No CCA after 2 months and now this- please help

[Honeypot]

Hi Everyone

 

HSBC still haven't sent my CCA despite requesting it 12 months ago. I've had this sent letter from their solicitors.

 

I have written to D&G saying I am still awaiting for my CCA from HSBC and when I rung they have said its irrelevant now as too long has passed and I am being awkward as I wont provide a signature on the CCA request so they said they are just to fasttrack it through court.

 

Is there anything I can do?

 

Vicky

xxxx

[unclebulgaria67]

Call their bluff. Send D&G a CCA request with your signature. They are acting on behalf of HSBC, so this acts as a request to HSBC.

 

If you are worried about them scanning and copying your signature, just sign over typed rows of 0000's or xxxx's, so these will be picked up if they tried this.

 

These solicitors letters are probably sent by the HSBC staff and it will take some time for any actual solicitors to become involved. They might not even bother pursuing and instead choose to pass on to a DCA.

[regan11]

They are 'considering'. Sounds like they're trying to scare you in to paying.

[Bazooka Boo]

Call their bluff. Send D&G a CCA request with your signature. They are acting on behalf of HSBC, so this acts as a request to HSBC.

The CCA has already been sent, ther is no requirement to continue sending out CCA requests.

 

If you are worried about them scanning and copying your signature, just sign over typed rows of 0000's or xxxx's, so these will be picked up if they tried this.

Even I can scan a signature that has been crossed or signed over a load of zero's, there is NO legal requirement to sign ANY document sent to these organisations.

 

The letter they have sent is generated by their threatomatic computer, it has had zero human input, less for the postie pushing it through your letterbox.

 

Do NOT RING these imbeciles EVER, they are YTS employees who can just about read of the script provided for them on their flip chart, they do not understand or even care about 'Cannot pay' they all work on commision and 'anything; you agree to pay them there and then, means they will have a better weekend out on the beer than you.

 

All you need to send the clowns is this;http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

 

Send it recorded delivery, PRINT your name, and post back here when you get a reply.

 

Boo;)

[Honeypot]

Thanks guys.

 

Can you go to court if you've not had your CCA sent?

 

Vicky

xxxx

[cerberusalert]

D&G are HSBC... look at the bottom of the letter.

[Helios]

DG solicitors are HSBC in another letterhead so if you phone them you are really talking to HSBC they operating out of the same building MCS based in .

 

if your cca request was sent recorded, £1 accompanied you are not obligated to supply a signature with them asking for that they playing for time which tells they may not have a cca

Edited May 28, 2010 by Helios

[Papa_Smurf]

If you do sign your letter sign it over this below

 

MAY2010MAY2010

2010MAY2010MAY

MAY2010MAY2010

[Guest HeftyHippo]

HSBC are rapidly becoming very awkward about anything you ask off them, CCA or SAR. The more people that cave in and supply a signature, the more they will demand it. There is NO provision anywhere for them to ask for a signature, and no where you are obliged to give one.

 

Call their bluff. They know they cannot collect if they haven't provided a CCA. If they haven't written to you and explained that they need a siganture, that tells you they simply haven't bothered, nothing to do with your identity at all, they just couldn't be ars*d doing it.

 

There is no time limit on your request. They stay in default until they produce the CCA.

 

Never talk to these clampets in the phone. You will get NO sense, only excuses and lies.

 

as already said, DG are actually solicitors employed by HSBC. As a result, they probably have more incentive than a proper solicitor to not follow correct procedures and adhere to the law

[Old Cogger]

The letter they have sent is generated by their threatomatic computer, it has had zero human input, less for the postie pushing it through your letterbox.

 

Do NOT RING these imbeciles EVER, they are YTS employees who can just about read of the script provided for them on their flip chart, they do not understand or even care about 'Cannot pay' they all work on commision and 'anything; you agree to pay them there and then, means they will have a better weekend out on the beer than you.

 

All you need to send the clowns is this;http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

 

Send it recorded delivery, PRINT your name, and post back here when you get a reply.

 

Boo;)

 

Hey Bazooka Boo - you are getting old buddy, they have a Beano script picture form to work from, they cannot read. You are being too nice to them.

[Guest jsa12]

the behavior of hsbc/metropolitan and who ever in cca matters' is a total disgrace,i have checked my records and it was march i requested mine (cca),its been three months and all i received after a quite period was a letter stating that I HAD BROKEN THE AGREEMENT and a payment was due or "further action" will be taken.i sent a dispute/s10 letter to the birmingham office interestingly this was redirected signed for in coventry by hfc? and another letter arrived from metropolitan stating they will respond when in a position to do so,i lifted this letter form the forum and credit to the author as its very appropriate to this scenario.

 

 

 

 

I refer to your letter of******* the content of which is noted.

PLEASE SEND ME A COPY OF YOUR COMPLAINTS PROCEDURE

Frankly, I am surprised by the need to remind a firm of solicitors about the terms and conditions surrounding my legal request for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974) received by ******* on *******.

I can only assume therefore that ******* failed to inform you that the account remains in dispute through *********’s non-compliance with this request.

Your letter is clearly, therefore an unlawful demand for payment and is, in my view, contrary to s.5(2), s.6(a)(b)© and s.7 of the Consumer Protection From Unfair Trading Regulations 2008 as well as being in breach of the OFT guidance on debt collection.

For the avoidance of any doubt, no payment will be forthcoming in respect of this alleged debt.

Should ******* persist with threats of legal action, I would very much welcome the opportunity for a judge to look at several offences committed by ******** under The Data Protection Act, 1998 and The Consumer Credit Act, 1974, as well as***********’s non-compliance with and total disregard for the law on this occasion.

Take notice that any further collection activity will be viewed as harassment and action taken accordingly. Further, unless you can provide evidence of my explicit consent to the processing of my data by ********I now require you to confirm that you have deleted all my personal data from your systems. Failure to comply will result in a formal complaint to the Information Commissioner.

In the circumstances, I am unable to enter into further correspondence with you. Any further contact from you, other than to confirm that you have closed your file, will be viewed as harassment and treated accordingly.

THIS IS THE SUBJECT OF A FINANCIAL Ombudsman SERVICE COMPLAINT.

If you do not understand this letter you should pass it to someone who does

Kind Regards

[themagician]

When You Did,nt Recieve A Cca In The Time Scale Of 12 + 2 Days ,did You Not Send The Acc In Despute Letter As This Is Not Automatic!.

[Honeypot]

Hi All

 

I have sent the 'Letter to solicitors threatening legal action / in default of agreement request' and I had a letter back from D&G saying "they are sorry that I am dissatisfied and that they have checked with HSBC and they addressed these matters in on 18th June 2009."

Furthermore they say as a gesture of goodwill they have included a copy of these 'addressed matters'

They haven't enclosed a copy and all HSBC sent on 18th June 2009 was a letter saying they need a signature before they can send my CCA.

I am going in circles!

What could I send them back please?

Thanks

Vicky

xxxx

[Guest HeftyHippo]

You can complain to the Solicitors Regulations Authority. If the solicitor hasn't answered your question. or is misleading, explain to the SRA why you think it is and say that responses like that which are obviously wrong damage the publics view of the legal profession. The SRA seem on the ball.

[Bazooka Boo]

They haven't enclosed a copy and all HSBC sent on 18th June 2009 was a letter saying they need a signature before they can send my CCA.

 

Well, you'll be pleased to hear that there is no legal necessity to sign any documents, least of all a CCA request, IMO this is a good sign, they clearly have no original agreement, otherwise they would have sent it when you asked for it, instead of dragging their heels and showing their ineptitude.

 

This should do it, and let them know where there shortcomings are, fools.

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/572-debt-letter-when-company-refuse-cca-due-to-no-signature-

[Bazooka Boo]

Use these to complain about the questionable solicitors, who really should know better.

http://www.legalcomplaints.org.uk/home.page

[Guest HeftyHippo]

Use these to complain about the questionable solicitors, who really should know better.

http://www.legalcomplaints.org.uk/home.page

If yu want to complain about someone elses solicitor, you MUST do so through the SRA

 

In terms of the CCA your only recourse I think is through the FSO, or OFT/consumer direct