Hsbc Cca

[Old Cogger]

Move your account get a parachute account for all your needs, HSBC cannot touch your monies them or else they will.

[thirty-n-fat]

Move your account get a parachute account for all your needs, HSBC cannot touch your monies them or else they will.

 

 

can or will they do this?

 

im worried that my credit rating will prevent me opening a new account? can anyone advise where to go?

[Old Cogger]

go to a basic account with Nationwide or any other bank you should have no trouble doing this, but do not hang around, sooner sorted the better

[johnnymitch]

Hi again tfn ...

 

Under what is called 'Rights of Set-off ' they can use money from one account to service a debt in another one ... with the same or an affiliated bank .....

 

Right of set-off ...............

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm

 

What mike 770 is saying is open an account with a completely different bank ... just a basic account for your everyday Income & Expenditure where you don't go overdrawn ....

That will give you space and time to work out how to handle HSBC at your leisure .....

 

There are quite a few banks who will take you on in this capacity .. have a look at this link:

 

Parachute Account

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

 

many people have got these now tfn .... so you should have no problems ... come back if you need more info ...

[InformedSearcher]

can or will they do this?

 

im worried that my credit rating will prevent me opening a new account? can anyone advise where to go?

 

 

Try the Co-Op or LoydsTSB - both can be opened over the phone with zero balances in under 10/15 minutes. The Co-Op is the best bet because you get to use 'Link' atms whilst LTSB is limited to their own (often not working) atms. However LTSB offer free weekly (on a Friday) texts to your mobile showing last 5 transactions and balance.

 

Michael

[thirty-n-fat]

Thanks for all of the above.

 

I assume that the letter has been recieved as there has now been many many calls for me while I have been working today. Should I listen to them or should I ask them to put it in writing and ask them not to call again?

[johnnymitch]

Hi tfn

 

I would tell them that due to their inability to produce a CCA this account is in serious dispute and that all contact should be in writing to provide a paper trail in case of court action.....

 

Meanwbhile , if you have a look at hotdog77s thread you'll see that I've asked for advice from a fellow cagger for advice on declaratory relief ... maybe that is the way to go ....

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/194390-hotdog77-no-agreement-what-2.html#post2635555

[thirty-n-fat]

as an update, I have paid in £1 using the pay in slip form the bottom of a crddit card bill and another pound is due this week. not sure if this is the right or wrong thing?

 

what can i now expect? that i pay off the debt myself with no interest over months / years? if this is the case, is it likely that a court ruling will change this position?

 

i am not too bothered about my credit rating as i never plan to use credit cards again but will this be a permanent scar on my file?

 

i am still getting many calls and text sms (god knows where they get my mobile number) depsite my previous requests for no harassment. is it a waste of a stamp to send another put it in writing letter?

[thirty-n-fat]

just as an up date, today is the first time I am on here and I have received a default notice on this account. can anyone tell me what I should do when I finish my panick ?!?

[johnnymitch]

Hi TFN,

 

Panic not ! If they haven't got an agreement they shouldn't be threartening to Default you ..........write and tell them that , as they have not produced evidence of the debt , they cannot Default you for not paying it on your terms , which you are doing .

Tell them you will report /have reported this threat to FOS and that you are prepared to fight this all the way to court if necessary ...... (that's if you are of course .. , I can't see them going to court with this ...)

You should also ask them to confirm that the Default Notice has been withdrawn ..............

 

They shouldn't be doing this ..... I'd report them to FOS to be on the safe side ....send FOS copies of the letters saying HSBC can't provide an agreement , the Default Notice and the one you're sending to HSBC .....and make sure HSBC know you've reported it ...........

 

Don't let 'em get away with this TFN

[InformedSearcher]

Hi TFN,

 

Panic not ! If they haven't got an agreement they shouldn't be threartening to Default you ..........write and tell them that , as they have not produced evidence of the debt , they cannot Default you for not paying it on your terms , which you are doing .

Tell them you will report /have reported this threat to FOS and that you are prepared to fight this all the way to court if necessary ...... (that's if you are of course .. , I can't see them going to court with this ...)

You should also ask them to confirm that the Default Notice has been withdrawn ..............

 

They shouldn't be doing this ..... I'd report them to FOS to be on the safe side ....send FOS copies of the letters saying HSBC can't provide an agreement , the Default Notice and the one you're sending to HSBC .....and make sure HSBC know you've reported it ...........

 

Don't let 'em get away with this TFN

 

I totally agree with you on this!!

 

The sad thing is that HSBC will still do what 'they' want to untill they realise it could cost them heavily. They know that the chances are no one they tread on has the required 'clout' they rule with. Will the FOS though, have the nerve to force them, as they should or just merely sound like an echo, which is quite probable? If they refuse to remove the DN entry from the CRA's then the only way is the County Court. I know it makes me despair at their actions.

 

Michael

[thirty-n-fat]

thanks for all the help and support, I am quite worried as what should be fairly straight forward (once they have conceeded a lack of agreement) seems to be turning ugly.

 

i hve been searching the forums for help and would any one say that this letter is a good start http://www.consumeractiongroup.co.uk/forum/lloyds-bank/131030-sent-cca-request-lloyds.html ??

 

as I understand, if I go to the FOS then the ball is in their court and if they dont like the case or me then they may go in favour of the bank. is this true and what else can I do?

[johnnymitch]

Hi TFN,

 

I would watch that link , parts of the letter are ok , but I believe it is no longer a criminal offence even if they don't produvce the CCA ...... that was taken off the books a couple of years ago ....

 

I would agree with you that FOS could quite easily go in favour of the banks , sems to be their inclination more and more these days , and as the arrow link on FOS says , for the most part don't bother .

However , I would be inclined to give FOS a chance , that way they can't claim you didn't exhaust all avenues of complaint if it came to court ....

 

Maybe Trading Standards is worth a tug .... have a look at this link

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/130726-mbna-no-cca-nasty.html#post1384398

 

Depends again on who you speak to of course , but Consumer Direct's attitude seems to be a bit more positive than FOS........

[thirty-n-fat]

so it seems that the cca law is worthless?

 

a letter to the listening bank and a call to trading standards will be my first port of call.

 

does anyone have any experience of the fos as all i hear is bad things?

[johnnymitch]

I wouldn't say the law is worthless TFN , just had it's teeth drawn a bit , i.e. no criminal offence ....... but it needs someone with the will to enforce it .... and FOS have been a bit reticent in that department of late ..... not to mention , OFT ,FSA, ICO, et al......... .... let's know how you get on with Trading Standards .

[thirty-n-fat]

I sent a letter reminding them that the account was in serious dispute and asked for confirmation that the default had been removed. All was quiet for a few weeks until I recieved a Final Demand today asking for the full amount including a lot of heavy charges that they have added on.

 

Im not sure what to do now as it seems that they dont see my letters as credible and ignore everything I write.

 

I have many problems and this could tip me over the edge money wise. Any know what I can send to hsbc that will actually help as they certanly arent the listening bank anymore!

[InformedSearcher]

I sent a letter reminding them that the account was in serious dispute and asked for confirmation that the default had been removed. All was quiet for a few weeks until I recieved a Final Demand today asking for the full amount including a lot of heavy charges that they have added on.

 

Im not sure what to do now as it seems that they dont see my letters as credible and ignore everything I write.

 

I have many problems and this could tip me over the edge money wise. Any know what I can send to hsbc that will actually help as they certanly arent the listening bank anymore!

 

 

You will find that HSBC will NOT do what you want/expect them to. The last thing they will do is remove a DN and you are probably on their call list, enter stage right, India, Malaysia and The Phillipines!.

 

I've said before often that the new easy and cheap way is not bother taking you to court because they know they might not win. However if you take them to court 'they' have a better chance of winning. Think of them as the spider and (you the) fly.

 

Your options are to weigh up what you feel will work best. Since the charges case failed, banks seem to have started down the road with the heavy hand manners. If you talk to whoever calls you from a 3rd world country be aware that they have no discretion and cannot see all of your account. You will probably be driven to depair communicating unless like me you like to 'play' with them?

 

Sorry I'm not being too helpful here but having experienced what I have stated 1st hand I've now left it to them to do all the moves. A SAR might be a wise action if not already done.

 

Michael

[thirty-n-fat]

Thanks for the advice Michael.

 

I have CCA the account almost 12 months ago. Following this I have sent a SAR and then followed this up by asking sepcicifally for the agreement - they admitted that they do not have it.

 

Becuase of this, I am surprised that they are going down this route and dont know how to tackle this.

[InformedSearcher]

Thanks for the advice Michael.

 

I have CCA the account almost 12 months ago. Following this I have sent a SAR and then followed this up by asking sepcicifally for the agreement - they admitted that they do not have it.

 

Becuase of this, I am surprised that they are going down this route and dont know how to tackle this.

 

 

If it were me in this situation, hang on I AM in this situation too, then I just sit back. The DN will remain and as I stated you'll not get the DN removed and no CRA will do it either. If anyone can suggest a sure way to force these things to happen then I'm 'all ears'. If you're expecting an apology that too will be elusive. Their attitude is simple, 'We are right, you are wrong no matter what and we will continue to persue you (keeping just within the law) to wear you down because we can'.

 

Michael

[thirty-n-fat]

After months of standard letters with empty threats and also statements, I have today received a letter to say the debt is passed on to Metropolitan Debt Collection Agency and also reported me to 3x credit agencies.

 

Not only are they actively chasing payment despite admiting no cca agreement held, they are also adding interest and charges.

 

Is it worth the time and effort to send a letter re-enforcing the lack of cca or should I wait for the letter from Metropolitan?

[johnnymitch]

Hi TNF,

 

I would wait to hear from MCS ..(who , of course are HSBC's Collection Branch ) . Be prepared for bullying letters threatening everything but hanging drawing and quartering..........

 

The fact remains that this account is 'In Dispute' as no agreement has been produced . So they shouldn't have defaulted you to any CRAs ......

I would suggest reporting them to the OFT

http://www.oft.gov.uk/consumer-advice/oft-and-cd/

 

and the FOS....

 

http://www.financial-ombudsman.org.uk/faq/complain.html

 

 

Send copies of any reports to the 3 CRAs and tell them that this account was in dispute because of no agreement, therefore the data they hold on you is erroneous (enclose a copy of the letter from the bank admitting there is no CCA.).........these people are the limit .... they just take the Banks' word for it !

They will probably just put a note on your file until you can prove it's an error by the bank ... but may prevent you being penalised in the event of further credit applications ....

Edited June 16, 2010 by johnnymitch

[thirty-n-fat]

I received a letter from MCS on thursday, I dont have a scanner but the letter basically asks for payment in full within 7 days or I will face legal proceeding and further costs.

 

Do I go back to them with a CCA letter or can I point out that I already have proof the hsbc have admitted in writing that they have no agreement on file?

[thirty-n-fat]

Sorry to bump this, but its difficult not to take the letter seriously.

 

Should I send a cca + £1 to MCS and if so is that starting again from scratch?

[Old Cogger]

Send them account in dispute letter, enclosing a copy of cca request for ease of reference, they are just a usless bunch of liars, next probably DG Solicitors in the next cubical, if they do, send them solicitors letter, but keep it simple as they are muppetts and bigger liars. That is what I suggest??? Do Not Speak to them on the Phone, especially a chap who says his name is Udall.

ACCOUNT IN DISPUTE.doc

Edited June 26, 2010 by Old Cogger

[johnnymitch]

Hi TNF

 

I received a letter from MCS on thursday, I dont have a scanner but the letter basically asks for payment in full within 7 days or I will face legal proceeding and further costs.

 

If you look closely I'll bet it says "May face legal proceedings etc etc ........ " They're threatening again (as I told you they would) and without a legal agreement they haven't got a leg to stand on .....

 

Do I go back to them with a CCA letter or can I point out that I already have proof the hsbc have admitted in writing that they have no agreement on file?

 

I'd send them a copy of the letter HSBC sent you , and ask them what part of 'unenforceable ' don't they understand .....and you can follow Mike's advice too if you like ...... also say that the alleged debt should never have been passed to them as it's well and truly 'IN DISPUTE' and was when they got it ....... suggest they pass it back .... then just wait and see what other ingenious threats they come up with .......

 

One thing is sure ....... they're not going to court without an agreement ,and if they've got one , they've got to supply you with a copy of it ....

(incidentally , when you sign your letter , make it a distinctive signature , that you could recognise .....just in case it 'accidentally' pops up on a bodged agreement )...... ..... not that I'm suggesting for a minute of course ................perish the thought .....

Edited June 22, 2010 by johnnymitch