Help With HSBC Default Notice Please

[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.

[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.

[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!!

[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

[fedup74]

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

[fedup74]

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

[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:)

[fedup74]

Hi out of the red. You could send them this letter to see if it produces anything- an agreement or an admission that they don't have one. If they are having difficulty in finding your agreement it will give you more bargaining powers if you did want to offer a F&F, although if there is no agreement you are under no obligation to offer them anything. I understand you don't want anything to affect your credit rating but MBNA do not play by the rules anyway:rolleyes: Just edit the letter to suit:)

 

 

In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letters of xx/xx/xx and xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

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

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore 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 to you.

* 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.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully