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Helping a friend with HSBC.


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Hi all.

 

A friend has asked me to help his friend who is polish with her HSBC problem. Its a CC.

 

Dont know much but she got into difficulties with it and hsbc has not cared.

 

Basically thats all i know except the cca and telephone harrassement letter have been posted.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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Hi TGM ,:)

 

I think you probably know more than me about this , given the amount of posts and experience you've got on here ....... but to refresh your memory ;) :

 

The CCA should be satisfactorily replied to within 12 + 2 days . do you know when it was sent ....? If it's long overdue then your friend should follow up with :

 

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

I am disappointed that you have failed to respond to my request for a copy of my Credit 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.

Failure to respond positively will be reported to the Information |Commissioner's Office and the Office of Fair Trading.

Yours faithfully

(I've left out the FOS because they are a waste of space at the moment - running over a year behind and mostly favouring the banks .....)

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.

 

 

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Hi TGM ,:)

 

I think you probably know more than me about this , given the amount of posts and experience you've got on here ....... but to refresh your memory ;) :

 

The CCA should be satisfactorily replied to within 12 + 2 days . do you know when it was sent ....? If it's long overdue then your friend should follow up with : Today i think it went back with the person i am being asked by. He was picking the PO up near him.

 

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

I am disappointed that you have failed to respond to my request for a copy of my Credit 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.

Failure to respond positively will be reported to the Information |Commissioner's Office and the Office of Fair Trading.

 

Yours faithfully

 

(I've left out the FOS because they are a waste of space at the moment - running over a year behind and mostly favouring the banks .....)

 

Wow u have a different copy to me so that helps.

I am sorry for the lack of info but this is all i can tell u ATM due to other reasons.

 

I know were willing to help everyone but i just want to reasure you, as i know immigration does get some ppls backs up, That the family are hear for a good reason they do work. I know that None of u will be funny but i just thought i would explain.

 

Johnny thanks for ur help i have posted here as i know ppl with HSBC experiance will be the best to help me.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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You only have to ask TGM ......:D.

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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I know Johnny.

 

So this is the best place re HSBC then?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Just a seperate thought. This account is years old. She has been here for a few years, about 5 i think, the card was taken out when she came here now here english is not perfect but whoses is. The difference is she can speak it better than she can read it now.

 

A thought i have had is can she argue that as they failed to have a person present that can speak polish and the documentatioon in polish they have failed to communicate with here in a way that she can understand?

 

I know its a long shot but she takes all her letters to work with her so the person who has asked me to help can read them to her so she understands them.

 

I have also just found out that she has been deafulted.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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So this is the best place re HSBC then?

 

I would say 'Yes' TGM , we've got good experienced people on here like pete (Castlebest), Pinkduchess, Audreygreeneyes , and not forgetting freakyleaky (who's now a site team member ).

 

It's the best place for HSBC TGM, but I wonder if some of your friend's friend's questions (like use of interpreters) are not better channelled in the general (legal) issues forum... still . if pete happens along he may be able to help .... he's usually on about now..... :)

 

Is this a recent default TGM ? - I know they're devilishly difficult to remove once they're on there..... :(

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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Hiya TGM, if the card is over about 2 years old I wouldn't worry too much about language problems, the odds are the bank will have messed up the credit agreement anyway :-).

 

Wait to see what she gets from the CCA section 78 letter I seriously doubt if the account is actually enforceable if its 5 years old. No one questioned the banks integrity in those days so they did what they wanted lol.

 

I would be inclined to keep your reply clean and simple, a straight bugger off letter :cool: although it might be worth adding a paragraph in the letter regarding their lack of explanation to a "second language" English speaker :)

 

pete

Edited by Castlebest
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Thanks CB and JM.

 

I have not heard anything so no news is good news.

 

Could she use the Second language problem to here advantage.

 

Yes the Deafult is recent.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 3 weeks later...

Ok hear goes.

 

Tony had a distressing phone call this morn he then called me.

 

HSBC have replied to the telephone harrassement leter saying we dont care we are going to contnue to call u.

 

I am going to send him a email with a final warning before court procedings letter.

 

They have also replied to the cca with

 

your letter is not signed were doing nothing about it.

 

I think i can handle both of these but may need help with the letters wording later.

 

if i need anything i will let u all know.

 

TGM

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Johnny i need the letter u gave lisa re no need for signature. I cant find it nor can i find lisas thread. #

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Here is a letter that Johnny supplied for my case against hsbc re them wanting a signature.

Just edit to suit :)

"Reference your (latest letter ref )

As a courtesy to you , I have to advise you that any further prevarication on your part will be reported immediately to the Information Commissioner’s Office and the OFT. You have failed on (insert no . ) occasions to comply with my CCA request , once even to the point of ignoring my online secure message , which leaves no doubt that you are dealing with the correct person .

Any further refusal to comply with my request will not be tolerated . You have (insert no.) working days to produce the documents which I require , before this agreement is considered unenforceable .

Furthermore , I consider that this account is now firmly ‘In Dispute’ until this matter is resolved .

You should also be aware that I will pursue compliance through the Courts using CPR if necessary ."

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Hee hee - thanks lee , I've been hunting for that and couldn't find it ...:)

 

It could be suitably amended tgm , to read "the fact that you are harassing me constantly by telephone leaves no room for doubt that you know you are dealing with the appropriate person ".

 

As for the harassment - how about this from tomtom :

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1038615.html

:D again suitably amended.......

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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PS - I'm still looking for that 'Signature not Required letter ' but lately they've been ignoring them , I think :mad: - I'll get back to you later tgm ..... :)

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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I know JM.

 

The 12 days were up yesterday and today the letter was recieved. I need to sort this out as i have a distressed polish woman who is crying and talking to me in polish who wants to take the next call anyone who can speak polish would help.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I think this is what you're looking for tgm

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1592300.html

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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yep thats the one.

 

Must save that to the files.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

Hi GM, you asked me a question on another thread, having read this one, I am wondering if it might be worth making a complaint to Trading Standards direct. They are after all supposed to be looking out for our interests:lol:

 

You could say that your friend has limited English and is being harrassed by phone even though HSBC have been asked to conduct everything in writing in order for your ffriend to take proper advice which they cant do if they dont understand what is being said in a phone conversation. Copy the complaint to HSBC, see if that gets them to back off.:)

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yep shes been there ccording to TS they have broke no laws.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I have told her to but my polish is not very good, actually its non existant

 

 

I best explian summing

 

Due to the high levels of stress this is causing she is now hardly speaking english she is only speaking english at work now so its kinda hard to explain stuff to her.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Sprawiać przyjemność (proszę) pamiętają (przypominać sobie) utrzymywać kloc całego dzwonka od bank (bankowy) który zagrażają wam

 

Show here this and I hope it translates as is written.

Please remember to keep a log of all call from the bank that are threatening you

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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thanks. She still reads english but refuses o speak it usless at work as she need a job. She loves the fun its having with HSBC tho as they ask her questions and she tells them wjere to go in polish.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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That raises an interesting question :rolleyes: if you use a different language to write your letters and communicate but still use English law as the basis of your claims would that be enough to disqualify your claim?

 

By the way I sent a reply to Marlin in Dutch because they were being stupid :D they replied by asking to see a copy of my passport :p

 

pete

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well i dont know if it counts as all her letter are being wrote by me and going to a m8 who happens to be her boss so he give them to her after filling in the blanks.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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