Hsbc Lost Cca

[gregs07]

Hi before I start appologies for going over old ground. I took out a personal loan with H.airy S.cary B.C. Aug 07. I've now switched banks to my mortgage provider. I then asked HSBC to switch the D/D over to new bank (makes sense caN'T BE BOTHERED GETTING MONY OUT THE HOLE-IN-WALL ALL THE TIME PUTTING IT IN HSBC) after several hours of calls back and forth to India or wherever your routed to when you cancel the" PREMIER PLUS BOBBINS" i was informed my T&C's stated you have to maintain an HSBC account "get a loan off your new bank" cheeky monkeys. I then asked them to send me a copy of my Loan agreement as after moving house I could not locate orig. HSBC Indian girl then states they're unable to locate the source of my agreement. Enter my local branch who stated "the docs will turn up in storage" After Googling loan agreement I came across this wonderful site. Imagine my suprise when the next call ended with the nice lady from my local branch who'd been so snotty previously. I told her i was making a cca request and she politely told me not to bother as the document were there and if I mssed a payment they'd take me to court...... "Oh good" I said "I'll call up and collect them" This is when she went to pieces ha ha. I've made the cca request but they sent a letter back saying they will not comply as I've not signed it...... does anyone have any ideas please?

Regards Greg.

[johnnymitch]

Hi greg , welcome to the forum

 

Call in and tell them they don't need a signature , that you can prove who you are without that - i.e . utility bill, driving licence etc..... that'll really rattle them , they'll realise that you know what you're talking about .... and they have 12 days +2 from your original application .....

 

This link may also help......

 

Signature not required

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/139881-hsbc-want-signature.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/161862-r-subject-access-request.html?highlight=Signature#post1738047

 

By all means come back and ask if you need further help- someone will answer - and we're user-friendly on here ....... :grin:

[gregs07]

Thanks Jonny I've sent them your letter with a gesture of goodwill.....

Dear Mr Marshall ,

RE Account NO 40290856531644

Your ref: BR/SJM/1922516775

Thank you for your letter dated 12/06/2009 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 S77-79 request.

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you. As a gesture of my goodwill I will collect the documents from my local branch in person with my Passport/Driving licence or any I.D. you may think necessary.

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 77-79 was made on 09/06/2009 and the 12 working days for your compliance expire on 21/06/2009 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

 

[gregs07]

Hello again I was wondering if anyone can help me further, I've received my bank statement from HSBC this morning with guess what the Personal Loan D/D taken on 1/7/09 after sending them a letter saying the loan account was in dispute they'rer still taking money?? i'e not credited the account for a couple of months and now it way over the overdraft and incurring charges and interest does anybody know how to stop them? I've had no response to my last two letters 1) chassing the CCA and 2) telling them I dispute the loan and to stop taking payment. any help much appreciated thanks, Phil

[Castlebest]

HSBC commonly state they cannot cancel direct debits that are paying their own loans. I would write to them confirming that the direct debits were canceled on (whatever date) and they must return the money taken after that date or you will put a complaint into the FOS.

 

pete

[gregs07]

Thanks Pete, you wouldn't happen to have a template letter / know where one is would you please?

Cheers Phil.

[johnnymitch]

I don't think there's a suitable template for this one Phil, - just word it as pete outlined for you ...... and tell them you are reporting them to FOS - and follow through with it ......

 

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