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HSBC eventually produced CCA


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Hi All

 

I have been requesting a CCA from HSBC since October 08. As you will be aware they have been in default since November 08.

 

Today HSBC have produced a valid credit agreement and asked that i make regular payments. I have missed one payment due to me refusing to pay until they produced a valid agreement.

 

Can i send them a letter to ask them why have they charged interest since it has been in default, why have they recorded one late payment and why have they charged me a late payment fee.

 

i will continue to pay now they have produced a valid agreeement but want it done properly as they have failed to adhere to my requests.

 

Please help

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There is no template letter that I know of, but why not ask them why they continued to add interest/charges whilst the account was in dispute? If you don't get a satisfactory answer a complaint to the OFT would be called for.

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Can someone advise how this letter reads, PLEASE!!!!

Dear sir or madam

 

Request for true copy of signed Credit Agreement under Sections 77-79 of the Consumer Credit Act 1974

 

I have been contacting HSBC since October 2008 requesting a true copy of a signed credit agreement.

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, then the account is in default until a credit agreement is produced in line with the consumer credit act 1974.

HSBC has failed to produce the credit agreement in the legal time frame, and HSBC were not permitted to take any action against an account whilst it remained in dispute. The lack of the credit agreement was a very clear dispute and therefore the following applied:

  • You were not able to demand any payment on this account, nor was I obliged to offer any payment to you.
  • You could not add any further interest or charges to this account.
  • You could not pass this account to any third party.
  • You could not register any information in respect of this account with any of the credit reference agencies.
  • You could not issue a default notice related to this account.

I received my valid credit agreement on the 23rd March 2009, 5 months later after my original request.

As the account has been in dispute for 5 months, I regular made the minimum payment until February 09. As HSBC had blatantly ignored my request and as the account was in dispute I did not have to pay any further payments until HSBC has adhered to my legal request of a signed copy of my credit agreement.

I now require the account to be placed in order by HSBC, in line with the default notice I placed on the account.

- All interest from the default to be re-paid to the account.

- Any charges related to the account to be paid back to the account

- All information provided to credit reference agencies to show as payment received.

Please note I require the account to resume to normal including the above amendments within 14 days or I shall be reporting HSBC to the relevant authorities.

Once I have received conformation of the above, I will not hesitate to bring the account up to date with payment.

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That's fine. ;)

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Ok, I am about to send the above letter recorded delivery, Can someone please tell me if the account is still legally in dispute/default until HSBC bring the account up to date with the information/interest they should not of placed on the account.

 

thanks

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All interest and charges should have stopped being added during the period of the dispute (which was until you received an enforceable CCA).

 

Have you had the CCA checked out to see whether it is indeed enforceable?

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yes had it checked out and it is enforceable, so why it took 5 months to produce i have not got a clue.

 

Interest and charges were not stopped so I am well in my rights then to ask for all interest to be paid back before I make any more payments.

 

Even if they take me to court. Will pay but they have to follow procedure as well, so will make sure they do!!!

 

I am confirming that i will not make any payment nor can they place any interest on the account until they put the account in order from the default.

 

so it is legally in default until they do this!!

 

can someone please advise!

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I'm sorry to say it's enforceable.

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I thought it was.

 

So I am at present claiming interest back form the Default notice in October.

Am i right in that the account is still in dispute until the interest is paid back and the credit reference agency shows as paid.

Then i will bring account up to date with payment.

 

MAny thanks for your help Cerbusalert

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You can still dispute it because of the interest yes. Any that is refunded will be offset against the account.

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  • 2 weeks later...

I received a letter today of HSBC who claim they have always followed my request for a copy of my signed credit agreement from October, as i had not signed any of my letters requesting a copy of my credit agreement they are not in dispute.

I did sign a letter in February but ensured it was signed over lettering, then they produced my credit agreement.

Are they still in default if they did not produce a credit agreement within 12 days even though i did not sign my letter.

Please help willing to pay but do not want to be taken advantage of. Especially now as they have put my APR up to 21.9% from 15.9%.

HELP!!

They have asked me to ring them to discuss, what should I do!

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There is nothing within the CCA 1974 which stipulates that you need to provide a signature when requesting a copy of your agreement. You could ask HSBC which piece of leglislation they are relying on to enforce that you provide such information & if it was for data protection reasons why have they been happy to send sensitive information to you in the past without such checks.

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Make a complaint to your local Trading Standards & the OFT. Tell them that HSBC have added charges whilst the account was in dispute contrary to the CCA 1974 & that they deliberately delayed providing a copy of your agreement despite your lawful request.

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Johno, only you can make the decision to withold payment if your legal request is not met.

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Consumer Direct for your trading standards

 

Well you are still in dispute because of the illegal charges they've added.

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Dear Morons

 

Thank you for your letters dated ......, the contents of which have been noted.

 

You denied my reasonable request to supply me a true copy of the original Consumer Credit Agreement for the above account which I requested in my letter dated ....... I supplied the statutory £1.00 fee as a Postal Order which is regarded as a universally accepted form of payment.

 

I would like to ask if you could clarify which piece(s) of legislation, or law(s) in the UK where it is written that a CCA request is only acceptable when accompanied with a signature.

 

You have just ...... to comply, as of the date of this letter. You are further advised should you not accept this, that I should make a formal complaint to the Information Commissioner.

 

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

 

He is not entitled, while the default continues, to enforce the agreement.

 

This letter has been sent by recorded delivery, in order to avoid any further delay in this matter.

 

Yours,

print name do not sign

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I had the same thing with M&S.

I sent them a second sar with signature but it was signed with X's through it and left handed.

I will know if it gets copied on to anything other than that sar.:)

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