Jump to content


Sysa V HSBC Bank


Please note that this topic has not had any new posts for the last 3734 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi everyone

 

A few weeks back I sent a CCA request to HSBC followed by a few more letters including a dispute letter. Thanks to this forum. Hsbc have accepted that they do not have a signed application form but they haven't said that they don't have a signed credit agreement. After my last letter I have received a reply couple of days ago which is following:

 

As you will be aware, the credit card agreement was entered into with bank on or around DD/MM/2004. This was before the both Consumer Credit Act 1974 (ACT) and the Consumer Credit (Agreements) Regulations 1983 (Agreement Regulations). The agreement regulations contain the prescribed terms which were required by section 61 of the Act. Due to the date of the agreement, it was not necessary for it to comply with the Act or the Agreement Regulations. Therefore the agreement did not need to contain the prescribed terms. It follows that we do not have any obligation to provide you with a copy of the agreement which did, at the time of signing, comply with section 61 of the Act. Your request is therefore pointless.

 

We remind you of the decision in Carey V hsbc bank which determined that, regardless of the date of the agreement, the form of agreement provided in response to a section 78 request does not need to comply with the requirement of section 61.

 

It is inappropriate to issue a pre a pre-action disclosure application and if you do so, we put on notice that bank would seek payment of all the costs they incur. We may also refer this letter to court on the question of costs.

 

 

Are they right in saying that they did not need to comply with CCA because of date?

Is my request pointless?

 

I have read some threads on Carey V Hsbc which is quite depressing. I understand that in that case Hsbc was defendant but what do I now say to HSBC?

 

I need you comments and suggestions to draft a response for my friends at Hsbc who are clearly working hard now. :)

Link to post
Share on other sites

Whether or not the request is pointless, imo it is your RIGHT under the CCA to request a copy and to obtain one within the prescribed time limits. That is the route I would take unless someone else suggests otherwise :)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

Link to post
Share on other sites

Thanks for you reply rayne.

 

That is the route I have taken i-e. s78 request. They have failed to produce anything except a blank form and some terms and conditions.

 

Why are they saying that because of date they don't to need to produce anything because CCA doesn't apply. Is it not misleading? Are they not giving me wrong information?

Link to post
Share on other sites

If they're continuing to chase you for the debt, then my understanding is to send them this:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/579-letter-when-dca-refuses-to-comply-with-a-cca-request

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

Link to post
Share on other sites

Thanks rayne, I will send that letter to hsbc in a couple days.

 

However I still want it they are right in saying that because of the date of agreement CCA does not apply. I thought it applies to anything before 2007 and less than 25k. Am i right? If yes, then why are they telling me its not.

 

Is it one of their shots to put me off this?

Link to post
Share on other sites

Hi sysa welcome to the forum ,:)

 

Good advice from Rayne ,,,, and it is my opinion that that letter from the bank was their usual mish-mash of half-truths and inaccuracies designed to put you off .........

 

A CCA is a legal request ..... they are bound by law to fully comply within the 12+2 days time limit ..... if they don't chase them up on it and tell them the account is 'In Dispute ' until they do comply......they are aklso duty bound to tell you in writing if they have not got the document(s) you require .......

 

If they continue to ignore your request , report them to the Information Commissioner and/or take THEM to court to make them either produce what you want or confirm they haven't got it ........

 

I don't think I've heard such a load of twaddle as that letter for a long time .... huh ! pointless indeed ! cheeky beggars !

 

this link may help to explain :

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/260981-metroplitan-collection-services-ignored.html#post2943297

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Hang on a sec I just re read that letter in the op.

 

"As you will be aware, the credit card agreement was entered into with bank on or around DD/MM/2004. This was before the both Consumer Credit Act 1974 (ACT) and the Consumer Credit (Agreements) Regulations 1983 (Agreement Regulations). ".......wtf???? If the agreement was entered into in 2004 and the CCA was 1974 how can that possibly be BEFORE them as they say?? Twaddle indeed

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

Link to post
Share on other sites

That's what I meant sysa , :) It's 2004 , not 1904 lol!

 

Utter rubbish , but keep hold of that letter , it may be valuable for court or a report to the Ombudsman/Trading Standards or /Information Commissioner ......... it's so bad it's pathetic .........

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Probably I should refer them to a school for a few lessons on Time, Date and Calendar. My previous letters have costed them some brain cells to read and understand :D

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...