re: unenforceable credit agreements

[cdflad]

Dear All,

 

I need some help with regards to starting the process of finding out how to challenge my creditors on their agreements.

I am a complete novice at this sort of thing but I am in a pretty desperate situation finacially.

I have nine creditors

 

3 accounts with hsbc (loan/credit card/overdraft)

1 account with cahoot (loan)

1 credit card with capital 1

1 credit card with barclaycard

2 store cards with ge money

1 credit card with coop

 

i am currently on a debt management plan with the cccs as my partner left me and i am now struggling to cope financially

 

hsbc does not accept the payments and wants me to take out a managed loan

 

I am frantic with worry and really need some help

 

Looking forward to hearing from you all and hope that you can help me

[enamae]

Sorry your post was missed.

 

Do not let HSBC coerce you into taking out a managed loan.

 

You have a couple of options.

 

1) Send full Subject Access Requests to all of your creditors.As you have several and each request costs £10 your first ones should be to either Lloyds(all 3 accounts will be covered by 1 SAR) or HSBC.

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-.html

 

They then have 40 days to provide you with all the data they hold on you.You will be then be able to calculate all charges that they have added to your accounts and begin the process of reclaiming them.

 

2)Send CCA requests for Loans Store Cards and Credit Cards (overdraft is not covered by the CCA). This cost £1 per Credit Agreement.This gives them 12 + 2 days to provide you with a copy of your Credit Agreement. It is unlikely that they will all be able to produce the necessary agreements.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter.html

 

If you decide on either of the above options, do not sign the requests in your normal handwriting. Either print or type your name.

 

enamae.

[cdflad]

Hey there enamae,

Thank you so much for the response.

I have sent cca requests to all my creditors (sent on Thursday 20th April)

I did not know about the SAR.

What is my next step.

I have written to HSBC and told them that I will not be taking out a nmanaged loan with them.

I am so worried about all this and was really pleased to see a respons from you

Thank you once again

[cdflad]

Hi all,

firstly hsbc credit card division sent me a letter saying tht they would not provide a cca unless i signed the letter

i have responded to them with a letter satating that they still need to provide the cca within the due time i did not sign the second letter

should i have done so

 

i also sent cca request for my loan. hsbc have replied firstly stating that the matter was in hand.

today i received a final demand for the loan

i am now at a loss as what to do

please help

i am not sure if i am inputting information correctly onto this site

please help someone

cheers

[cdflad]

Dear All,

I did start a thread on here a week ago about my dreadful finacial situation its under unenforceable credit agreements.

 

I have sent CCa requests to all my creditors (there are 9) 30/4/09

Hsbc are three of them

An unsecured loan taken out in 2005

a gold credit card taken out in 2003

and an overdraft, operative from 2003

 

I ahve not heard from any of the other creditors at this stage

 

HSBC credit card division (Ms Packwood) had replied to me stating they need a signature. I replied with the letter that I got from here stating that the signature was not needed. I sent that letter on tuesday.

The loan department and the overdraft section replied stating they were looking into my request and would be in touch shortly.

Today I received a letter from Ms Packwood in connection with my loan demanding full payment within 18 days. Also included was a financial statement request with regard to all my assests (of which there are none)

 

As I stated in my original post i am on a dmp with CCCS

HSBC have made over 200 calls to me up until last month offering me a managed loan twice which i have refusd on both occasions

they are not accepting the payment proposal form cccs and have defaulted me an all my accounts as I am pretty sure have all my other creditors.

 

What is my next step or steps to help me deal with my debt HSBC have charged me consistently for O/D, failure to make minium payments on loan and credit card.

 

I know that this message must seem very muddled but that might be because i am very muddled at the moment

 

Please help

regards to all and thanks for reading

any advice would be welcome

[silverfox1961]

Dear All,

I did start a thread on here a week ago about my dreadful finacial situation its under unenforceable credit agreements.

 

I have sent CCa requests to all my creditors (there are 9) 30/4/09

Hsbc are three of them

An unsecured loan taken out in 2005

a gold credit card taken out in 2003

and an overdraft, operative from 2003

 

You can't CCA for an overdraft

I ahve not heard from any of the other creditors at this stage

 

HSBC credit card division (Ms Packwood) had replied to me stating they need a signature. I replied with the letter that I got from here stating that the signature was not needed. I sent that letter on tuesday.

The loan department and the overdraft section replied stating they were looking into my request and would be in touch shortly.

Today I received a letter from Ms Packwood in connection with my loan demanding full payment within 18 days. Also included was a financial statement request with regard to all my assests (of which there are none)

 

As I stated in my original post i am on a dmp with CCCS

HSBC have made over 200 calls to me up until last month offering me a managed loan twice which i have refusd on both occasions

they are not accepting the payment proposal form cccs and have defaulted me an all my accounts as I am pretty sure have all my other creditors.

 

What is my next step or steps to help me deal with my debt HSBC have charged me consistently for O/D, failure to make minium payments on loan and credit card.

 

I know that this message must seem very muddled but that might be because i am very muddled at the moment

 

Please help

regards to all and thanks for reading

any advice would be welcome

 

I think a SAR is the way to go with HSBC. You could do with getting everything they hold on you with all your accounts. If you decide to do this, put all your account numbers on one application and it will only cost £10 for the whole SAR and not £10 for each account.

 

If they won't give you anything without your signature, sign but either make it positively identifiable to you but not much different to your normal signature( don't forget to photocopy you amended signature) OR sign but put a couple of lines through it so it can still be seen but not easy to "lift"

 

If the other creditors haven't responded and the 12+2 days are up, you need to be sending the Account in Dispute letter.

 

I'm hoping you sent all your requests by recorded delivery and tracked their progress.

 

 

hope that helps

 

fox

[cdflad]

Thank you for replying so quickly Silverfox. i really appreciate it.

 

I will send SAR.

Didnt know that a CCA isnt relevant to an O/D.... do now!

 

All my CCA requests were sent RD and tracked.

What should i do about the immediate payment demand and the form they want me to fill in.

 

Thanks again

lad

[lee32uk]

If you do sign your letter then you could use this as a background for your signature

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/183679-signature-security-sar-how.html#post1977855

 

Let them try and get past that

[cdflad]

Hey thanks Lee, thats fantastic.

What should I write in the SAR letter or where would I find one to use.

Regards

Lad

[cdflad]

BTW Guys,

I would like to share my current situation regarding all my finances for help and advice where wouuld I do this

Cheers

[silverfox1961]

Personally I would wait till you get the SAR back but it's a personal choice really as you want them to accept that your in financial poo at the moment.

Just remember, they can't have what you ain't got. If you want to, enclose token payments of £1 to show willing

 

Once you get back the SAR, you could put in a claim for the charges back which would help a bit.

 

The biggest thing is, are you still banking with them?

 

If so, open a new bank account somewhere else PDQ. If you're still banking with them, any money you get paid into the account could be used to offset your debts.

Get yourself a basic bank account elsewhere

[maroondevo52]

Hi, cdflad.

 

I've merged both your threads, always better to stick to one.

 

Regards.

 

Scott.

[silverfox1961]

Letter 2 here

 

The Consumer Forums - Bank charges templates (consumer)

 

Amend to suit

Send a £10 POSTAL ORDER

send recorded

wait 40 days

complain because they haven't delivered on time

[cdflad]

Guys I am really appreciative for all your help. I have been so worried for such a long time and it is so good to know that there are people out there who wish to help. Like I said I do not want to shirk my responsibilities I got into debt I must get out of it, but I am not going to let HSBC take advantage of me.

 

Should I reply to the immediate payment letter that I have had from HSBC

Cheers

Lad

[cdflad]

Thanks Silverfox.

I have opened another account for day to day banking.

cheers

will SAR on Monday

[cdflad]

Well Hello there Guys,

 

Here is an update

 

As to date only one of my creditors have replied to my CCA request and that was Cahoot. I would like to upload the scan of this agreement so that some kind person might be able to tell me whether the agreement is enforceable. Please would someone tell me how to do this.

 

HSBC on the other habd have sent me numerous letters requesting full payment of all my debt. They have not acknowledged my requests for them to accept my payments as per CCCS debt management plan. They have sent back the £1 postal orders and that is as far as we have got at this stage. Last week I SAR'd the bank on all my acounts.

 

Do I now go down the SAR rquest with all my other creditors?

 

HSBC started to call me again but have since stopped.

 

I reckon they owe me about £2000 in charges.

 

What is the best course of action that I should take now.

 

Regards

 

CDFLAD

[silverfox1961]

Hi,

This is a how to guide for photobucket that I stole from a fuzzy friend

 

It seems tricky at first, but is fairly simple really.

 

1, Scan your DCA letter/whatever you want to show on the forum.

Ideal setting is 100dpi as it's closest to computer monitor display resolution.

 

2, Save the scanned image as a jpeg

Step 2.5 Edit out any personal information, barcodes or any other comments, notes or markings around the edge of the document. Never change the original document you received

2.5, Load the saved image into MS Paint. (comes free with Windows.) Use the pain brush or spray can to remove/paint over any personal info, such as name, account number, address, etc. Also remove any barcodes, as some DCAs may be able to identify you from these.

 

3, Create an account on Photobucket.

 

4, Once you have a Photobucket account, you'll find on the main webpage little box where you can upload photos. Click the "upload image" box and then tell it where on your hard disk you saved your scanned jpeg. It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

 

5, Copy the IMG link below the image you want to put on the forum. Then reply to thread on CAG. Right click with the mouse and select "paste" from the little menu that pops up.

 

6, You'll then get some text appear in your message that looks a bit like this.

 

 

When you submit the reply, the text will change into the image you uploaded onto photobucket. The text you copied and pasted is just the information the forum needs, so it knows where to find your photo and display it in your message.

 

 

Courtesy of Fuzzybobble

 

 

As for the SAR, It really is up to you. Work out if it's worth the cost.

If the CCA requests are out of time, I would put the accounts into dispute.

 

HSBC. You will have to wait for them to get back to you. Once you have the statements, you will be able to send the prelim letter for reclaiming your charges. Don't let them get too far past the 40 days. badger them.

 

fox

[cdflad]

Hello Guys

Sorry I have not been on here for a long while

I had an accident and was hospitalised for 2 months. Better now

Anyway, my finance worries have gone from bad to worse.

I have not received an SAR from HSBC and they have passed the debt to MCS who are threatening me with all sorts including court action via DG Solicitors and Attch Earnings order. I am still paying them my DMP payment every month but they are having none of it. All my other creditors have accepted the payments and I am clearing my debts. What do I do about HSBC/MCS Any help would be appreciated

cheers

[zooman]

Metro and DG solicitors are just HSBC using another letterhead Metropolitan are even listed at companies house with having zero employees . DG do employ a few qualified solicitors... but lets just say... if you were a qualified solicitor would you work there? lol.

 

If you have had no response to your SAR then the account is in dispute until they comply with your legally binding request and they can do nothing to you .

[johnnymitch]

Hi dflad , hope you're recovering well now .

 

If you sent them a SAR with the £10 fee and they have failed to produce the goods within 40days then they are in default ...

 

send them the appropriate letter from the following link :

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-

 

Don't take any nonsense from them - make it clear what you want - everything they have on you , in any account -

[cdflad]

Hi there jonny. Thanks for advice. They have sent me nothing for sar and passed my debt onot metropolitan because i would not take out a managed loan. Are they no in default. Do i cease to pay them ? what should i do next.

[johnnymitch]

Hi cdflad , I'm repling onyour own thread to the one you posted on the sticky.... as it's easier to keep advice directed at you this way

 

Metropolitan Colllection Services are not a real DCA ... only the 'in-house' collection department for HSBC ......they are not listed in Companies House , they use HSBC's premises and database... everything in fact except their headed paper .....

 

DG Solicitors are the same ... they only work 'In house ' for HSBC .....

 

You don't say in your query why you're asking, cdflad . but come back if you need any further info /advice

[ju5t]

I just like to add if the banks or creditors are calling you.

 

You can simply ask them never to call again and only to communicate via post, tell them as part of the Protection from Harassment Act 1997 you will consider it harrasment and you have recorded the telphone call .

 

hey presto no more unwanted calls all day long.

 

 

[johnnymitch]

I just like to add if the banks or creditors are calling you.

 

You can simply ask them never to call again and only to communicate via post, tell them as part of the Protection from Harassment Act 1997 you will consider it harrasment and you have recorded the telphone call .

 

hey presto no more unwanted calls all day long.

 

 

 

Sometimes it works .... sometimes it doesn't ju5t .... without a firm letter laying it on the line .... but we have some of these too........