13 year old HSBC / Midland Bank Credit Card

[moptortoise]

Hi all, I was wondering if you could help me. I have had a credit card with HSBC originally Midland for 13 years. I have payed all other debts off but this one is proving hard work. I am sure over the years I have payed it off five times over at least! The amount owing on it currently stands at £5000. I have hunted high and llow for my original agreement and I can not find it... I have moved about 8 times since I got the card (originally i got it as part of a student account) and the agreement is now gone. Over the years I have had booklets sent to me stiplating new terms and conditions but, i haven't signed anything else.

 

Please could you advise me on whether I could perhaps go down this CCA route.

[rudy691]

thanks to Castlebest

 

 

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

[moptortoise]

Thanks for that.... I have a couple of questions to ask having gone trhough things a bit more thoroughly.

 

1. At present I am meeting the payments every month and I don't want to stop paying whilst I go through the process becasue I don't want to risk damaging my credit rating. Do you think this is possible?

 

 

2/ I think this is right. I need to send this letter? ...

 

 

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 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 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

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 postal order 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.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

Thanks in advane for the help

Jane

[moptortoise]

Hi, Please can some one just read through this and confirm I am doing the right thing as I would like to get it typed and ready for taking to the post officeon Monday.

Thanks

[Mr lex]

Thanks for that.... I have a couple of questions to ask having gone trhough things a bit more thoroughly.

 

1. At present I am meeting the payments every month and I don't want to stop paying whilst I go through the process becasue I don't want to risk damaging my credit rating. Do you think this is possible?

 

 

2/ I think this is right. I need to send this letter? ...

 

 

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 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 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

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 postal order 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.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

Thanks in advane for the help

Jane

 

 

It looks good to me Jane, I would remove the bit I have highlighted in red, don't give them a easy loop hole to hide in.

 

Lex

[moptortoise]

Many thanks Lex, and if it is your letter I pinched... many many thanks!

[HONESTKNOB]

Just something I noticed. You mentioned about not damaging your credit rating. I'm currently dealing with HSBC and they are masters at sending out blank application forms and anything else they can find to claim they have fulfilled their duties. Once you decided to stop paying them they will trash your credit file.

I've told them they wont receive any money off me until they provide a valid credit agreement, I haven't received a single letter, phone call or statement off them for over 4 months now but it's all shown on my credit file.

Just a word of warning.

[vint1954]

Moptortoise,

 

How are you getting on with this one.