Help With HSBC Default Notice Please

[out_of_the_red]

Hi all,

 

I know you will have seen similar posts a million times but hope you may be able to offer me some advice.

 

I am thinking about sending CCA request letters to all my store/credit card companies as I have recently had my work hours cut back from 5 to 2 days a week and will struggle to even meet the minimum payments.

 

The thing is I have sufficient savings to pay these debts off in full but am hoping to buy a house this year and want to keep the money for my deposit.

 

I owe:

 

MBNA (held since 1993) - £8800

Egg (held since 2003) - £900

Mint (held since 2004) - £4000

M&S (held since 2005) - £3900

Selfridges (held since 1997) - £1000

Harvey Nichols (held since 1997) - £1200

 

Is there a possibility if I go down the CCA request route they would discover I had these funds and therefore demand payment?

 

Also once I've sent the CCA letters do I stop making payments immediately?

 

What I really do not want to do is state my reason for non-payment as lack of money because I do of course have funds available to me.

 

At this point I am making payments and have not missed any for at least 3 years if not more

 

I have also read http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html with interest and wondered if I should request in this format?

 

Thank you in advance

[fedup74]

Hi out of the red welcome to CAG:) You can make a CCA request at any time and you are perfectly entitled to ask for your agreement. By requesting it the companies are not going to find out what you have in savings- only a court can order you to give income/ expenditure details. I would certainly request your agreements the older ones are unlikely to have a properly executed agreement and this will give you bargaining powers if they are giving you hassle. Once you have made your request they have 12+2 working days to give you your agreement, after this time the account goes into dispute if they don't send your agreement and you can stop paying until they give you your agreement. The debt won't go away, they might trash your credit file and if they find an enforceable agreement a year down the line, then they can enforce payments again. You could state your reason for reduced payments is a change in your circumstances. I think PT's post is if there are court proceedings imminent as it is under the CPR rules that you request your actual agreement so a CCA should be sufficient for now. Do you know where to get the CCA request? Don't forget to send a £1 Postal order and DON'T SIGN the request. If you need anything, just shout.

[out_of_the_red]

Thanks so much for replying.

 

Yes I bookmarked the link to the letter requesting the CCA.

 

Ok so I request them and then wait. Is it possible that if they can't find them and don't respond that the debt will be wiped? I'm sure that sounds naive and over simplified!!

 

Can you also use a non-production of the signed CCA as a bargaining tool to pay off at a reduced sum? Say 10% of the debt or whatever?

 

My whole reason for doing this it to pay them off but hopefully at a fraction of the current value. I would gladly hand over £5,000 between all of them if I meant I was rid of the debt

[cosalt]

What you must remember is that if you don't pay - even if they are in the wrong - they will more than likely default you, if you go for a settlement they may put this as partial settlement. Either will probably mean you cant get a mortgage or certainly not one with good terms, especially in todays climate.

 

Of course its up to you but if it was me I would pay the lot off, with the money you are saving you will soon have your deposit saved up again.

 

Cosalt

[fedup74]

The debt won't be wiped it just means that while they are in default of your request they cannot enforce it. If they come up with a defective agreement then this is indeed a good bargaining tool but you would have to be very careful in the wording of your letter for the full and final payment as a lot of them sell the remainder on to another DCA:rolleyes: I know with MBNA most of their agreements from '93 are unenforceable- mine was from 1999 and they offered me a reduced balance of £3k on a balance of £8.5k which was really good if I had the money.

[out_of_the_red]

Wow! And did you have to fight for that? Did they agree that no further action would be taken by anyone if you paid it off?

 

If they were to offer me that I would jump at it!! Sorry for so many questions

[fedup74]

I didn't have the money although I did thank them for their generous offer. I put it to them instead of the reduced amount would they perhaps think of taking their charges off and reducing the debt this way so the small amount I could afford each month would be acceptable .............They sold it to a DCA:D who are not getting anything cos the account is unenforceable!!

[out_of_the_red]

LOL!! Nice way to handle it!

 

Well maybe if I get the ball rolling with this then I can negotiate the debt down......thank you for your help

[out_of_the_red]

Hello again everyone!

 

I've sent CCA request letters today to MBNA, Selfridges and Harvey Nichols. I understand I have to wait 12+2 days for a response. Is that period of time taken from the date of receipt? So if they receive the letter tomorrow they have until the 29th January to send me the CCA?

 

Also what happens if they reply but not with the CCA? Does that mean I still wait until the 29th January and then the debt will be in dispute?

 

TIA!

[cadencealex]

What is worse is the Defaults.

 

Some people don't seem to mind the defaults so long as they dont pay and aren't getting hassled.

[out_of_the_red]

My plan is to use any unenforceable CCA's as a way to reduce the debt and pay them off at a reduced amount.

[out_of_the_red]

Hi all,

 

I received my first response to the CCA request from HSBC who ran the Harvey Nichols account card. They received the letter on 15th January and the letter in reply is dated the 15th January so an immediate reply.

 

They have responded with:

 

Unfortunately, you have omitted to sign your letter. May I ask you please to submit fresh instructions ensuring your letter is signed. The bank policy is to establish the identity of the customer via a signature such that it can be compared with any other document (eg. application) that we may hold. I apoloise for the incovenience this may cause you.

 

I have enclosed your Postal Order as the Bank is happy to waive any fees for the production of this information.

 

Now I understand that I have to submit with a signed letter but have seen posts on here saying some folks have had their signature from their CCA request letter scanned onto a agreement so that it then becomes enforceable.

 

What do I do?

 

Also does the 12+2 days start again from when they receive the replacement letter?

 

TIA!

Edited January 19, 2009 by out_of_the_red

[m3man]

do not sign, instead scan it in or handwrite with the opposite hand!

[silverfox1961]

You could print SIGNATURE and then sign on top of it in black. Let them try copying it then.

 

Just a thought!

 

fox

[fedup74]

Send the muppets this- they do not need a sig for a CCA request.

 

Dear Sirs,

RE Account NO XXXXXXXX

Thank you for your letter dated xx/xx/2008 the contents of which are noted.

In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

I look forward to receiving the documentation requested

Yours faithfully

Print dont Sign

 

 

 

The 12 days start from your initial request

Edited January 19, 2009 by fedup74
last bit

[dx100uk]

just another delaying tactic!

 

dx

[silverfox1961]

Damn it fedup, I was looking for that and couldn't find it so I'm very shamelessly gonna pinch it from you and store it on my pc

 

fox

[fedup74]

Thats ok Fox, I've pinched your photobucket one!! But I do mention your name if I post it:)

[silverfox1961]

Don't worry fedup, credit where credit's due. I'll put you on the letter

[out_of_the_red]

Damn you are all good!!!

[fedup74]

Fox don't put me on the letter cos I pinched it off someone else, but I can't remember who:D

[out_of_the_red]

Just one other thing fedup, do I put the date that I made the request on as the date that I sent the letter or the date on which they received it?

 

And when you say print my name, do you mean write it in print or type it out? Sorry that sounds daft I'm sure but I want to just cover everything

 

And thank you!!!

[silverfox1961]

Fox don't put me on the letter cos I pinched it off someone else, but I can't remember who:D

Ok I'll adapt it to suit. No worries.

 

fox

[fedup74]

Just type your name if you are doing the letter on the computer. The 12 working days goes from when they receive it 15th Jan. The reason you will see 12+2 is to allow for post but if you know the date they received it count from then:)

[out_of_the_red]

Thank you sooooo much!