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Urgent help needed please-HSBC overdraft & credit card


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Hello, i'm hoping someone will take pity on me & give me some advice regarding HSBC. I really need to get this right & send responses asap as a major health problem/hospital has caused a delay & now i'm getting threatened, so please help me if you can:(

 

I'm posting here regarding 2 accounts, as they are both HSBC but if this is wrong & I should seperate them, please let me know & i'll do so.

 

First there's the overdraft issue. This has come about after I changed banks because HSBC were bleeding me dry every month with horrendous "unauthourised overdraft request charges" as they call them, which were running into hundreds most months. They also put £1000 into my current account from what they call a flexiloan & started taking an extra £100 p/m from my account, on top of the other charges. This was done without my knowledge or consent & obviously just made matters worse. I wrote to them on several occasions, explaining my situation healthwise & asked them to extend my "authorised overdraft limit" temporarily, to stop the ridiculous charges as obviously they were making matters worse but they did nothing. It got so bad that I couldn't pay my bills & I was advised to move to another bank, which I did after cancelling all my direct debits with HSBC.

 

I then sent them a SAR with the £10 fee but I have received nothing back as yet (sent 07/05/09) I also sent them notice that I intended to claim back the huge charges & that the account was now in dispute. They have contined to add charges & interest & have now defaulted me. Then a few days ago I got a letter from Metropolitan Collection Services Ltd, as follows:

 

Dear ----

Your Account with HSBC Outstanding balance £4,548.85:eek:

 

We are disappointed to note that we have been unable to come to an arrangement to clear the outstanding balance on your account. To ensure that our letters are reaching you (what letters??) we have conducted enquiries which confirm that you are indeed resident at this address. We have also established that your phone number is ex-directory (too right it is:lol:) If you do not contact us we intend to instruct DG Solicitors to issue legal proceedings & apply for an attachment of earnings order. We should explain that this order may be sent to your employer by the court. It tells the employer to take an amount from your wages each pay day & send the money to court as payment towards your debt. Additional fees & costs will be added to your balance should this course of action prove necessary. (What a surprise!!) You can prevent this action if you contact us now on freephone 0500 etc. Our offices are open, bla bla bla.

 

I have read that this company are actually HSBC but even so, are they allowed to default me when my account is in dispute? Although I can't work out exactly how much they've stung me for over the years as yet, because they have not replied to my SAR, I know for sure it will work out to way more than they are saying I owe. Also, are they allowed to keep piling interest & charges on? Or pass this on to their phoney DCA? I'm really disgusted with theway they've handled this - I had that account for about 25 years (back when they were Midland - the listening bank!) I'd be so grateful for any advice & maybe a killer letter template to fire back at them. I can't give a final figure on all they've stung me for until they send me the info & they must know this. Any ideas please?

 

Then there's the credit card. Taken out at same time as above account, so 25 years ago. I did the CCA & they did their usual regarding the signiture, which I argued back & forth. I eventually sent one on a tamper proof signiture strip which someone kindly provided onthis great site. I eventually got some papers back which consisted of a couple of recent ish statements, a load of photocopied sheets - the 1st three of which say Midland Credit Agreement (blank form, no writing by anyone, let alone me) & a couple of sheets of t&c's.Then the rest of the papers(16 pages) are photocopies of more t&c's for HSBC. Not one page refers to me - or anyone else. No details at all.

 

The covering letter says:

 

Dear ---

Further to your letter please find enclosed copy documents as requested.

Section 78 (1) of the Consumer Credit Act 1974 requires us to provide "...a copy of the executed agreement (if any)..." Regulation 3 (2) of the Consumer Credit (Cancellation Notices & Copies of Documents) Regulations 1983 allows that certain items may be omitted from such copies, including signiture box & signiture.

 

Therefore, the copy of the executed agreement we must supply is a copy but need not be a photocopy of the signed agreement. Regulation 7 of those regulations also requires us to provide a copy of the executed agreement, as varied, where there is a power to vary the terms of the agreement, which there is with your card agreement & that power has been exercised to vary the agreement, which again is the case with your card agreement:confused:

 

As the account was opened pre 1992 we are providing a copy of the earliest available archived terms (1992) which is a variation of the terms agreed to at the time the account was opened in July 1990 (this is incorrect - it was before 1990 but they obviously have no record of it)

We therefore enclose an up to date copy of the terms & conditions applicable to your account (and) a copy of the latest variation notice issued in respect of your account & a blank copy of the agreement form.

***The agreement form contains the original terms & conditions that you accepted when you entered into the agreement. Clause...Gives the Bank the right to vary the terms & conditions.*** The variation notice shows that the terms have been varied & therefore in accordance with this legislation the up to date terms & conditions are the appropriate information to produce.

 

In addition, please find enclosed a signed statement of account validating any debt outstanding.

 

Phew! Really wish my scanner wasn't broken!

 

I'd really appreciate some advice re this letter too please. I think they are purposely trying to confuse me by talking cobblers but as they have succeeded in that:confused: could someone please translate?

 

I'm so sorry that this post is so long but I wanted you to have all the facts as my reply is going to have to look like I know what i'm doing & cos of the delay my illness has caused, I really need to get onto it asap.

 

Thank you so much for sticking with it if you made it this far. Please get back to me as soon as you can - or if you can't help me, maybe you know someone who can? I'm worried sick & it's really not helping my recovery. I know i'll feel 100 times better when I have replied to them.

 

Thank you so much.

 

Michelle.

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