DG Solicitors advising to go to Ombudsman

[Vana]

Hello

 

Not sure if I am posting in the right place.

 

HSBC have passed one of my credit cards to DG solicitors, I rang them and said that I had written to HSBC asking for a copy of the contract (as I think it is unenforcable), they told me that the account is no longer with HSBC and that they do not have those details so I need to complain to the Financial Obudsman.

The lady said she would put my account on hold for 7 days.

 

I have printed out the forms for the financial Obudsman but not sure what to put ?

I am really annoyed that I am not getting a copy of my contract which by rights I should be allowed to request.

 

DG are saying they will take me to court within 2 weeks.

 

Please advise

[floricita]

I wouldn't get annoyed because without an original copy of the contract, I doubt that they can do anything in the courts.

 

Have you sent a CCA request to HSBC?

 

I would send this along with a letter stating that the account is in dispute (templates in the forums). This should freeze all proceedings until you get all the documents you need.

[floricita]

The other points are that I don't think 2 weeks is enough time for you to get a response from the OFT, so I don't think that is going to be any good (although you can still complain to them, just don't expect a decision i 2 weeks!)

[Vana]

Yes I did send one to HSBC but DG say that the reason I have not heard back is that HSBC do not have my account anymore.

They basically said it's too late to raise a complaint - is this true ?!

 

Shouldn I go ahead and send another request to both DG and HSBC dated the same and postal orders included as before ?

[reallymadwoman]

DG Solicitors are HSBC - they are feeding you a load of bull. If you've sent a CCA request to HSBC then the account is in dispute until they comply. Telling you to go to the FOS is a waste of your time since the FOS won't deal with you until you've complained to HSBC and waited 8 weeks for a response, and they will then take about 2 years to tell you they don't rule on enforceability of contracts.

 

Finally, don't ring them again. Do everything in writing.

[Vana]

DG Solicitors are HSBC - they are feeding you a load of bull. If you've sent a CCA request to HSBC then the account is in dispute until they comply. Telling you to go to the FOS is a waste of your time since the FOS won't deal with you until you've complained to HSBC and waited 8 weeks for a response, and they will then take about 2 years to tell you they don't rule on enforceability of contracts.

 

Finally, don't ring them again. Do everything in writing.

 

Thank you.

I'll wait it out then as HSBC letter was only 4 weeks ago.

Is it legal for DG to take court action against me whilst I am waiting on a response from HSBC ?

[floricita]

And why do you think it is unenforcable?

 

You might be able to use these letters (parts of), especially the third one and just amend for your exact complaint?

 

Account in Dispute Letters - Consumer Wiki

[Vana]

And why do you think it is unenforcable?

 

You might be able to use these letters (parts of), especially the third one and just amend for your exact complaint?

 

Account in Dispute Letters - Consumer Wiki

 

I think it may be unenforacble because it was taken out in 2004, and they are avoiding sending me the agreement.

 

Thank you for the link I will have a look at it.

 

I really appreciate everyones help .