Help With HSBC Default Notice Please

[out_of_the_red]

Hi all,

 

Thank you all so much for your invaluable help so far, this place is amazing and I am incredibly grateful that so many give so much information freely to help others.

 

I have another question for you all.

 

I CCA'd HSBC for a Harvey Nichols account card and MBNA. MBNA sent the debt to RMA who were constantly calling but have now stopped since receiving a letter from them saying they will send the debt back to MBNA. In the meantime I also sent account in dispute letters as neither HSBC or MBNA have ever bothered to send my CCA.

 

So my question is where do I go from here? Do I sit back and wait or think about sending a full and final settlement offer?

 

Am I ok to continue not paying either of these accounts?

 

TIA!!

[cerberusalert]

Just sit back and wait. Until your request is fullfilled no further action can be taken by the creditor. As you have said, the DCA have given up and passed the account back to the original creditor.

[out_of_the_red]

Ok thanks!

[out_of_the_red]

Hi all,

 

I've just been sent a default notice by HSBC for a Harvey Nichols store card which they actually no longer run. It appears to have been incorrectly served as it was dated 14th May and gave me until 28th May to sort out but the letter wasn't received until the 18th May. I CCA'd them back in January and they responded saying I needed to sign my CCA request. I signed the letter and placed a grid of X's over it to avoid any possible lifting of signature. I waited a further 30 days and heard nothing so sent account in dispute letter then stopped payment in March.

 

I have heard nothing from them since until receiving this. It seems they think they can simply ignore my request despite confirming receipt and of course keeping the £1 postal order.

 

Could someone please advise as to a letter to send to them

 

It's funny that HSBC would go in all guns blazing like this when MBNA, who've I've not paid since January for failure to produce CCA, are still just sending nasty letters??!!

 

 

 

[Castlebest]

Just write back agreeing the account is in dispute but because they have failed to comply with your CCA section 78 request letter and as such the account is unrecoverable until they comply also the handling of your data i.e. reporting you to the credit reference agency's is also unlawful

 

pete

[out_of_the_red]

Is there a template letter I can send to this effect? Thanks

[Castlebest]

Hiya have a look at post number 3 on this thread, its not quite the same circumstances as your in but the letter should be fairly easy to edit.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/201324-cca-request-within-12-a.html?highlight=account+in+dispute+letter

 

let us know if your having any difficulty

 

pete

[out_of_the_red]

I sent them the account in dispute letter back in March but they still failed to respond until this default notice. I'm going to put together a letter today and post it here before sending and would be grateful for a quick check of it

[out_of_the_red]

Could someone kindly read over my letter and advise if I should make any changes

 

WITHOUT PREJUDICE/ACKNOWLEDGEMENT OF ANY DEBT

 

 

Dear Sir/Madam,

 

Re:− Account/Reference Number - xxxx – Harvey Nichols Account Card

Your ref: xxx

Thank you for your letter dated 14th May 2009 the contents of which are noted.

In your letter you make reference to a default notice.

 

In the first instance I must point out that this letter was not received by myself until the 18th May 2009 which therefore makes your proposed default notice invalid as it did not give the required 14 days to allow any possible action to address any possible issue.

 

Furthermore you will find enclosed with this letter copies of correspondence from myself to HSBC requesting a copy of my consumer credit agreement as is my legal right under the Consumer Credit Act 1974, which as noted on the “default notice” you are fully aware of. Within the enclosed letters you will also note correspondence from HSBC confirming receipt of my request and asking for a copy of my signature (dated 15th January 2009) and also a further letter stating why you are requesting a copy of my signature (dated 20th January 2009). Both of these letters were responded to by myself and theresent letter of 13th January 2009 included a copy of my signature.

 

I received no further contact from yourself with regard to my request for a copy of the consumer credit agreement and sent you a further letter putting said account into dispute (letter dated 23rd February 2009)

 

As you have consistently failed to comply with your legal obligations and have also served a “default notice” on an account which was already put into dispute on the 23rd February 2009 I must now insist that any further action by yourselves be ceased with immediate effect. In addition to this I do not give my consent nor agreement for HSBC or it’s associated companies or any debt collection agencies you may use to pass on any information regarding myself not limited to financial details to any other company or organisation.

My request for a true copy of my credit agreement under section 77/78 was made on 15th January 2009and the 12 working days for your compliance expired on 30th January 2009.The account was put into dispute on the 23rd February 2009. Until a true copy of a credit agreement is produced by yourselves you are not at liberty to contact me requesting payment nor am I at liberty to offer any such payment.

[lee32uk]

Im not 100% sure, but I think if you put 'without prejudice' then you won't be able to show this letter to the Court, if it goes that far, unless the other party agree to it.

No doubt someone with more knowledge will be along shortly.

[out_of_the_red]

Ahh ok, thank you! Such valuable information!!!

[Castlebest]

That looks good ootr as Lee says just take out the word prejudice so it reads

 

WITHOUT ACKNOWLEDGMENT OF ANY DEBT

 

and that will be fine

 

pete