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Default notices With HSBC are they CCA regulated???


bh2362
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Hi Everyone,

 

I need some advise on overdraft Defaults in fact I have 3 of them

 

2 from HSBC

1 from FIRST Direct

 

so three in total.

 

The problem I had was due to me being out of work I could not pay them i struck a deal in the begining to pay back so much a month, but after a while they all defaulted.

 

I know the drill when it comes to The Credit consumer act when it comes to requesting the copy of the original agreement and then challenge etc.

 

But What happens with Overdrafts??????

Am I right in thinking this is a different ball Game????

How can I get these removed????

 

I need some advice on this. the amounts are

1500

257

and

600

i would like not to pay them at all or only part of them.....

 

help please Im ready to go on these....

 

thanks

 

BH

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Hi BH , not very good news I'm afraid ...

 

The overdrafts are ,as you say , a completely different ball game - they are not governed by the CCA .

 

Basically , unless you can find some 'unlawful' charges amongst your overdrafts that you can set about re-claiming ...which would put your accounts 'in dispute' there's not a lot you can do .

 

Unless you try making them an offer of what you can afford , to chip away at the O/Ds .

 

Maybe someone else can come up with further suggestions , so keep your eye on your thread ... :)

And of course , come back and ask if you've any further queries .... :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi Johhny thanks for the reply,

I am new to this unfiar charges claims that are going on how does it work, what is considered unlawful???

 

also interestingly hsbc replied back to my SAR request and retured the £10 i was hoping the envelope would contain the original agreement, and the default notice, but there was nothing.

just a bundle of bank statments, so they have failed to forfill the SAR request.

 

What now.

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Right BH, :-)

 

The fact that they have returned your Tenner does not absolve them from having to comply fully with the SAR ... i.e. they must produce everything they hold on you for however many accounts / agreements , virtually , anything with your name on it ..

 

They have not complied with this so I would send them a letter telloing them so. One of the letters on this link should do it .. just list what you think they have not sent you ...

 

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

 

Be sure to point out that sending back your money does not absolve them from having to provide this information -and still within the original 40 Day limit

 

On your first question , these links will give you the type of charges which are re-claimable

 

Charges description on statements (i.e.what you can claim for

 

http://consumeractiongroup.co.uk/forum/hsbc-bank/15518-charges-description-statements-please.html

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/209527-what-hsbc-charges-claimable.html#post2292405

 

If you read up on the FAQs on here while you're waitingfor your SAR stuff ...... it will tell you how to proceed with a claim ... but by all means come back and ask if you're in any doubt . :-)

  • Haha 2

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Happy to Help BH ...... thanks for the tip !:)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Bump....................

 

Just recieved a letter from HSBC asking that i provide evidence of signature in order for them to comply with the SAR request......

Ive heard this somewhere before..

 

What do i do now???

another letter.

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Hi Bh .... this is par for the course these days - a time wasting ploy to get you to drop it .......

 

There are three ways you can address this :

 

1. Give them a signature which is slightly different from your normal , so that if it turned up on another document besides your letter , you could identify it.

 

2. send them the following letter :

You could edit this to suit or await until they fall in default of the 40 days for your request....

 

Dear Sirs

Re Subject Access Request made under the Data Protection Act

Thank you for your letter dated xx/xx/2007 the contents of which are noted.

In your letter you make reference to requiring my signed authorisation before you comply.

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However, please note that, to date, you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask - if you are concerned that you are corresponding with the correct person why has it taken so long to raise this.?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data

 

My subject access request was made on xx/xx/xxxx and the 40 days for your compliance expire on xx/xx/xxxx. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity

 

I look forward to receiving the documentation requested

 

Regards

 

OR

 

3. You can use the anti-tamper signature block shown on here :

http://www.consumeractiongroup.co.uk/digitalsignature.php

Edited by johnnymitch

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Just a thought , BH - you could also point out to them that they sent your statements and your tenner back without a signature -- what has changed ? :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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