Credit card dummies guide request

[console_2002]

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

[lee32uk]

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

[lee32uk]

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.

[console_2002]

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

 

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

 

regards

 

Jim

[console_2002]

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

[johnnymitch]

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