HSBC credit card, can I get it written off??

[rosina77]

Hello Everyone,

 

My friend has got into a bit of finacial trouble and I am trying to help them.

They have the following

 

HSBC flexi-loan amount borrowed £2400.... Outstanding £2300 Monthly £96 14.8%APR

(this was taken out in Feb 2006, so think would complie to the newer regs)

 

HSBC Overdraft amount borrowed £1500.....Outstanding £1300 Monthly av interest £17 18.8% APR(this is renewal at the cost of £35 pa so I think would complie he is given new terms and conditions each time.)

 

HSBC credit card amount borrowed £1200... Outstanding £1100 Monthly av £27 15.9% APR

This credit card was cancelled and HSBC replaced it with the above flexi loan. He then received a new unagreed credit card that he used.

 

HSBC sent the following letter

 

HSBC letter picture by rosina77 - Photobucket

 

Can anyone advise me where I go from here please and if they think it is enforcable?

 

Many thanks

[berrylover]

Send a SAR requesting a copy of everything that HSBC hold regarding the credit card account. Then your friend will see if they have a signed agreement. He needs to send a £10 postal order with the request and they have 40 days in which to send all the info back to him.

[rosina77]

Send a SAR requesting a copy of everything that HSBC hold regarding the credit card account. Then your friend will see if they have a signed agreement. He needs to send a £10 postal order with the request and they have 40 days in which to send all the info back to him.

 

 

Thank you for your reply this is what he did do and they sent the letter that I attached above, with a blank application form, old terms and conditions and new terms and conditions. The above letter states that is all they needed to provide to comply with the SAR request.

[diamondgirl]

Just subbing

[rosina77]

Just subbing

 

Sorry, I don't understand what you mean:confused:

[rosina77]

Oh forgot to say the original card was taken out in Aug 2005

[IdaInFife]

it looks as though your friend sent a cca request which costs £1..

 

i would go with berry and send the sar

 

ida x

[rosina77]

Thank you Ida and Berry,

 

I will get a subject access request sent out, and see what happens

 

I thought the CCA was the same as the SAR, but as you can tell I don't know very much about any of this.

[diamondgirl]

Sorry, I don't understand what you mean:confused:

 

Subbing - keeping you up the page and also following your thread with interest.

DG:)

[rosina77]

Subbing - keeping you up the page and also following your thread with interest.

DG:)

 

Oh I get it

 

Well unfortunatly I need to get the SAR, so it will be a few weeks before I can post a copy of what they send me.

 

This site is brillent, I find it all so interesting:)

[rosina77]

Hello All,

 

I have had a reply to the subject access request and all it is are copies of statements.

 

Can anyone advise me what to do next?

 

Many Thanks

[diddydicky]

Hello All,

 

I have had a reply to the subject access request and all it is are copies of statements.

 

Can anyone advise me what to do next?

 

Many Thanks

 

dont forget to bear in mind that a SAR will NOT probably get you the original agreement

 

they are only obliged to send you the INFORMATION not the actual document.

 

also i feel sometimes folk are too early with sars as there is other important information further "down the line" thats needs to be captured and at 10 quid a time and 40 days to wait it can sometimes be a mistake to fire off all your guns too early

[rosina77]

Hi Diddydicky,

 

What would you suggest doing?

 

I did a CCA and a SAR so far, and dont seem to be getting anywhere.

I have copied the reply to the CCA already and will copy the reply to the SAR shortly.

Many thanks

Rosina

[rosina77]

response to SAR picture by rosina77 - Photobucket

 

This is the reply to my SAR as well as a few bank statements

[diddydicky]

Hi Diddydicky,

 

What would you suggest doing?

 

I did a CCA and a SAR so far, and dont seem to be getting anywhere.

I have copied the reply to the CCA already and will copy the reply to the SAR shortly.

Many thanks

Rosina

 

now we need to know what your friends objectives are

 

i don' think getting the debts written off is likely

 

how much can they comfortably afford (if anything) to pay each month in total towards these debts?

[rosina77]

Hi Diddydicky,

 

They are currently paying the min amount each month as they can't afford any more.

 

They seem to have got themselves into an alkward situation that is not getting any better, they are on a low wage and as you can see do not owe a great amounts of money but when compared to the salary they are on it is alot.

 

The credit card was cancelled and the bank should not have issed him with another one a few months later as the account was closed and the card was never requested so there is no agreement in place.

 

Kind Regards

Rosina

[diddydicky]

is see, do they own their property, what is the amount they are paying?

[rosina77]

is see, do they own their property, what is the amount they are paying?

 

No they do not have a property, no chance of getting one for the time bein, no savings ect.

 

I am not sure on the amount they are paying I just know its the min, I think they owe £1500 and I think the interest is 18%, I would need to check the orginal documents he gave me.

 

Rosina:)

[diddydicky]

well according to your initial post they stil owe around 4700!

 

the best thing is to send of the s78 requests and see what comes back and post it up here

 

the strength of their agreements will determine what (if anything) they should offer

[rosina77]

Diddydicky

 

Its only the Credit Card that I am look at the others that were mentioned at the begining of the post are all enforcable.

 

There is £1200 owe and he pays £27 a month

 

What is an S78 request?

 

Rosina:)

[diddydicky]

its a request under s78 of the cca to provide you with a true copy of the executed credit agreement together with a full statement of account

 

your friends need to send it (recorded delivery) for each of thier loans/credit cards to see if the agreement is properly executed or enforceable

 

they need to send a one pund po with the request

 

look on the LETTER TEMPLATES tag and you will find the relevant letter to send

[rosina77]

its a request under s78 of the cca to provide you with a true copy of the executed credit agreement together with a full statement of account

 

your friends need to send it (recorded delivery) for each of thier loans/credit cards to see if the agreement is properly executed or enforceable

 

they need to send a one pund po with the request

 

look on the LETTER TEMPLATES tag and you will find the relevant letter to send

 

I have done the CCA and I have attached the responce. It is a blank copy of an application form, so still unsure what to do now:confused:

[IdaInFife]

hsbc - did you send a sar?

 

it's getting confusing with the 2 as the direct line is enforcable

 

 

ida x

[rosina77]

hsbc - did you send a sar?

 

it's getting confusing with the 2 as the direct line is enforcable

 

 

ida x

 

Hi Ida

 

I am only looking at the HSBC credit card as the others are enforcable.

 

Yes I sent a SAR and a CCA I paid the £1 and the £10 fee and have posted the replys. There is no signed agreement.

 

Rosina

[IdaInFife]

ok try this: edit to suit

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a copy of any alleged executable agreement

2) You have failed to provide copies of any correspondance.

3) Toy have failed to provide any defaul notices

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

ida x