Little old me V HSBC - Claim form now received

[bilious]

Quick question LTP? i have posted off the UR letter back in April did the check online and said it was in system etc, looked today just to check that it had been signed for and i got "this letter being progressed through our network for delivery. " Now does that mean it's got lost? or simply that hsbc haven't signed for it? checked my mbna one and that's been signed delivered etc!! Seems that two more to hsbc are still showing like this. Does that mean i have to re-post the letter?

[Old Cogger]

Should show signature soon.

[lord_tiger_putin]

Probably better to ask Royal Mail why it hasn't been delivered yet, I would think. the fact that there are 2 more makes it more relevant to find out what is going one because resending them could end up with the same result.

[bilious]

it shows they were, accepted at the local post office etc but then still says their in the system to be delivered, have read some threads elsewhere that says that hsbc don't sign for them for some reason etc!!! Or should i send that UR letter once again cos it went in April, does it mean that that the account isn't in dispute and i'm in the cr@p here?

[lord_tiger_putin]

I send a SAR to them which they signed. As well as another letter responding to their fob off letter, but that went to a different part of them. There are probably more than one place that can accept letters?

 

Would harm (besides the £1.**) to resend it, mind you, I will have to check mine!! Will report back on that when done, if mine is the same as yours, then it could be a HSBC "policy", if they signed for it, then you could just resend it.

 

Remind me when I went into the branch the other day asking for the printouts:

 

"HSBC requires that a SAR application must have a signature"

 

I didn't use exactly these words but it was along these lines:

"These thinhs things are done according to UK Law, not HSBC Law" - seems they think there is a HSBC Law above all other laws!

[bilious]

Do i still remind them that i accept their UR from the 22/04/10 when i sent the first letter just to be sure? Will get onto the post office in a little while to find out if it has been delivered?

[babybear39]

RM bulk sign for letters so don't always have a sig...

[bilious]

It does seem so babybear!!! As i've had back my cca request and that shows on their system as still being processed!!! Little sods lol, phew!!! Should i still send it? Or is proof of posting still good enough?

[babybear39]

POP is good enough for any court

[bilious]

Many thanks!!!!

[lord_tiger_putin]

 

You could be cheeky and invite their comments/advice on where to go from here.. (given their waffle on the above link ........ )

 

I did send them a letter asking their advice:razz:

 

They responded with a letter stating that my account is on hold while they await a response from HSBC.

 

Just waiting for HSBC to come back with an amount including only the arrears and an offer of "forgetting" that amount beacsue they "hurt my feelings" by terminating the account on the back of a faulty DN;)

 

will see what they dishe up....

 

should get my SAR results in a day or two ...

[bilious]

Hi LTP have just got my letter from DG solicitors, saying that they're going to take me to court and 'may' etc etc.... i shall send that letter of yours and see where it goes from there......

[bilious]

Do you have a link to that letter about the UR that i can send to them too, please?

[lord_tiger_putin]

Do you have a link to that letter about the UR that i can send to them too, please?

 

Here is the letter I send but I included a photo copy of the letter that I have send to HSBC:

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

ACCOUNT IN DISPUTE

Your reference: The reference in their letter (not my account number)

Here is a copy I recently send to HSBC for you reference. I am also in the process of claiming back Payment Protection Insurance which I believe I have been mis-sold by your client on this account. Seeing that you seem to be taking the fact that accounts are in dispute seriously I will appreciate comments/advice.

 

Yours faithfully

[lord_tiger_putin]

Hi LTP have just got my letter from DG solicitors, saying that they're going to take me to court and 'may' etc etc.... i shall send that letter of yours and see where it goes from there......

 

This is something that cerberusalert posted on another thread, maybe send this to them as well? I want to that after receiving any further response, especially seeing that they have a mix up with the account numbers:

 

Well since they has threatened court action you can now use CPR so send him this:

 

Their address

****NOTICE UNDER Civil Procedure RULES***

reference

Dear Sir/Madam,

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that county court proceedings will be actioned by yourselves should I fail to make contact/stressing that proceedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account, I remind you of Civil Procedure rules protocols. Nevertheless in my response to your letter please be advised of the following.

I put forward that you now have a requirement to provide me with;

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

2) All records you hold on me relevant to this case, including but not limited to

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial Breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time, as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above, failure to comply will result in a complaint being made to the Court./In addition to the fos for any breaches of OFT and CCA codes. This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

Furthermore, I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response, and should you need further clarification on any of the above points, then I suggest that you direct them to your legal department.

Yours Faithfully/Sincerely

......................... . (not to be signed) Print name

Dated..........

[bilious]

Wow! Cheers for that! Hope that will hopefully put a bee in their smarmy bonnet!!!

[lord_tiger_putin]

Wow! Cheers for that! Hope that will hopefully put a bee in their smarmy bonnet!!!

Will certainly keep them busy, will probably take a week or 2 for them to figure out what it menas!

[Old Cogger]

could of given it to them in picture form, there again still take then a few weeks to work it out.

[johnnymitch]

Hi LTP

 

Make sure you change "Country Court" ......to " County Court " (para 10) .......

[bilious]

Thanks chaps this is the rather lovely letter for you to ponder over can you let me know what you think please?

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/dgsolic.jpg

 

Thanks for all your help so far!! It is really appreciated...

[the_shadow]

Thanks chaps this is the rather lovely letter for you to ponder over can you let me know what you think please?

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/dgsolic.jpg

 

Thanks for all your help so far!! It is really appreciated...

 

Hmm payment by credit card (a no no according to OFT debt guidelines, as asking you to take out further lending to pay off a debt)

 

S.

[bilious]

Hmmm i did think that? So what's my next move? Send off the letters on the previous page?

[babybear39]

Some DCAs try to avoid the OFT guidlines by making out that some customers would actually be paying lower interest rates if they pay by CC!

[bilious]

They really are a bunch of scumbags aren't they!!! Am so glad i found this site by happen-chance...

[johnnymitch]

Hmmm i did think that? So what's my next move? Send off the letters on the previous page?

 

They're sending these letters out to everybody it seems bilious .... like confetti ...... full of "we mays" & " it coulds" ............. just huffing and puffing ....... however , if you send a CPR letter (as per #115) , IMHO you're calling their bluff and saying .... if you think you've got evidence .... you have to show it to me ...... or it won't stand up in court ..

 

Bet they back off for a bit ........