Riazzi G vs DG Solicitors(HSBC)

[RIAZZIG]

Hi guys,

 

Sent a CCA request on 15th July to DG Solicitors. Shortly after I received a letter saying that they are basically looking for it.

 

On the 5th August when the time limit expired I sent a Account in dispute letter...

 

They responded with the attached letter

 

Do I need to respond?

 

Thanks for any help in advance

DG Letter.pdf

[42man]

Well they can say what they like, but the Consumer Credit Act carries a bit more weight than what HSBC's in house solicitors say -

 

Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements

 

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement

[RIAZZIG]

do you think I should respond?!

 

I'm very confused. I've said its in dispute, they have said "no, its on hold" - whats the difference??

 

Do I respond and say "NO! its in dispute?!

[42man]

They won't see it as a dispute....but it clearly is. Wait until they respond...did HSBC ever send you a default notice ?

[RIAZZIG]

They won't see it as a dispute....but it clearly is. Wait until they respond...did HSBC ever send you a default notice ?

 

Honest answer is I dont know. They may have, but I probabaly binned it. was never very organised in my youth.

 

There is a default against it, so they must have? SAR?

[42man]

Sar ? Yes.....

[42man]

Use number 11 here - The Consumer Forums - Debt collectors

 

Unfortunately it costs £10 (send postal orders) and send recorded / guaranteed, they have to comply within 40 calendar days....it may well reveal some excessive charges on your account/accounts too...

[RIAZZIG]

Okay, thanks!

[RIAZZIG]

well well,

 

look what dropped through the door...

 

credit agreement from HSBC.

 

Can someone have a look and see if everythings in order?

HSBC Credit agreement.pdf

[RIAZZIG]

the next payment on this account is due in the next week or so...

 

Just wondering If I can get anyone's opinion on the credit agreement I posted above??!