Worried about letter from HSBC

[bella_nik]

Credit agreement HSBC

Hi

 

Have never posted before so please correct me if i make any mistakes.

 

I have read alot of posts on here and followed advise. I requested my credit agreement and information from MBNA and HSBC. I have received all from MBNA and am making a settlement with them i am happy with. I received information from HSBC but no credit agreement. I then used the template letter and asked again. I recevied this letter yesterday in responce to that and I have looked on here but have seen nothing like it. Please would someone have a look at his and advise me on how to go forward?

 

Many many thanks in advance.

 

 

 

FROM HSBC

 

I refer to my previous correspondence dated 19th June 2009 concerning your request that we provide you with an original signed agreement for the above account. We have complied with the requirements of section 78 of the Consumer Credit Act. In particular, we have supplied copies compliant with regulation 3(2)(b) of the Consumer Credit Regulations 1983.

 

Furthermore, there is no duty under the Act obliging a creditor to provide further copies of copy agreements or notices already supplied under sections 61,62,63 and 64 of the Act: `these copies and notices are required to be provided to the customer when the agreement was made and this was done at the time. If it is your clients assertion that we did not comply with these sections at the time the agreement was made, we will be obliged to put your client to strict proof.

 

Whilst I understand this may not be the response your were hoping to receive, I trust I have now clarified the bank’s final position on this matter.

[bambinaia]

I know this is not helpful but I've just had the same response to my CCA request.

 

I too would also be grateful to know the answer to this one.

[johnnymitch]

This is a new one on me, - but I suspect it's another smoke screen devised to put you off .......

 

IMHO, what you are asking for is a copy of your agreement to which you are entitled under CCA 1974 sections 77/78. What they are required to supply under this is :

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/139373-consumer-credit-act-1974-a.html#post1482877

 

This is Maroondevo's post on this matter and I believe it still holds good . You weren't asking about other sections of the Act .

 

However, if they are going to play silly beggars , it may be time to invoke CPRs (on the grounds that you may have to be ready for any court action which you or they might pursue in the future ) .

 

PT 2537's thread on this is on this link :

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html#post1868913

 

If anyone else has input on this , please feel free to comment - I would appreciate a second opinion .....

[bella_nik]

Thanks for the advice, will look at the links and let you know what happens.

 

[johnnymitch]

You're welcome bella nik ,

 

Don't hesitate to come back if you need more info ....... you'll always get an answer on here - and we're user-friendly

[bella_nik]

Hi Again.

 

I sent the letter you provided to which they responded with the general no signature letter again. I then received a letter from DG Solicitors (which I think is a part of HSBC but not sure) telling me the account has been passed on. I responded with the letters provided on this web site to both HSBC and DG.

 

From DG I have recieved the signature letter again and from HSBC I recived a quick covering letter refering me to the attached photo copy of the letter as Quoted in the post above stating that the case to them is closed!!

 

Am now at a loss...please help!!

 

I have also since lost my partner..left not died...and really need to close this. Should i just give up and make a payment plan but would take about 10yrs to pay off.

[johnnymitch]

Hi bella nik ,

 

Yes , you are right .... DG are HSBC's 'In-House' solicitors....

 

They seem to be saying that they sent you a copies of the agreements you requested (way back in #1 ,when you first posted ... ). What did they actually send you ..... was it a full agreement with terms & Conditions ., with your name and address on it .... maybe with signatures missing (which they are allowed to do)........If it wasn't an agreement specific to you i.e. a blank 'this is what you would have signed ' form .... then they have not complied with their responsibilities under the Act .

 

I would say , don't give up just yet ..... be sure that there is no other way before you go down that road .... it's a long one as you say .....

 

Can you clarify this please - and we can decide which way to move from there

[bella_nik]

Thank you JohnnyMitch

 

They did not send me a credit agreement or any thing in its place. They sent me my account information which consisted of yards of computer paper.

 

They are telling me that I must have seen it at the time and it is not their company policy to produce it again.

[lee32uk]

It seems strange that they have been corresponding with you via letters, but they are now questioning your identity by way of a missing signature

 

They are definately on the back foot.I had exactly the same sort of nonsence from them.I persevered with it, and eventually with the help of people like Johnny and Pete(Castlebest) managed to get it out of them that they didn't hold an agreement All they could manage was a reconstituted jobbie which doesn't mean a thing.

 

I would write back and give them the signature that they are requesting, BUT sign your name over the anti-tamper pic below. Just copy and paste the pic into the bottom of your letter and sign over it

[bella_nik]

Thank you lee32uk I will do that now.

 

What happened with your case in the end?

[lee32uk]

Hi bella

 

Im still at war with them :grin:

 

They know that they don't have a cat in hells chance.

 

They don't have an agreement so it's game over for them. They also sent me a defective default notice, as they had already terminated my agreement. They are supposed to default first, and then terminate.

 

They are still passing my account from DCA to DCA, and my last letter to them was to ask them to remove the default they had registered, or i would start court proceedings.

 

I await their reply with baited breath :grin:

[bella_nik]

I am amazed that they cannot get there stuff in order and provide these.

 

All the money and expertise they are suppose to have and they can not do it properly. They deserve to end up with nothing.

[lee32uk]

They try to throw a smokescreen over everything and make it as difficult as they can for you in the hope that you will give in.

If they admitted from day one that they don't keep agreements prior to a certain date then it would leave them wide open for 'x' number of claims.That is why they never admit they are guilty and always use phrases such as 'a gesture of goodwill' etc.

If you keep at them long enough, and show them that you are determined and won't be brushed aside, eventually you will get a result.

 

good luck and keep at them

 

Lee

[desigaand]

refuse to pay them they cant enforce the debt in court.tell them that.

[johnnymitch]

Great advice there from lee , bellanik:)

 

If you follow the road that lee took , you should be able to back them into a corner to admit they have no agreement .

 

Thay cannot refuse to produce what you are asking for - it's not up to them to say 'it's not our company policy to do this' ...... it's the law! If they refuse to deal with you and have said this is 'their final answer'..... they should have given you instructions on how to complain to the Financial Ombudsman ...... or the Information Commisioner's Office ..

 

Information Commissioner's Office - ICO

 

our complaints procedure and how to complain

 

But maybe just a further letter pointing out to them that :

 

CCA Call-up letter

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

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

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

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

I am sure you also understand that under the Consumer Credit Act 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 Information Commissioner’s Office .

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) "

[bella_nik]

Thank you Johnnymitch I will send this to them and post their response.

 

Thanks again all for your help.

 

[lee32uk]

And if they write back saying they are going to send you a 'reconstituted agreement' then you can do a little dance round your front room :grin: They won't take you to Court on the strength of this as they know they are on a loser!!!!

[bella_nik]

Thanks again,

 

I shall get my dancing shoes ready!