HSBC Credit Card

[rudy691]

hi guys. im new here and cant understand all those procedures...i think ive read too many...

 

here's the deal:

 

i have a credit card with HSBC (Mastercard). there is about 1250 quid on it with the 1300 limit. im in kind of difficult situation right now because my wife is 8 months pregnant and we're struggling a bit now. so i wanted to check if i can have this debt written off... credit card was taken in July 2006. the other thing is that they have raised my credit limit without agreeing that with me. at first i had 750, but now its 1300...

 

so, will somebody be king enough to explain me how to get that debt written off ? this would mean a lot to me and my wife.

 

Thanks

Edited October 13, 2009 by rudy691

[Castlebest]

Hiya rudy691 and welcome to the HSBC forum .

 

Much has been written about getting credit debt written off because of legal loopholes and yes it is possible under certain circumstances.

 

I think the general feeling is the banks deserve it because they have been and still are being such idiots but morally you have had this money and spent it so you should really pay it back even if its at a much reduced rate and on your terms not the banks.

 

So on that basis you need to send off a Consumer Credit Act section 78 letter, its letter "N" in this thread, suitably edited to your own circumstances.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

see what they send back, post it up here and one of us will have a look

 

pete

[rudy691]

ok, thanks. i'll do it straight away ! thanks fot the fast answer.

[rudy691]

does anybody know to who in HSBC and what address am i supposed to send that request ? also that postal order supposed to be payed to what name ? thanks

[Hugh Jeffort]

Hi Rudy,

 

The common address seems to be......

 

HSBC BANK PLC

8 CANADA SQUARE

LONDON

E14 5HQ

 

There are others too, a quick search for HSBC address in the search would help if you dont like this one!

 

As for the postal order, I left mine with no name on it and they sent me some completely inadequate useless CCA, so I would leave that part blank (If anyone knows better please do not hesitate to correct me)

 

Good luck, and be prepared for a lengthy battle!!

[pinkduchess]

****HSBC Contact Information ****

 

as hugh jeffort says leave the postal order blank. they may send it back anyway as they have returned cheques in the past...that way you can just cash it

[johnnymitch]

Hi Rudy , welcome to the forum

 

To save Canada Square from having to forward it on I would send it direct to :

 

UK Data Protection Compliance

HSBC Bank plc

Griffin House

4-01, 41 Silver Street Head

Sheffield

S1 3GG

__________________

 

Oops ! sorry PD - I've just noticed your link

Edited July 30, 2009 by johnnymitch
Grovelling apology ....... lol

[pinkduchess]

*slap*

[johnnymitch]

Thank you ....

[rudy691]

thx guys. letter sent today. we'll see what will I get.

[rudy691]

still no answer from them...

[johnnymitch]

Time to send the call-up then rudy ...

 

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 Credit Card 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 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) "

[rudy691]

its not been 12 working days yet i'll a couple more days. letter was delivered on the 6th of August and signed by somebody called Griffin. Ive send them a message through online banking that i will send a call-up letter in the next few days. Thx

Edited August 15, 2009 by rudy691

[rudy691]

hi. ive send a message through the online banking. ive included the cca request text in full:

 

Dear Sir/Madam

 

Re: Account Number: ----------------------

 

This letter is a formal request pursuant to s.78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

 

Yours faithfully

 

 

i wrote that i will send them the call-up letter soon. they've replied to my message, here's what i got:

 

"Thank you for your e-mail dated 16 August regarding the copy of the original agreement form.

 

If you wish us to provide you with the original copy of the signed Terms and Conditions then please write to the following address:

 

HSBC Bank plc

Chartwell House

365 Chartwell Square

Southend-on-Sea

Essex

SS99 2UU

 

However, if it is related with transaction disputes then please mark the envelope as 'For the attention of Transaction Queries'.

 

The External fax number is 01702 363182.

 

I notice your card account is currently being dealt with by our Cardholder Management Team.

 

For further queries, please call them on 08456 077 088 from UK or on (44) 1702 576 826 when calling from abroad. They are open from Mon - Fri 08:30- 21:00 and, Sat 09:00 - 13:00(UK time). They will be able to advise you.

 

 

Kind regards

 

Supratik Sarkar

Customer Service Team

HSBC Card Services"

 

what do you think ?

[johnnymitch]

This is all done to confuse you IMHO, rudy - it's a pillar-to-post shuffle hoping you'll give up and go away ....

 

I would send the call-up to the original address (Data Protection Team ) wtih a covering letter saying that it is for them to contact any dept of theirs which is responsible ..... it is for them to produce the info you require, and that failure to comply within the next (?) days will result in a report to the Information Commissioner .

[rudy691]

thx johnny

 

my wife just phoned me up that some letter from bank came in. i'll see what it is as soon as i finish work...

[rudy691]

that was only the credit card statement...should I wait bit more or just send that call-up letter now ? my cca request was delivered on the 6th of August.

[Castlebest]

the 12+2 days are up on Thursday rudy so send them a letter then

 

pete

[rudy691]

Isnt it a bit strange that they didnt send me anything at all ? Not even a blank form ? What is the waiting time after that call-up letter ? Thx

Edited August 19, 2009 by rudy691

[rudy691]

letters ready to be sent tomorrow

 

- call-up letter:

 

CCA Call-up letter

 

Re: letter sent on 5/08/2009 (delivered on 6/08/2009)

 

I am disappointed that you have failed to respond to my request for a copy of my Credit Card 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. There is also a copy of post office receipt to prove that letter was sent.

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 Office of Fair Trading.

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)

 

Yours faithfully

 

[rudy691]

i have also add letter about my recent contact with cust service through online banking here it is:

 

I have recently contacted your customer service through online banking regarding my CCA request. Here’s the reply:

"Thank you for your e-mail dated 16 August regarding the copy of the original agreement form.

 

If you wish us to provide you with the original copy of the signed Terms and Conditions then please write to the following address:

 

HSBC Bank plc

Chartwell House

365 Chartwell Square

Southend-on-Sea

Essex

SS99 2UU

 

However, if it is related with transaction disputes then please mark the envelope as 'For the attention of Transaction Queries'.

 

The External fax number is 01702 363182.

 

I notice your card account is currently being dealt with by our Cardholder Management Team.

 

For further queries, please call them on 08456 077 088 from UK or on (44) 1702 576 826 when calling from abroad. They are open from Mon - Fri 08:30- 21:00 and, Sat 09:00 - 13:00(UK time). They will be able to advise you.

 

 

Kind regards

 

Supratik Sarkar

Customer Service Team

HSBC Card Services”

--------------------------------------------------------------------------------------------------------------------------------------

I want to inform you that it is for you to contact any department of yours which is responsible, it is for you to provide info I require and failure to comply will result in a report to the Information Commissioner.

Regards,

 

 

 

 

 

 

so can somebody tell me what is the waiting time now ? thx

[Castlebest]

The time periods dont alter, you have submitted a legaly binding document to the bank so in the case of a Data Protection Act SAR they have 40 days to comply from your SAR and in the case of a Consumer Credit Act s78 letter they have 12+2 days to comply from the date of your letter.

 

pete

[rudy691]

letters sent first class recorded now

 

so if they don't comply now, whats the next step ?

[johnnymitch]

Hi rudy

 

This one for a cca:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

and one of these for a SAR ..... depending on circumstances :

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-

[rudy691]

thx johnnymitch reliable as always !

 

so should i give them some time after call-up letter thats been send today ? or just send "account in dispute" straight away now ?