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CCA request ignored


allan48
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Dear all

 

reply from HSBC VISA

 

dear XXX

 

I write to acknowledge your recent request for information relating to sections 77/78 of the consumer credit act 1974

unfortunately, you have omitted to sign your letter. May i ask you please to submit fresh instructions ensuring your letter is signed. The bank policy is to establish the identity of the customer via a signature that it can be compared with any other document (eg application) that we may hold. i apologise for the inconvenience this may cause you.

i have enclosed your payment as the bank is happy to waive any fees for the production of this information

yours sincerely

 

xxx

 

any thoughts?

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Surely they've sent the front copy of the agreement without asking for your signature allan?

 

Maybe you could point this out to them , and ask why, if they weren't sure it was you, they sent the copy of the agreement - minus the terms and conditions , which you still require .

 

Also point out that the fact they have returned your payment does not absolve them from having to produce the documents which you require i.e. (list what you think is missing).

 

If you sign it make sure there's a difference which you could identify in your signature.... e.g. a dot somewhere , or a little squiggle .. just in case it appears somewhere else in future...... not that I'm suggesting for a minute that they would 'lift it' ...... perish the thought ! :rolleyes:

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.

 

 

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oops ! :oops: sorry allan .... not unusual for me to get the wrong end of the stick ....LOL !

 

I think the same applies though .... just two different destinations ..

 

ask Northern Rock for your T & C s

 

tell HSBC that returning your money doesn't absolve them from having to produce , and that lack of a signature is not a reason for witholding the info .... they seem to be quite sure who they're writing to ... :rolleyes:

 

But give them the special siggy if you like , and tell them the clock is ticking for their compliance ..

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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  • 2 weeks later...

Hi Allan,

 

I'm in a similar situation with HSBC (with a separate topic on this forum) and it sounds like they have a set code for all CCA requests!

 

They also sent me the letter about the signature, but I replied to them with a brilliant template on here explaining why they don't need my signature. They ignored that back in July and have still failed to send a single thing!

 

Just today sent an account in dispute letter, which should hopefully get a response (or hopefully not?!).

 

I also have a little tip if they start to call you a dozen times at all hours of the day. If you have internet banking, change your phone number on your account page to a mobile phone. That way, you can bar their number from your phone and have peace and quiet all day!

 

Good luck Allan and all the best!

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  • 2 weeks later...

IMHO, these are the 'bog-standard' T&C s allan - I can't see anything wrong with them ..... :) (or should that be a :() .....LOL!

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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Hi yousef , welcome to the forum :)

 

If your CCA has got nothing on it .... then it's not yours ! It's a blank form which means absolutely nothing ......

 

I would send them a letter (recorded delivery) something like :

 

CCA Call-up letter

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

I am disappointed that you have failed to respond positively to my request for a copy of my Loan agreement to which I am entitled under the Consumer Credit Act 1974 (Sections 77−79).

As you must be aware , a blank form with no name , address , or other distinguishing data is not acceptable under the terms of the Consumer Credit Act .(CCA).

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

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

I am sure you also understand that under the CCA ,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

 

You could add :

"PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) "

 

If you need further help yousef , just come back and ask :)... but could I ask you to start your own thread please (using the 'NEW THREAD' button at the top or bottom left of the forum page )...... that way you get advice which is directly applicable to you and is not mixed up with other posters .... Thanks :D

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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