HSBC Credit Card

[rudy691]

shameless bump

[rudy691]

bump for greater justice

[vint1954]

Not sure what you need to know Rudy. They are just informing you that they have requested the information that you have asked for and will issue it to you when they have it.

[rudy691]

i was just curious why they say that that they're not in the position to provide me with that. if my account was moved to them - they should have all the documentation.

[vint1954]

Ahh, thats probably because HSBC don't have it. As I have said, Metropolitan are HSBC, they are just trying to make out they are different.

 

I think that you are looking at it in a logical way, when Creditors are not logical. The law says they must keep the agreement, and provide you with a substantive copy. They should then have that agreement when they want to enforce it.

 

In their wisdom, they coppied all of the agreements, then threw them away. They now expect the establishment to cover their backsides when things go wrong. Guess what, they do.

 

They will keep hounding you until they decide to give up or take you to court.

 

Imagine how many people do not have a clue about CCA law and just give in. I doubt if 1% of people in financial dificulties belongs to a forum like this one.

[rudy691]

my missus just send me a text that Metro send another letter with something that was supposed to be a copy of the agreement, but it's not

 

from what i missus said, its the same thing like HSBC have send her before as an agreement:

http://www.consumeractiongroup.co.uk/forum/show-post/post-2655730.html

 

its a credit card request form with her details filled in (obviously by HSBC ) with no signature

[vint1954]

Yes rudy, that request form is total rubbish, even for an s78 request. The problem they have is that they destroyed most of their agreements as a matter of routine, especially if they were ex Midland accounts.

[rudy691]

so this package from Metro was rather big they've made a better effort than HSBC itself did this what they've send:

 

 

 

 

 

on top of that they've send:

 

- statements since May 2007

- credit card agreement terms from 2005 (pages not numbered, no siggy)

- important changes to credit agreement from 2008

- t&c from 2009

 

no signature anywhere. that credit request form was freshly filled in with a pen, ther even was a mistake in my missus first name they've put the old address there too.

 

what would be my next step ?

 

thanks in advance.

[vint1954]

They don't have to provide a signature, but it has to be a true copy of the agreement that you signed, not just a blank form filled in by someone else, unless this is what the agreement that you signed looked like.

 

There would have been no room for the PT's on this document.

[rudy691]

PT's ?

[johnnymitch]

Payment Terms Rudy ..........

[vint1954]

Or any of the prescribed terms

[rudy691]

my missus received another Final Demand letter from Metro today...what to do now ?

[johnnymitch]

Tell 'em to provide the documentation you require and point out that until then this account is well and truly 'In Dispute '....read my previous advice rudy , it still holds good ....... they can't take your missus to court without an agreement .......

[rudy691]

hi

 

they have again send the same thing like they did in post 133

 

i dont think they know what to do

[vint1954]

Hi rudy, no they don't. It is incredible how stupid they can be.

 

You need to go back to them, stating that the documents supplied bear no resemblance to any initial agreement, therefore this can not be a true copy. Ask them if they are genuinely confused or deliberately trying to mislead.

 

Agree with them that they can reconstruct, but that it must be reconstructed from the original agreement, so that there is no doubt as to the content of any agreement.

[mickthespur]

Hi Rudy

 

Have been following your posts from the start and I will be doing the same in the near future, can you update as to what is your postion now

 

Many thanks

[rudy691]

hi mickthespur - sorry i didnt reply earlier.

 

still nothing serious from them, received another "final" deman letter (it must 3rd or 4th now) today.

[rudy691]

had a surprise letter from Metro today

 

had nothing from them for a couple of weeks, despite that Final Demand that I've received last week

 

anyway, here it is:

 

 

 

 

they've also send me credit card t&c's from, what it looks like, time when I took the card, current cc t&c's and "changes to the cc t&c's" - all scans, no leaflets. also on that "agreement" they've put my address from 4 years ago.

 

can somebody take a look at this and share some advice ?

 

Thanks in advance

[rudy691]

bump

[vint1954]

Hi Rudy,

 

It will probably surfice for s78, but unless it has your signature on it, not good enough for court.

[johnnymitch]

Vint is right Rudi , .... if it's 'reconstituted' , which they say it is in their letter , then it won't have your signature on it ......in which case it's OK for it to be able to demonstrate to you 'what you(maybe) would have signed' .....but no use for court.............

[rudy691]

so what is my next step now guys ? should I keep replying that its not good enough ?

 

thx

[rudy691]

received a letter from DG Solicitors today !

 

whats my next step guys ? im starting to worry about this...

[rudy691]

received a letter from DG Solicitors today !

 

whats my next step guys ? im starting to worry about this...

 

copy of that letter