Me against them v's HSBC Flexi Loan

[Braveheart12]

So far I have requested my CCA from HSBC for my Flexi Loan, this has not been recieved so I have sent them an Account Dispute letter.

 

HSBC have acknowledged my initial request and informed me that they are looking into my request.

 

However, I have recently recieved a Default Notice which served me less than 10 day to comply. Please see below.

 

 

 

 

Can any advise me on how to play this, I have been told that they must give a minimum of 14 days!

[42man]

You are correct......have they terminated the account ? if not i'd raise this once terminated..... - did you see this thread too ? - http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

[cerberusalert]

They have to give you a clear 14 days from receipt of the notice to remedy the arrears. Once they close the account all they will be able to claim would be the arrears. Obviously you don't want to alert them to the defective default, so your best bet would be to sit back & wait for them to close the account.

 

Keep that notice along with the envelope for future use.

[Braveheart12]

They have not terminated the account yet, I'll keep quiet until they do. The letter itself is also dated the 29th April, so they have shot themselves in the foot, without me keeping the envelope, as they have only allowed 10 days if I recieved it the same day!

 

thanks.

[Braveheart12]

Just recieved a demand for the immediate payment for thull balance of my flexiloan, bank account overdraft and all arrears including lots of penalty charges.

 

The letter also states "As a defaulting debtor, details of your defualt including your name and address will be given to the Credit Reference Agencies named below if we have not recieved a satisfactory response from you within 18 days."

 

I thought they'd already done this as stated in the previous default notice.

[Braveheart12]

 

 

Just recieved this back from my SAR.....I was going to send the following response....

 

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my Subject Access Request, may I bring the following to your attention;

 

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no legislation nor guidelines that you can hide behind in an attempt to avoid fulfilling my legal request,

 

Yours faithfully,

[cerberusalert]

Yes send them that & if they still fail to comply make a complaint to the Information Commissioners Office who have the authority to take enforcement & fine them £5000. https://www.ico.gov.uk/Global/contact_us.aspx

[Braveheart12]

Thanks Cerberusalert.

[Braveheart12]

Update:

 

Still waiting for SAR.

 

HSBC have now grouped together my loan balance with my bank overdraft an passed to Metropolitan as bellow.

 

[cerberusalert]

Are they demanding the full amount?

[Braveheart12]

Yes, the full amount for both overdraft and flexiloan. Are they allowed to do that? I have various issues to dispute with each seperate acount

[Braveheart12]

Received another letter from Metropolitan which is referenced with the account number for my bank overdraft. However the balance is that of both my overrdraft and the flexi-loan! Surely these should be treat as two seperate accounts.

 

Still know sign of my SAR which was posted on the 4th June, over the specified 40 day period. Is there need to send a follow up letter highlighting there non-compliance?

[Readalot]

I bet, they are trying to pull two accounts together, so that they can argue that it is all indeed an overdraft and therefore not subject to CCA74 77/78. Essentially, they are trying to hide absence of a valid Consumer Credit Agreement for the flexiloan account by making it look it was kind of an extension of overdraft on a current account.

 

Could please, great legal minds here examine this tactic of HSBC and suggest what can be done to counter this.

[Braveheart12]

Has anybody got any idea on how to confront HSBC with regards to merging my accounts? looks like they are trying to hide the fact that they do not have a CCA for the Flexiloan.

[sythe]

Has anybody got any idea on how to confront HSBC with regards to merging my accounts? looks like they are trying to hide the fact that they do not have a CCA for the Flexiloan.

 

 

Hi............have you sent them an SAR request yet?.........that would show what they have done....a wonderful paper trail for you to have.

 

regards krj8:cool:

[Braveheart12]

Yes...I sent an SAR on the 4th June...They responded by tellling me I had not signed the letter, so I sent them the usual response letter stating that they use my addresss for all other correspondance so they should not be any need for me to supply them with my signature. They have not responded yet and the 40 days specified has recently ran out.

[sythe]

Yes...I sent an SAR on the 4th June...They responded by tellling me I had not signed the letter, so I sent them the usual response letter stating that they use my addresss for all other correspondance so they should not be any need for me to supply them with my signature. They have not responded yet and the 40 days specified has recently ran out.

 

 

...........in that case we can only wonder at the total ignorance they display................forget about it all until they make contact again..........enjoy life......after all it's the only we've got.

 

kindest regards

krj8:D

[Braveheart12]

OMG what utter incompetance!

 

SAR arrived today! What a can of worms it is!

 

1)They have only sent me statements for my flexiloan and not my current account.

 

2)They only have sent me correspondance over the last 6 months.

 

3) The CCA they have provided is NOT even mine!!!!! Diffrent name, account number, dates, signatures, amount and type of loan!

 

4) They have broken the Data Protection Act, they have provided me alsort of account information for someone else! This in the wrong hands could be used for fraudulent activities!!!!

[42man]

EXCELLENT.....send it off to the Information Commissioners Office.....and send them a SAR (LETTER BEFORE ACTION) non compliance letter (wait until the 40 days is up)....as they might send more stuff to you - edit this one to suit.... - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/178660-blackheath-loans.html - BUT add that they have sent you somebody else's loan agreement and that you have sent it to the Information Commissioners Office.

 

Just keep a heads up on that rolled up situation they do this all the time - have a read of these...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/140032-hsbc-county-court-claim.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/182623-please-help-i-have-2.html

[cerberusalert]

Loverly jubbly

 

First get in touch with the ICO and make a complaint; https://www.ico.gov.uk/Global/contact_us.aspx and wait for the sparks to fly.

 

Get in touch with the person who's details you have received so they can make a complaint too, just to feed the flames a bit more.

[cerberusalert]

HSBC are unbelievable aren't they? They went through all that rigmarole earlier demanding a signature & then this......priceless.

[Braveheart12]

I know...I couldn't believe my eye's at first!

 

Thanks for the info and letter guys!

 

I forgot to mention, this actually came under a Metropolitan covering letter!

[sythe]

OMG what utter incompetance!

 

SAR arrived today! What a can of worms it is!

 

1)They have only sent me statements for my flexiloan and not my current account.

 

2)They only have sent me correspondance over the last 6 months.

 

3) The CCA they have provided is NOT even mine!!!!! Diffrent name, account number, dates, signatures, amount and type of loan!

 

4) They have broken the Data Protection Act, they have provided me alsort of account information for someone else! This in the wrong hands could be used for fraudulent activities!!!!

 

 

Hi "me against them"............I agree with cerberusalert & others, complain. Complain to the Information Commissioner, to HSBC and Metropolitan.

 

Metropolitan or any DCA should not be contacting you whilst the accounts are in dispute..........I can post up a letter I sent recently about a similar problem if you like.

 

Your letter to HSBC may take a bit longer.........you said in your post on 9-July that you have various issues to dispute about both accounts. Start a rough draft detailing that, also complain about all HSBC's actions. They then have 8 weeks to respond. If you're not satisfied with their response you can pass the matter to the FOS. I'm having quite a bit of success doing that about RBS at the moment.

 

..............kind regards

sythe:cool:

[Braveheart12]

Sythe...I'll start putting a response letter together today...I would be also be interested in seeing the letter you mention.

 

Thanks

[sythe]

Hi again "me against them"............just a thought, do you have Payment Protection Insuranse covering the Flexiloan account........if so, can you make a claim........if not that amount should not be included.

 

sythe:cool: