Me against them v's HSBC Flexi Loan

[sythe]

Here is a copy of the letter I spoke about:

Account In Dispute

Ref No. xxxxxxxxxxxxxxxxxxxx

Client Ref. xxxxxxxxxxxxxxxxxx

 

 

Dear Sir/Madam

I am writing in response to your letter to me, dated xxxxxxxxxxxxxx.

 

I sent a recorded delivery CCA request, dated xxxxxxxxxxxx.

xxxxxxxxxxxxxxx haveso far failed to comply with my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

The documents that are required are a true copy of the original signed executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by the original creditor and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, that document should also be enclosed. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

I received a letter on xxxxxxxxxxxxxx, that letter does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in that document. Since that document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states:

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

I now require written clarification as to whether or not you can supply the documents referred to above. Should you ignore this request you will be in breach of the Administration of Justice Act 1970 section 40. I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

 

 

With reference to all the above the account remains in default and as you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

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

 

Furthermore

1.1 The Office of Fair Trading (OFT) has a duty under the Consumer Credit Act 1974 to ensure that licences are only given to and retained by those who are fit to hold them. The Act provides that the OFT take into account any circumstances which appear to be relevant and in particular any evidence that an applicant, licensee, or their employees, agents or business associates, past or present, have:

• failed to comply with the requirements of credit or other consumer legislation

• engaged in business practices appearing to us to be deceitful, oppressive or otherwise unfair or improper (whether unlawful or not).

2 UNFAIR BUSINESS PRACTICES

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.

2.2 Examples of unfair practices are as follows:

b. leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors'

lack of knowledge

 

False representation of authority and/or legal position

 

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

b. falsely implying or stating that action can or will be taken when it legally cannot

Deceptive and/or unfair methods

Psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different

parties

e. not informing the debtor when their case has been passed on to a different debt collector

h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

Consequentially any legal action you pursue will be averred as both unlawful and vexatious.

 

N. B. You should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

With reference to the above I wish to make a formal complaint about your letter and require the following :

An explanation of why you sent the letter, dated xxxxxxxxxxxxxx.

The contact details of the department of xxxxx that instructed you to write to me.

 

You have 8 weeks to respond to this complaint. In the event that you do not respond satisfactorily I will contact the Financial Ombudsman Service.

 

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

 

Yours faithfully

Edited August 20, 2009 by sythe
spelling

[Braveheart12]

Todays letter is from DG Solicitors, who are acting on behalf of HSBC. As I have not met HSBC's demand of full payment they have been instructed to take legal action against me. They go on to say I have 14 days to avoid legal action.

[sythe]

Todays letter is from DG Solicitors, who are acting on behalf of HSBC. As I have not met HSBC's demand of full payment they have been instructed to take legal action against me. They go on to say I have 14 days to avoid legal action.

 

 

send them exactly the sam letter as you send to Metropolitan.

 

;)sythe

[Braveheart12]

Yeah...will do.