Hsbc

[Undercover-Elsa]

Hi Strawberry,

I'm not clear from your post, so to clarify....When you have made your written requests for a copy of your loan agreement, have you made them formally under the rules of Section 77 of the Consumer Credit Act 1974?

If not, you need to do so immediately. The template letter is HERE

 

Follow the instructions with the template. Enc £1 Postal Order, dont sign, hand print your name (or use CAGs signature protector, Signguard) and send by Recorded Delivery. Guard the receipt..staple it to your own copy of the letter.

 

If they do not supply it with 12 working days plus 2 days for posting, you can put the account is dispute.

This will provide you with some measure of prorection, and is a defence if they issue Court proceedings while they are in default.

Welcome to CAG, by the way..you'll get lots of help and support on here.

Shout if you need more help

 

Elsa x

Edited July 25, 2010 by Undercover-Elsa
Clarity

[Undercover-Elsa]

I would also send a Subject Access Request to HSBA, if you havent done so already...

Template in my signature above.

[Undercover-Elsa]

Hi again,

 

Another point..did you receive a Default Notice? (In a letter headed "Important you should read this carefully"..Default Notice (etc)

If so can you dig it out (and the envelope it came in, if possible), let us know date of notice and date they required payment of arrears to remedy the default. Better still, if possible, scan it and upload it to Tinypic.com then paste the link in here. Remove personal details..account number, barcodes, name & address.

 

As Cerberusalert says above, CCA the solicitors too, with a cover note that you are suprised that they have threatened legal action as the account is in dispute and despite many requests no evidence has ever been produced that a signed agreement exists for this account, in order to clarify this once and for all I enclose a Formal Request under Section 77 of the Consumer Credit Act 1974 for a copy of the agreement.

I would stress that should you proceed with the threatened legal action it will be vigorously defended and a copy of the signed original agreement will be required in support of your claim.

 

 

Elsa x

[Undercover-Elsa]

Any news on this, Stawberry?

 

Elsa xx