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johannab

CCA request,no cca on file! HSBC

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Hello,

I have an old HSBC debt which is now with a solicitors/collection agency.I have paid £90 pcm for many, many years on the debt and have reduced it from 12k to £2800.

I have scanned the letter I received from them today in regard to my cca request.I hope my scan is clear enough.

Any advice welcome....

 

 

 

PS credit card reclaims - claimed ALL charges and interest from mbna and natwest and upon my 2nd letter declining their paltry offers they gave in and both paid ALL the fees back with interest.

DG LETTER SCAN.jpg

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Sorry johannab, it's too small to read.

 

Could you upload using photobucket or similar please?


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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No CCA = unenforceable.

 

Keep that letter safe ;)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Oh, aren't you in luck - no agreement, no debt! :)

 

You can play it 2 x ways

 

1. Write & tell them you know this debt is unenforceable as they have no agreement & suggest (a) they wipe it off & remove any defaults from your file or you will take them to court to get it declared unenforceable plus claim all interest paid to date on the loan (which will cost you time & a little money for fees etc. but should be reclaimable against DG)

 

2. Put the account in dispute based on the above, do nothing & wait for them to take you to court or 6 years to expire. However they will def. default you, which if you have been making regular payments thus far, could affect your credit rating substantially in the next 6 years.

 

IMO, I would take (1) but you will have to do considerable research to press the case home if it goes to court.


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Oh, aren't you in luck - no agreement, no debt!

 

Ermmmmm......the debt would still exist - it's just unenforceable in court.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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thanks for all your help. There is already a default on the account so at least they can't do that to me!

 

Is there a template of letters for my next steps anywhere? I am looking at the pack on the site for £17,I think that may be what i need.

 

I am worried about what they will do if i stop paying...as i have been paying without complaint for 8 years would a court not deem the debt valid?

 

Johanna

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For it to be valid, there has to be an enforceable CCA - it makes no difference if you have previously made payments.

 

There is a template library on CAG which contains all the letters you need for free - The Consumer Forums - Library

 

There is also this one: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Other CAGgers (including myself) also have all manner of template letters for different circumstances.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Ermmmmm......the debt would still exist - it's just unenforceable in court.

 

I stand corrected, slip of the fingers.

 

However I did go on in that post to explain how to ensure the debt remains unenforceable & therefore only has to be paid if the OP so wishes.


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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thanks for all your help,its much appreciated.:):p

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