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HSBC- Blank Credit Agreement


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Hi,

I've just received the usual blank credit agreement from HSBC with the usual tosh about how they dont have to provide a copy of the actual signed agreement.

I've just sent off the CPR letter and have allowed them 14 days to reply.

I'll keep this thread updated and would be grateful of any advice.

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:D Hi Honestknob, I think you've done it all yourself , nothing to do but wait and see what further 'tosh' they come back with ..... the rub is that a lot of people are put off by this sort of rubbish they're churning out :mad:.

 

However, feedback is always handy, please keep us updated .... :)

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Just realised something interesting. I was receiving threatening letters to pay from HSBC exactly every seven days. Since I sent off for the credit agreement I haven't received any and that was three weeks ago.

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Funny that , eh? :rolleyes:

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Just had the usual evasive answer from HSBC. Just states they have complied with S78 and also Regulation 3(2)b.

Just got to point out to them that they haven't complied with CPR which my letter actually requested.

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You're right hk...... sounds like a case for :

 

If there's a part of CPRs you don't understand , perhaps your DG solicitors will explain it to you - you are required to comply in full with my request - or be forced to do so by a court order ... which will be my next course of action(without further reference to yourselves) if you have not complied within ? days from the date you receive this letter . :)

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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:D

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Well. Looks like they're trying it on even more. Just received a copy of my original application form with a couple of sheets stapled to it saying 'additional information' on them. It also had a slip in the envelope saying please find a copy of your credit card request form'!!??

Anyone got any good replies to this?

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I think they've used up any goodwill you may have left for them HK , in the letter you sent you said you'd take it to court with out further reference to them - why not do that ?

 

If you have requested these documents under CPRs and haven't got them , it's the only course of action left if they have not complied ..... unless you want to tell them(Again)that what they've sent is unacceptable under CPRs and unless they cough up within (?) days you will force them to via the court .

They are also obliged to tell you if they are unable to supply these , there is a formal paragraph about this which I saw the other day , but I can't find it at the moment - can anybody help with that ?

Pete - are you still around ? :D

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Thanks johnny. I just wanted to check for my own sanity that a credit card request form and a sheet of additional information in no way classes as a credit agreement. I just wanted a second opinion I guess.

I'm tempted to just write back to them again and tell them to take a running jump and save my court fee and wait for them to take me to court and then use this as a defence. Any opinions?

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Found it :

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

sorry , hit the send button too quickly :)- you could send this , then just wait for them to confirm they haven't got them or take you to court - a judge would be a bit unchuffed if they wasted court time by not telling you they had these all along ........ so I doubt if they'll go down that road ..

Edited by johnnymitch

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Are your name and any other details on the form ..... and is it signed by you and the bank ? Anyway ,IMHO a 'Request 'Form is not an Agreement ...... but I may be wrong ......I think it's an Application , which is not acceptable as an agreement, they've been trying this a lot lately .......

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Very basic name, address, work details and my signature. No signature from the bank. All reference to interest rates and other terms are on the other piece of paper stapled to it.

I'm confused now. Lol

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Might be better if you could post these up for someone to look at HK - can you do that ?

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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And me HK ....... :D . But my feeling is that if it's not one complete document instead of stapled bits - it's not worth bothering with - it could be anybody's T&Cs .........

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Here we go. I've erased all my details. Hope this works. I've also noticed that all the boxes for a bank signatory are bank so it was never signed off by them anyway.

 

CCA 1 picture by HONESTKNOB - Photobucket

 

CCA2024.jpg picture by HONESTKNOB - Photobucket

 

CCA3025.jpg picture by HONESTKNOB - Photobucket

 

CCA4026.jpg picture by HONESTKNOB - Photobucket

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If those came as separate stapled sheets , not part of the same document HK - IMHO they're not worth considering as a binding document - your name is not on any of the documents except the first one so how do we know the rest apply to you ?

 

And I still think the first one is a Request Form - not an agreement ...

 

However , I'll try to get a second opinion for you tomorrow .....

Edited by johnnymitch

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi HK.

 

Firstly can you confirm if you sent a CPR request or a CCA request.

 

Secondly, take a look at this link and see if it helps. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html#post1747470

 

Thirdly, I wonder if you might get more people with knowledgeable advice if your thread was moved to the Legal Issues forum.

  • Haha 1

 

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:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Firstly can you confirm if you sent a CPR request or a CCA request.

 

1. see posts #1 . #5# 6# caro - it was a CPR request .........:)

 

2. that's a good guide caro , thanks , I've copied that for future use ......

 

Thanks for your help .....

:)

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Thanks for that link, I've just looked through all the credit agreements but I think I'm more confused than ever now. Lol

I still think this is an application form but now I'm not so sure :-(

If you want to move it Cairo then feel free. I only want to continue with this once I know what I'm talking about.

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I would say that as far as an executable agreement is concerned , it falls down at the first fence if it's not signed by or on behalf of the creditor ... ie the Bank ....... under 61 (1) .

 

You said there's no signature from the bank on the stuff they've sent you HK ......

But as caro says , if you want to be sure head for the Legal Issues forum .... best of luck ! :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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