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Credit card dummies guide request

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Hi, I have been a browser here for many months and finally decided to take the plunge and take some "consumer action"

 

I have a HSBC Gold credit card with £6800 on it, I have never missed a payment on this and it is not at present in any dispute.

 

Having fallen out with HSBC in regard to there dealings with a business account I would like some help with the enforeability issue of this card (revenge is sweet).

 

My first question is this..........

 

1/ I have a copy of my credit file frrom all 3 agencies and it does not show the HSBC credit card on any of the 3 reports, having had the card over 5 years i am a little confused as to why it is not listed at all on my file?

 

2/ If i challene the enforceability of the agreement and the bank default the account, can they then register the default on my file if they have never made an entry before?

 

3/ I am slightly confused with what to send and when in order to challenge the agreement, can someone give me a step by step guide with timescales?

 

1. send sar then wait ? how long

2 send ? wait how long?

3. send ?

 

 

I have seen the templates for SAR but i have also become a little confused with what i am requestinfg as some posts mention the data protection act 1988?

 

Many thanks for any help.

 

Jim

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Hi

 

A SAR will get you all the data the bank holds on you for a particular account, so if you requested it for a credit card you would (Should) get all the statements, a copy of the cca, telephone records, and anything else relating to the account.There is a fee of £10 for this.This comes under the data protection act.

 

A request for your cca will or should get you a copy of your cca and nothing else.You wont get any statements or anything that you would get under a SAR.The fee for this is £1.This is a request under s77/78 of the consumer credit act.

 

The only trouble with sending a cca request is that the bank can omit certain details from the agreement that they send you.Barclaycard for example only send out current terms and conditions under a cca request.They will then tell you that they have fulfilled their obligation.

 

I would say send a cca request first, as this is the cheaper option, and you might just get a copy of your original agreement.If you get no joy then you can send the SAR after :)

 

 

The timescale for a cca is 14 days (2 days for postage and 12 working days)

 

A SAR is 42 days (2 days for postage and 40 calendar days)

 

 

Also when you write any letters to them, use this anti-tamper strip to sign over.It stops them 'lifting' your signature :)

ANTITAMPERSIGN.jpg

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One other thing.....I have also noticed that HSBC is missing from my credit report.I have not found out why as yet :-| It does seem rather strange though.

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Thanks for your prompt response.

 

I am very interested in why it is HSBC have not reported the credit card, it is obviously not just my file i have had this card over 5 years.

 

I am very interested in finding out if they can subsequently report a default if they have not been reporting prior.

 

If the account can not be enforced and they cant subsequently add a default record then the debt would be as good as deleted.

 

write to me begging all you want you cant make me read it :p

 

I will follow the process you have outlined, my intention is to not damage my credit file in the proocess.

 

regards

 

Jim

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I forgot to ask, if they fail to respond to the timescale for a cca, 14 days (2 days for postage and 12 working days) what do i send?

 

 

subsequently if they fail to respond to A Subject Access Request, 42 days (2 days for postage and 40 calendar days) what do i send?

 

once again thanks for you help.

 

Jim

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Hi jim :)

 

For SAR : http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-

 

For CCA :

 

Reference ....... (your letter of xx xxx xx)

I am disappointed that you have failed to respond to my request for a copy of my Loan /Credit Card agreement to which I am entitled under the Consumer Credit Act 1974 (Sections 77−79). A copy of this letter is attached for your convenience.

I have previously enclosed a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I am sure you also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Failure to respond positively will be reported to the Financial Ombudsman Service and the Office of Fair Trading.

Yours faithfully


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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