Bank Bloopers - HSBC CCA response - what's next?

[creditcruncha]

Bumping in the hope for comments on the two questions in the previous post.

[creditcruncha]

Asking again...

Guys, two questions:

A) If a default notice is issued but is invalid becuase it does not give 14 days to pay, is it automatically invalid or do you have to actually write and state you accept their breach? If the latter, is there a period in which that has to be done?

B) If the bank has confirmed they no longer have the agreement, will they still try and have a go at court anyway or is it likely they will not go to court without it?

[creditcruncha]

come on , anybody?

[manchestman]

come on , anybody?

Hi Creditcruncha

I'm not an expert by any means and don't fully know your case. As far as default notices go, I don't think it is 'automatically' invalid as such. It just is invalid and is therefore a tool in your arsenal to be used as appropriate. Brandon may have an effect on it? There is a very lengthy thread with detailed arguments on DN and you might get more help there. http://www.consumeractiongroup.co.uk/forum/showthread.php?196312-Invalid-Default-Notices/page272

This might also help: http://www.consumeractiongroup.co.uk/forum/showthread.php?208663-Tale-of-a-Dodgy-DN-Further-Discussion/page109

 

Again, about writing to creditor to accept breach etc the point as to whether to write asap or not seems to attract argument and may depend on individual circs. however, if there has been a lengthy delay, this might have been caused because you simply were not aware of the need to accept unlawful rescission at that time. (imho)

 

Your second question is a bit like a "how long is a piece of string?". There seem to be many variables, depending on who the creditor is, how much the debt is etc. My own case, HFC admit no agreement but is going through court at the moment. £10k is probably too much to simply throw away and is worth a punt as they can try and use Carey judgment and get a lousy judge to accept a reconstituted 'copy' as evidence.

 

Sorry my answers are not definitive, so don't really help too much.

Edited January 12, 2011 by manchestman
sp

[MA6395]

You do know its HSBC dont you jonny - a little nudge

 

Beware of requests to cut the card in half and return it one company actually produced the two halves in court and the judge ruled in their favour even tho they had no signed agreement its in the dca forum somewhere

 

LOL Amex / a DCA on their behalf have just tried this with me.....didnt have a card to send them as they didnt replace my last one after it expired as I was on a fixed payment scheme.

Crafty blighters - they even threatend that they would send someone round to 'seize' it!