HSBC Gold Card CCA

[activist3]

HI all,

I have just recieved this back from HSBC after requesting copy of agreement. Can someone look over it for me.

 

Thanks

[activist3]

[activist3]

[activist3]

[PGH7447]

yep a nice blank application for - useless

[activist3]

yep a nice blank application for - useless

 

Yeah.....they also included copy of terms and conditions!

 

Is my next step to do a SAR to get anything else?

[activist3]

This letter they sent me (post 2) basically says they dont have to send you a signed executed copy??

[PGH7447]

yes all these firms are using this arguament at the moment, they seem to think it absolves them from their responsibilities

 

you could sar them and see what charges if any they have applied, also did you take out ppi?

[activist3]

yes all these firms are using this arguament at the moment, they seem to think it absolves them from their responsibilities

 

you could sar them and see what charges if any they have applied, also did you take out ppi?

 

Thanks for the reply. I didnt take PPI out and i dont believe i have ever been charged any fee/charges only the standard interest. The card is currently up to date.

 

Can i do one SAR for everything with the HSBC Group?

[PGH7447]

dont see why not, but you would have to specify the account numbers you are interested in

[activist3]

dont see why not, but you would have to specify the account numbers you are interested in

 

Could i not just put any/all credit cards/loans/bank accounts you have recorded for me?

[PGH7447]

you could but it is better to advise them what you want that way they do not have any leeway to withold info

[activist3]

Thanks for your help.

I have sent the dispute letter know saying that until i get a copy of agreement it is in dispute.

 

Are they allowed to report non-payment to CRA now?

[PGH7447]

they will anyway

[sythe]

Hi

I received the following info. directly from the FOS, thought you might find it of interest :

"Whilst I have not investigated your complaint in relation to you not believing the debt is enforceable without a signed copy of the credit agreement, this is not a matter which we would generally make a decision on. This is something which would need to be dealt with at court. The only resolution I can provide is for the RBS to bring the debt back in house, and for you to make payments as agreed with them, so the debt will not be passed to debt collection agencies. If you do not want to do this, and want to pursue the line of enquiry in regards to the consumer credit act, then you are entitled to do so.

 

If RBS cannot provide the signed credit agreement, this does not mean it cannot pursue the debt, or pass it on to debt collection agencies. It means you can argue the debt is unenforceable in court, if RBS decide to pursue your debt in court."

my reply :

"thank you for your reply, please note that the reason for my request for a copy of the original agreement is that I wish to question PPI and interest that was added at the time that the account went into default. I do realise that this matter will have to be settled in court and until I have the documents requested it is not possible for anyone to determine the next step. In the absence of the documents that I am rightly entitled to, the account remains in dispute and as a result I am not required to enter into any payment agreement with RBS. I hope that I have made my position clear.

 

There is clearly a separate issue, that being RBS using debt collection agencies to intimidate me into making an arrangement to pay an account that is clearly in dispute. I will continue to address that matter as it presents.

[PGH7447]

good for you karenruth

[activist3]

What do you think the bank would say if i said the following.

 

Look you dont have a credit agreement so if you want we can go all the way to court and there is nothing you can do. Or you can stop adding interest to this card and will make an agreed payment every month to address the balance.

 

My biggest issue with them is the fact that i have never missed a payment and they have put my interest rate up from 9.9 to 21.9%

This is what makes me angry about banks, they move the goalposts all the time. I dont actually mind paying back the money i rightfully borrowed but i think it is unfair of them to change terms like this

Edited July 20, 2009 by activist3
extra spacing

[sythe]

Hi again..............I am in a fairly similar situation and I most certainly will not pay anything towards a debt that has/or is having any amounts added to it after the date of default. I'll argue this point with my last breath as I believe it is immoral, unjust and if it isn't unlawful it damded well should be.............

[activist3]

Hi again..............I am in a fairly similar situation and I most certainly will not pay anything towards a debt that has/or is having any amounts added to it after the date of default. I'll argue this point with my last breath as I believe it is immoral, unjust and if it isn't unlawful it damded well should be.............

 

Hi,

Mine hasnt defaulted yet, i have never missed a payment but i am going to soon so i am trying to take pre-emptive action!

[sythe]

Hi

 

in my case, as soon a I realised I couldn't make the payments, I wrote to RBS, explaining my situation and making an offer to make reduced payments. RBS then defaulted the account, ignored my letter, passed the account to a DCA who continued adding interest. That is what I'm complaining about and why I haven'y paid a penny to them since.

 

........but I would say that you should complain about the interest they are adding to your account in any event. Surely will you are going through that process your account would be in dispute, meaning that you are not required to pay until the matter is resolved..............might be worthwhile contacing the FOS. When did you first complain?

[activist3]

Hi

 

in my case, as soon a I realised I couldn't make the payments, I wrote to RBS, explaining my situation and making an offer to make reduced payments. RBS then defaulted the account, ignored my letter, passed the account to a DCA who continued adding interest. That is what I'm complaining about and why I haven'y paid a penny to them since.

 

........but I would say that you should complain about the interest they are adding to your account in any event. Surely will you are going through that process your account would be in dispute, meaning that you are not required to pay until the matter is resolved..............might be worthwhile contacing the FOS. When did you first complain?

 

I can afford to make payments but not the £150 per month they are asking. I can probably pay half and with the interest frozen that would bring the balance down. I havent requested interest freeze or reduced payments yet. I didnt particularly want a default as my mortgage fixed rate ends in 12mths but it looks like it will be inevitable

[sythe]

I can afford to make payments but not the £150 per month they are asking. I can probably pay half and with the interest frozen that would bring the balance down. I havent requested interest freeze or reduced payments yet. I didnt particularly want a default as my mortgage fixed rate ends in 12mths but it looks like it will be inevitable

 

OK............so you could write to them, making an offer to pay what you can if they will agree to freeze all further interest. They will probably default you, but it is probably the least troublesome of all possible outcomes...........perhaps some other CAGGERS can give you other possible options.............krj8:rolleyes:

[activist3]

Anybody else got any options???

[activist3]

Hello All,

Just to bring you up to date with this situation. I never received a copy of the original agreement and i know they dont have one because i took out the card when i was a member of staff and never filled anything in. I have since gone to cccs and paid reduced payments to this card which they agreed with. Hoever they have just stopped the agreement for no reason, returned interest rate to 21.9% and issued a default notice.

Any idea what what letter i should send now as i was under the impression they cant default if they cant send me a copy of the original agreement?