Hsbc Still No Cca Help

[yousef1973]

Hi

 

I have nt paid my HHSBC credit card now for about 5 months.

They used to call me once a fortnight, even offered to settle at 50% at one time. I have obviously received my default Notices and threats through post.

For some reason they have not rang me for over a month.

On 2nd September I requested a CCA from HSBC.

 

I got a letter through from them on Saturday.

 

as follows:

 

I am in receipt of your letter dated 1st September 2009 in which you submit a formal request for documentatio in accordance with section 78 of the consumer credit act 1974 made on the following legal basis:

The pre-action disclosure rule set out in r31.16 civil procedure rules 1999

 

I acnowlege your request and advice you that the HSBC Group aims to respond to such request in 15 working days from receipt by us of your letter.

 

 

WHAT DO YOU THINK IS THIS NORMAL, THEY HAVE SENT THIS LETTER OUT 10 DAYS LATER AND STILL NO CCA.

 

PLEASE ADVICE, IF I NEED TO PREPARE FOR SOMETHING.

 

THANKS

[cerberusalert]

They seem to think that you requested the CCA under CPR 31 rules rather than a normal CCA request. It doesn't matter, just wait for the copy of your agreement to arrive.

[yousef1973]

GOT AN ENVELOPE FROM HSBC TODAY, WITH THE FOLLOWING DOCUMENTS.

 

1..CREDIT CARD AGREEMENT....TOTALLY BLANK, SOMETHING THEY HAVE JUST PICKED UP FROM A FILING CABINET.

NO SIGNITURE, NO NAME, NO ADDRESS NOTHING..TOTALLY BLANK.

 

2.. STATEMENTS STATING WHAT I OWE.

 

3...TERMS AND CONDITIONS.

 

ALSO ATTACHED LETTER AS FOLLOWS:

 

Dear Mr xxxxx

 

Further to your letter dated 1/9/09, please find enclosed a copy documents as requested.

 

Section 78(1) of the consumer Credit Act 1974 requires us to provide ''...a copy of the executed agreement(if any)...''. Regulation 3 (2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 allows that certain items may be omitted from such copies, includingn the signiture box and signiture.

 

Therefore, the copy of the executed agreement we must supply is a copy but need not be a photocopy of the signed agreement. Regulations also requires us to provide a a copy of the executed agreement, as varied, where there is power to vary the terms of the agreement, which there is with your card agreement and that power has been excercised to vary the agreement, which again is the case with your card agreement.

 

We therefor enclose an upto date copy of the terms and conditions applicable to your account, (and)a copy of the latest variation notice issued in respect of your account and a blank copy of the agreement form. ***the agreement form contains the original terms and conditions that you accepted when you entered into the agreement. Clause...Gives the blank the right to vary the terms and conditions.*** The variation notice shows that the terms have been varied and therfore in accordance with this legislation the up to date terms and conditions are the appropriate information to produce.

 

In addition to this, please find enclosed a signed statement of account validating any debt outstanding.

 

Yours Sincerely

 

NOW AFTER READING ALL THAT, I AM REALLY CONFUSED, ARE THEY SAYING THEY ARE IN RIGHT AND BLANK CONTRACT HAS THE SAME POWER.

 

THEY DONT HAVE THE ORIGINAK CONTRACT AS I DONT REMEMBER SIGNING ONE, AS I TOOK THIS CARD NEARLY 20 YEARS AGO LATE EIGHTIES.

 

PLEASE SOMEONE ADVICE WHAT I SHOULD DO NEXT,

AS THESE DOCUMENTS ARRIVED AFTER 16 DAYS.

 

YESTERDAY 16/9/09 I SENT THEM A LETTER STATING MY ACCOUNT IS IN DEFAULT AS THE REQUESTED DOCUMENTS HAVE NOT BEEN RECEIVED.

 

PLEASE?????????/

Edited September 17, 2009 by yousef1973

[Pinky69]

Account In Dispute

 

Dear Sir/Madam

 

Thank you for your letter of (Date), the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On (Date) I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

 

You have failed to comply with my request, and as such the account entered default on (Date) (12+2 working days AFTER the CCA request was sent)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter, which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours

[blueotter]

Looks like a result,probably why they couldn't be bothered to chase anything although now the cat is out of the bag i'd expect them to step it up in an effort to get something back. Can't see what they can do though,certainly not enforceable .

[yousef1973]

Thanks for that, even though yesterday i sent them a standard letter stating they have not responded in time and the account is now in default.

 

I like the above letter plus in more details, so tomorrow that one is going out too recorded

 

ta

[yousef1973]

can someone please look at my thread about egg card too very similar arrived today, should i send them the same letter

[Iceman54]

I am in the same boat with HSBC and a blank agreement, although a lot further down the line with them.

 

No matter what you say they will insist that they have complied with the CCA ( even though they know they have not) they will then bounce you round their in house collection services, at some point when you are fed up of playing their games send them a final response............. they will then pass you onto various outside DCA's just keep all the letters and file them..........if you are bored send the "quite frankly I am bemused" letter and point out that you have already submitted your final response to HSBC.

 

Mine has been going on since August 2008 and I still get the odd letter politely asking for money

[yousef1973]

Cheers for that, i did notice from the letter they have nothing but claim the don't need anything...cheek..thanks

[Iceman54]

In my final response I did mention their "unique & imaginative" interpretetation of the CCA 74

 

I had also repeatedly asked them if they still held the original agreement and to confirm such in writing.............................funnily enough they never replied to that bit

[lee32uk]

I haven't paid HSBC anything since January 09.After I requested my agreement in January they first of all tried to fob me off with a 'blank agreement' after I had confirmed my identity of course Then when I told them it was not acceptable they then sent me a 'reconstituted agreement' after admitting in writing that they do not keep any documents prior to 2003.

My account was passed to Capquest who I think have got fed up as I am now being pestered by Metropolitan (HSBC) Collection serv.

 

If you have received a blank agreement then there is a good chance they dont have the original

 

For the record, my account goes back to 1998

[Iceman54]

and then they will throw in the heavies.............. DG solicitors.............. OH wow they actually share the same post code with metropolitan............... I am not sure that the matter is closed yet but is there a letter i can send asking them to "put up or shut up"?

[lee32uk]

DG are just HSBC in house monkeys. I would just ignore them and see what their next move is.HSBC seem very selective with responces to letters in my experience anyway.

 

There is some good info in my thread if you want a read

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/188794-hsbc-cca-non-compliance.html

[mikexlr8]

Not to highjack or anything but it there a link on the forums some where to what you have all described as a "final response" letter? Thanks.

[yousef1973]

hi

Hsbc Now Passed This Account To Dg Solicitors

 

They Are Telling Me I Must Take Action Or They Going To Apply For County Court Judgement

 

Hsbc Know This Account Is In Dispute, Yet They Have Passed This Onto Dg Solicitors.

 

Should I Do Anything Or Ignore It.

[yousef1973]

Hsbc Has Now Passed This Account To Allied International Uk Ltd.

I Have Received A Yellow Card Today, Stating Warning Call Mr Watson On 01412283008, Also They Are Harassing Me Over Phone.

 

They Are Threaing To Issue Court Summons.

 

Can Someone Please Advice If I Should Write To These Guys And If So Any Ideas Would Be Appreciated

 

Please Help

[yousef1973]

Not to highjack or anything but it there a link on the forums some where to what you have all described as a "final response" letter? Thanks.

 

HSBC HAS NOW PASSED THIS ACCOUNT TO ALLIED INTERNATIONAL UK LTD.

I HAVE RECEIVED A YELLOW CARD TODAY, STATING WARNING CALL MR WATSON ON 01412283008, ALSO THEY ARE HARASSING ME OVER PHONE.

 

THEY ARE THREAING TO ISSUE COURT SUMMONS.

 

CAN SOMEONE PLEASE ADVICE IF I SHOULD WRITE TO THESE GUYS AND IF SO ANY IDEAS WOULD BE APPRECIATED

 

PLEASE HELP

[cerberusalert]

When they write to you again send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[Iceman54]

All Standard procedure Yousef, if allied start harrasing you just ask them why they are bothering as HSBC have failed to comply with your lawful request under the CCA. HSBC are also breaking the regulations by passing on the account while in lawful dispute

[yousef1973]

This account has now been passed onto Capquest debt management.

Can someone help me , on advise about these people.

I spoke to them on phone, asking why my account is getting passed around as yet hsbc or other debt agenciesa have not provided what i asked for (cca), they are very rude, telling me they dont have to provide any information, as they are interested in money only. so I hung up.

I have received few letters from them, and most recent one telling me they are going to apply for a court order, where baliffs will take goods fom home etc, so to aavoid this get in contact.

Should I be worried???

Should I send them a request for a cca request to them?

Edited October 24, 2010 by yousef1973

[rhos123]

do not be worried about capquest, why send them a cca request and waste a £1, you are indeed on the dca merry go round.

[yousef1973]

Should i just ignore the litigation letter from cap quest,

[rhos123]

Should i just ignore the litigation letter from cap quest,

 

you MAY indeed ignore the litigation letter from capquest. i think you will find that the capquest litigation letter is printed in their legal department THE NEAREST TOILET IN THEIR OFFICE!