HSBC Online Card- Is it Enforceable

[activist3]

Hello and Good Morning,

I have not missed any payments (yet!) on any of my credit cards but things are getting difficuky. I have got several credit cards and i am getting a bit stressed about it all. For example HSBC when i took out the card several years ago had a rate of 9.9, they have now put it up to 22.9! and i havent missed one payment or been over the limit since having it. In fact i am about half way through the limit.

 

Anyhow i have ordered the CCA for my 2 cards with HSBC and enclose the first one i have recieved back. It looks like an application form to me!

 

Any advice?

[activist3]

Not sure how to post picture bigger?

[cerberusalert]

Upload it to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting and copy & paste the URL back here.

[clemma]

Try uploading it to photobucket first - Image hosting, free photo sharing & video sharing at Photobucket

 

Or what Cerber said

[activist3]

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[activist3]

Upload it to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting and copy & paste the URL back here.

 

Thank you

[clemma]

Is that all they sent??

[cerberusalert]

It doesn't contain any of the 'Prescribed Terms' so would be deemed unenforceable.

[activist3]

Hello,

There was a covering letter with my credit limit, last stamement balance and last payment made and basically saying this is what they provide under section 78 etc. They also included screen prints of the last 10mths statements.

[activist3]

One thing i was interested about is the line above memorable word

"this application is for your use only"

[clemma]

In that case, I would say unenforceable too as that is just an application form. You can send them the following to put this into dispute:

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

RE: Agreement/Account number

 

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

 

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

 

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

Yours faithfully

[cerberusalert]

One thing i was interested about is the line above memorable word

"this application is for your use only"

It doesn't matter. An application is an application until it contains the prescribed terms such as credit limit, repayment terms, %APR etc.

[activist3]

Hello All,

I sent the dispute letter to them and got this reply. It was on 2 pages but all the 2nd page says is this is our final response and if your not happy got the ombudsman.

 

What shall i do now?

 

Edited July 31, 2009 by activist3

[cerberusalert]

Send the idiots this;

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken, it is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement.

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand/ court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

Print name do not sign

Edited July 31, 2009 by cerberusalert

[activist3]

Hi and thanks for the letter template. Should i send the other letter first- the one that is requesting action before court...the alternative to the CCA one? To make sure they send me an agreement if they have it?

 

Sorry i cant remember its name.

[cerberusalert]

Send the one in post #14 first, you can always send the other later if needs be.

[activist3]

Does it matter that they have not defaulted me or threatened court action or anything like that. I have only missed one payment,

[cerberusalert]

No it doesn't matter that you haven't received them, give them time they'll appear. At the moment you are challenging the enforceability of the agreement because it doesn't contain any of the prescribed terms required under CCA 1974. Without those terms within the four corners of the signed document the agreement cannot be legally enforced.