HSBC - Agreement and Default Notice

[bilious]

Lol just received the very same letter!! They didn't even wait till the 26th bless em! Do i need to put em up for a look? And do all my letters go to the same address for hsbc albeit the different departments, any template letters i can dl to modify? Sorry didn't read yours fully.. great help... And that figures why mbna have been okay with me as i'd been off work with illness, so they'll most probs turn nasty soon then?

Edited April 21, 2010 by bilious

[brooooooooooce]

Lol just received the very same letter!! They didn't even wait till the 26th bless em! Do i need to put em up for a look? And do all my letters go to the same address for hsbc albeit the different departments, any template letters i can dl to modify? Sorry didn't read yours fully.. great help...

 

You've already put up the DN and final demand, yes? I wouldn't bother putting this latest letter on - its BS. I've sent everything to the Southend-on-Sea address.

[bilious]

Great stuff! Used to panic big time when these came through but the more i read it's a case of go on then i can only pay what i can afford through the courts etc.....Anyway, do i just do a search of the template letters for all of these letters i'm going to send?

Edited April 21, 2010 by bilious

[brooooooooooce]

Great stuff! Used to panic big time when these came through but the more i read it's a case of go on then i can only pay what i can afford through the courts etc.....Anyway, do i just do a search of the template letters for all of these letters i'm going to send?

 

This is what I sent to HSBC for the unlawful repudiation:

 

Dear Sir

RE: Credit Card Number xxxxxxxxxxxxxxx - Account in Dispute

 

I refer to your letter of the xx xxxxx 2010.

 

Your letter is a clear intention not to perform under the agreement as you have asked for full repayment of all sums outstanding. This is an unlawful repudiation on your part. I therefore accept your repudiation and am now relieved of any obligations that existed under the agreement. For clarification I refer you to Sections 87 and 88 of the CCA 1974.

 

Kindly advise me of the amount of arrears that were genuinely outstanding at the time of your unlawful termination, against which I may have a counterclaim for damages.

 

I trust that this is satisfactory but if you require anything further please do not hesitate to contact me.

 

Yours faithfully

 

 

 

 

This is what I sent for a copy of my CCA:

 

 

Dear Sirs,

Re: Credit Card Agreement No:xxxxxxxxxx

I formally request pursuant to Section 78 of the Consumer Credit Act 1974, that you provide me with a true copy of the original agreement, number as above, signed by me, within the prescribed twelve days of the date of this letter. I attach my cheque for £1.00 in respect of the appropriate fee.

I look forward to hearing from you.

Yours faithfully

 

 

 

 

 

 

 

 

This is what I sent for a SAR:

 

 

Dear Sir

SUBJECT ACCESS REQUEST

 

RE: Loan / Credit Card Number

 

Further to recent correspondence with your office.

Please send me the information which I am entitled to under the Data Protection Act 1998. Specifically I would like to see copies of original application forms or agreements in connection with the above numbered credit card account. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

I enclose a cheque in the amount £10.00 in respect of the maximum fee payable.

If you need further information from me please let me know as soon as possible. If you do not normally handle these requests for your organization, please pass this letter to your Data Protection Officer or another appropriate officer.

Yours faithfully

 

 

Hope these help.

[bilious]

You are a gentleman!!! Hope this throws a major spanner in their works!!! Didi i see a template letter for not phoning me and only will answer by post letter?

[brooooooooooce]

You are a gentleman!!! Hope this throws a major spanner in their works!!! Didi i see a template letter for not phoning me and only will answer by post letter?

 

This is what I have sent, which at the moment seems to have done the trick.

 

Helen Packwood, Collections

HSBC Bank PLC

365 Chartwell Square

Southend-on-Sea

Essex

SS99 2UU

 

 

xx xxxxx 2010

- HARRASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997

WARNING; ADMINISTRATION OF JUSTICE ACT 1970, s40

WARNING; COMMUNICATIONS ACT 2003, s127

Telephone Number: xxxxx xxxxxx

 

WITHOUT PREJUDICE

 

Dear Sir

 

RE: Credit Card Number xxxxxxxxxxxxxxxxxxxxx - Account in Dispute

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. On xxxxx xxxxx 2010 you called at 08.50, 10.34, 14.21, 14.49, 17.45, 20.19 and 20.54.

 

I have verbally requested that these stop but my requests have been ignored and I am still receiving calls. I now require all further correspondence from your company to be made in writing only and that the telephone numbers listed above are completely removed from your systems.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970 and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine.

 

 

Please note that due to the harassment and abuse received by my children, who are all minors, telephone calls from your company are now recorded.

 

 

I look forward to receiving your reply.

Yours faithfully

 

Brooooooooooooooooooooooooooooooooooooooooooooooooooooooooce!

[babybear39]

You need to lose the 'without prejudice' as this renders the letter or document inadmisable in a court of law without the prior consent of the other party

[brooooooooooce]

You need to lose the 'without prejudice' as this renders the letter or document inadmisable in a court of law without the prior consent of the other party

 

You're right - it was on there because later in the letter (which I deleted) I was reminding them about a F & F offer I had made.

[bilious]

Just like you brooooooce my attitude has changed, first of all quite scared about what was happening to me then and still am willing to pay but after the way i've been treated its a case of right if you want to play that way you've messed up lets see how this goes sort of thing.... But you've been a great help thank you! Was my dn same as yours invalid wise?

[bilious]

Well have just got up from me nights hate em lol, and have drafted your letter broooce for the final demand etc! Hopefully this will buy some time and get the account into dispute and tomorrow i will be sending the CCA and SAR .. will let you know how i get on... As it seems we're at similar stage with the worlds bank!!!

[brooooooooooce]

Well have just got up from me nights hate em lol, and have drafted your letter broooce for the final demand etc! Hopefully this will buy some time and get the account into dispute and tomorrow i will be sending the CCA and SAR .. will let you know how i get on... As it seems we're at similar stage with the worlds bank!!!

 

"The Worlds Local Bank!" Tossers!

[bilious]

Funny used to be great with me until obviously this happened been with them 15 yrs never a problem bank loan finishes in 6 months, never missed a payment etc no problems with mortgage never missed a payment,then i'm off work with injury then wife has problems with baby whilst pregnant, so survived on one wage for best part of a year, then fell behind with hsbc and mbna and wallop both go mental great service eh!!! Have just posted the first letter to helen see how she likes her final demand reply... hows yours getting on did they get straight back to you panicking? Can't believe a bank of this size can mess something like that up?????

[babybear39]

Funny used to be great with me until obviously this happened been with them 15 yrs never a problem bank loan finishes in 6 months, never missed a payment etc no problems with mortgage never missed a payment,then i'm off work with injury then wife has problems with baby whilst pregnant, so survived on one wage for best part of a year, then fell behind with hsbc and mbna and wallop both go mental great service eh!!! Have just posted the first letter to helen see how she likes her final demand reply... hows yours getting on did they get straight back to you panicking? Can't believe a bank of this size can mess something like that up?????

 

Hope she likes it too

 

We are dealing with a bank here

[brooooooooooce]

Funny used to be great with me until obviously this happened been with them 15 yrs never a problem bank loan finishes in 6 months, never missed a payment etc no problems with mortgage never missed a payment,then i'm off work with injury then wife has problems with baby whilst pregnant, so survived on one wage for best part of a year, then fell behind with hsbc and mbna and wallop both go mental great service eh!!! Have just posted the first letter to helen see how she likes her final demand reply... hows yours getting on did they get straight back to you panicking? Can't believe a bank of this size can mess something like that up?????

 

I don't expect a reply any time soon. I imagine it will continue down the usual route of letters and DCA's but hopefully I'll fend em off one by one. I know what you mean about a bank this size messing up. I did raise it on another thread and Dicky Dick replied along the lines of, they probably issue 100's or 1000's of DN's etc but how many are ever challenged? 1 or 2 I bet. To them as long as the majority (the 99%) don't challenge what is it to them? Peanuts.

 

I have another card with Coop who issued a DN (again not enough time to rectify) but terminated the account before the date anyway. So even if the DN had been right I couldn't have rectified because they terminated the account. CAG is littered with other similar experiences, so I guess we have to accept a lot of our banks are inept.

 

It does worry you sometimes because you think to yourself - 'heres me I know bugger all about CCA law and heres them an enormous bank with unlimited resource and huge legal teams who should know it all' - am I right? I've read and re-read, and re-read and read again s.87-88 of CCA 74 and I've read other CAG cases and I think we are right. But I'm not naive enough to think that HSBC and others won't argue black is white to try and cover their f**k up's.

 

Bring it on!

[bilious]

Says it all really!!!! As i said to broooce! My morals have changed big time towards theses people... Only missed 1 payment with each then communicated to get reduced payments in effect but both were no chance then the threats etc... So now may as well play them at their own game.. Have sent the letter recorded? Does that then put the account into dispute babybear? still finding my way on here but you've both been a great help thus far to me!!

[babybear39]

Says it all really!!!! As i said to broooce! My morals have changed big time towards theses people... Only missed 1 payment with each then communicated to get reduced payments in effect but both were no chance then the threats etc... So now may as well play them at their own game.. Have sent the letter recorded? Does that then put the account into dispute babybear? still finding my way on here but you've both been a great help thus far to me!!

 

Do you have a thread? If so, please provide the link and I'll comment there...

[bilious]

http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/243981-iva-help-2.html Think thats the right way to do it? i did start a thread but it seems to have been taken over!!!!

[babybear39]

http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/243981-iva-help-2.html Think thats the right way to do it? i did start a thread but it seems to have been taken over!!!!

 

The link takes me to a REPLY posted by you. No worries...We need to get you a thread of your own where you can get detailed help tailored to your particular situation

 

Take a look here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html and then post back the link to the thread that you start

[brooooooooooce]

Says it all really!!!! As i said to broooce! My morals have changed big time towards theses people... Only missed 1 payment with each then communicated to get reduced payments in effect but both were no chance then the threats etc... So now may as well play them at their own game.. Have sent the letter recorded? Does that then put the account into dispute babybear? still finding my way on here but you've both been a great help thus far to me!!

 

One word - GREED.

 

I'm only here because MBNA increased my rate to over 30% apr after coming off a 0% deal and then finding I couldn't get another one (credit crunch and all that). They absolutely refused to reduce my rate! Said that was there standard rate and they could do nothing about it. Now they have frozen all charges (including interest!) and are at serious risk of never getting a penny from me. Stangely got a letter today about my CCA (only been 300days!) saying the account was old and they were applying to the Abbey for the agreement. Originally I wrote to the Abbey (the card is still in their name) but they wrote back saying everything was now with MBNA!

 

With regard the account in dispute - I would say yes your account is in dispute (or rather 'what account') as they have have unlawfully repudiated. Seems a fairly dispute to me.

[bilious]

Okay so do i still pay the ratbags the 50 quid i was giving them or reduce the amount... thought once they get my letter then the account was in dispute as i've not really said anything to them before... Mmm they don't hang about seems i've had a missed call from them today with no further action to be taken yet googling it it seems its a dg legal jobby, do i state that the account is in dispute and for them to provide me with the original copy off cca? cos it looks like these sneaky so and so's are going straight for the court route?

Edited April 23, 2010 by bilious

[brooooooooooce]

Okay so do i still pay the ratbags the 50 quid i was giving them or reduce the amount... thought once they get my letter then the account was in dispute as i've not really said anything to them before...

 

I'd pay the ba****ds nothing!

 

It's up to you though. If you intend to be in this for the long haul and go for unenforceability by either the unlawful repudiation or an improperly executed agreement then you shouldn't pay them. You may be still at this in 6 years time by which point it will be statute barred - but if you keep paying them or acknowledge the debt then you will keep moving the 6 years further and further back.

 

I haven't paid HSBC or MBNA for over 6 months and now the calls have stopped I'm just getting letters. With regards MBNA even if they come up with a properly executed agrement and don't balls up the DN & TN I still think you'll be able to sort a DMP with them further down the line. How old are your agreements? It seems common knowledge that the accounts MBNA took over from other CCC's, banks and building societies it has sh*te all paperwork for.

 

Save the money - keep yourself a 'fighting fund'!

[bilious]

mbna are about 3 yrs old so they'll most probs have them... hsbc was 2004 or 05 i think!!! no later i know that... so about this missed call if i speak to them do i just say the account is now in dispute and to furnish me with the cca? cos from what i've read they'll probably start the court route straight away! At least all charges will be stopped.....

[babybear39]

RULE NUMBER ONE!!!

 

DO NOT EVER SPEAK TO A DCA/OC UNLESS YOU CAN RECORD THE CALL!

 

They will bully, lie, break numerous laws and make up ficticious payments etc.

 

EVERYTHING IN WRITING

[brooooooooooce]

mbna are about 3 yrs old so they'll most probs have them... hsbc was 2004 or 05 i think!!! no later i know that... so about this missed call if i speak to them do i just say the account is now in dispute and to furnish me with the cca? cos from what i've read they'll probably start the court route straight away! At least all charges will be stopped.....

 

I may be wrong but I doubt they'll start the court action anytime soon. HSBC are already on dodgy ground. Have MBNA issued a DN or TN?

[bilious]

Thanks babybear! Not sure if it's a dca yet just googled the number and people have said it's the precursor to their legal department dg legal whatever.. will be sending off the cca request and sar, monday is the very earliest i can do it but at least the repudiation letter was sent yesterday to helen packwood.. so it's best not to speak to these people now as i can record my calls is that right? And just ask for everything in writing.. they only have my mobile number and our home one is unlisted are the going to try that route cos i will go mad if it upsets the wife...