HSBC CCA Non Compliance

[skippync]

Have read this post with interest. Am currrently in an IVA and checking my CCA's. HSBC without me knowing or sending me a default notice, passed my debt which they stated was 27k to MCS. They also stated this amount on my IVA. They have now for the past month failed on the CCA request and not only that my debt has shrunk to 21k. I def did not pay them the 6k. Is the next step to dispute and play silly buggers with a SAR request. I took the loan out in 2005. My IP has stated that my IVA can be ammended if debtors have no monies owing by me. This was the last letter I sent any thoughts?????

 

19/10/2009

Dear Metropolitan Collection Service

 

Re: my request under the Consumer Credit Act 1974

Account

Your Ref:

 

Thank you for your letter date the 15/10/09 sent to me, the contents of which are noted. I appreciate your response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The act does not require me to send you a copy of my signature and I will again point out, that to date you have happily sent a letter containing sensitive private information to my address, this being the bank account details and the balance on the account. I have to ask, if you are concerned that you are not corresponding with the correct person, who is it that you are corresponding with. I have signed this letter and ask that I now receive an original copy of the credit agreement.

 

My initial request still remains outstanding. I must state for the third and FINAL time, that I am asking for a copy of a Credit Agreement in which I paid £1.00 and you had 12 + 2 days to supply. This request is now more than two weeks outstanding.

I still require you to send me a true copy of the original credit agreement.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this debt is not enforceable in law.

Should you not have any signed credit agreement in relation to this account, please confirm this in writing to me. I would also like in writing the account numbers and FULL OUTSTANDING BALANCES.

I now request that this matter is resolved in writing within 7 days of receipt of this letter.

Yours Sincerely

I did not sign this but printed my name.

[vint1954]

Have read this post with interest. Am currrently in an IVA and checking my CCA's. HSBC without me knowing or sending me a default notice, passed my debt which they stated was 27k to MCS. They also stated this amount on my IVA. They have now for the past month failed on the CCA request and not only that my debt has shrunk to 21k. I def did not pay them the 6k. Is the next step to dispute and play silly buggers with a SAR request. I took the loan out in 2005. My IP has stated that my IVA can be ammended if debtors have no monies owing by me. This was the last letter I sent any thoughts?????

 

19/10/2009

 

 

Dear Metropolitan Collection Service

 

Re: my request under the Consumer Credit Act 1974

Account

Your Ref:

 

Thank you for your letter date the 15/10/09 sent to me, the contents of which are noted. I appreciate your response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The act does not require me to send you a copy of my signature and I will again point out, that to date you have happily sent a letter containing sensitive private information to my address, this being the bank account details and the balance on the account. I have to ask, if you are concerned that you are not corresponding with the correct person, who is it that you are corresponding with. I have signed this letter and ask that I now receive an original copy of the credit agreement.

 

My initial request still remains outstanding. I must state for the third and FINAL time, that I am asking for a copy of a Credit Agreement in which I paid £1.00 and you had 12 + 2 days to supply. This request is now more than two weeks outstanding.

 

I still require you to send me a true copy of the original credit agreement.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this debt is not enforceable in law.

 

Should you not have any signed credit agreement in relation to this account, please confirm this in writing to me. I would also like in writing the account numbers and FULL OUTSTANDING BALANCES.

 

I now request that this matter is resolved in writing within 7 days of receipt of this letter.

 

Yours Sincerely

 

I did not sign this but printed my name.

Hi Skippync,

 

You will get some better advice if you start your own thread for this. I can only see welcome finance threads under your name.

 

Was the loan over £25k when you took it out. If so, they don't usually come under CCA 1974.

 

Vint

[vint1954]

Received another demand today from Metropolitan I admire their persistance

 

So ignore or respond ?

 

 

Stop Press:

News just in regarding staff at Metropolitan putting latest training into practice.

 

[Midas029]

subbing

[citizenB]

Do you also notice the letter from MCS advises that you can stop the "intended" further action by "paying within 24 hours "!!.. from when:confused:

[zishi]

Hi lee,

 

I subscribed to your thread about 4 months back and have been following it. While this going on, whats the status of your credit report? Does it show that you have defaulted on this account?. Can anyone tell me what is the likely end of this specially when HSBC or Metropolitan cannot go to court because they dont have an agreement. Also if it is on credit report, how lee will get it removed from his credit report?

 

Apologies if you find it off-topic.

 

Many Thanks.

Zishi.

[vint1954]

Hi lee,

 

I subscribed to your thread about 4 months back and have been following it. While this going on, whats the status of your credit report? Does it show that you have defaulted on this account?. Can anyone tell me what is the likely end of this specially when HSBC or Metropolitan cannot go to court because they dont have an agreement. Also if it is on credit report, how lee will get it removed from his credit report?

 

Apologies if you find it off-topic.

 

Many Thanks.

Zishi.

Well, theoretically if they do not have your signed permission to report data to third parties, they shouldn't, but they will.

 

You can try the link below, but it will be a long slog and you may not win.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222663-cras-ocs-credit-ref.html

[conqueror80]

sorry to interrupt, but I am entanled with HFC. Please does any one know how many times a Default 'D' can be placed on an account? Since January 2009 HFC have continuosly recorded the 'D' on my file every month. IS THAT NORMAL? PLease hepl

[vint1954]

The default can only be recorded once. It can be updated, but not repeated.

[conqueror80]

so marking a 'D' under every single month is updating and not further reporting right? Just want to be absolutely clear.

[citizenB]

Big Dave's posts have been moved to a thread of his own.. you will find that in the following link

 

BIGDAVE'S THREAD

[conqueror80]

Hello everyone, sorry to intrude.

 

Any body with knowledge and or experience of TRIBUNAL ACTION UK? A friend recently purchased their services and was so appalled that he asked for a refund. After ignoring him for a while they demenade documentary proof that he'd found a better alternative! Any ideas???

[Castlebest]

Tell them he joined CAG and now has intimate knowledge of the bank charges recovery situation .

 

As for his refund, if they have done nothing which I would suspect in the current climate they have no basis to keep his money also ask they why they want to know of a better alternative? do they want to join CAG too?

 

pete

[zishi]

Hi lee and others

 

No update on this thread for a long time. Just wondering if there is any other thread that you have started?