny, I know the feeling, I've just given a "poor eyesight" posting on R and b's thread. My eyesight is getting real bad with middle age.

All thats left to say is, we must laugh at these moments, thats what I do anyway.