HSBC Unenforceable CCA Credit Card - Multiple Questions - Please Help if You Can...

[jonhamil]

Hi.

 

I have a credit card with HSBC which was taken out in 1998, which I pursued as unenforceable last year, I (stupidly) used ATM solicitors to do this. They originally advised me to keep payments up, which I did. Since their test case has failed, they are appealing, but if I want to continue I have to pay them another #600 and they are now advising me to stop making payments. I am now parting ways with ATM and am pursuing this on my own.

 

I believe ATM sent HSBC a s77/78 CCA 1974 request - I will know for sure in a couple of weeks once ATM have sent me all my paperwork. I will keep this thread updated.

 

Assuming they have, I am intending to send a proper SAR request and effectively start from scratch. Does anyone have any comments on doing this, given that a 77/78 request has already been made? Also can anyone comment on whether I should stop making payments now, or once I have established that CCA is unenforceable???

 

Additionaly I have a current account with HSBC - it has a #2k overdraft and is usually very close ot its limit. Can HSBC take money from this account in respect of the credit card debt if I stop cc payments? This account was opened at the same time as the credit card - is it likely to be unenforceable as well? If I keep it fully overdrawn and HSBC decide to call it in, will I get a default against it when I am unable to settle in full? Is there any leverage on geting this default removed if they were to apply it?

 

Going back to the credit card issue, if I stop making payments - either before or after discovering that the agreement is unenforceable, can/will HSBC issue a default in respect of this debt, and is there any leverage to get this removed? The BBC news website seems to suggest that a default is an inevitable penalty of following the unenforceable contracts path:

 

http://news.bbc.co.uk/2/hi/business/8507054.stm

 

In October 2009 a high court judge ruled that defaults are applicable, even in the case of an unenforceable contract claim being successful.

 

I would really appreciate any help and answers to my numerous questions! I will continue to provide updates to this thread re. my progress until the case is won.

 

Many thanks in advance,

 

Jon

[rdm2006]

A s77/78 request means they only have to provide you with with a copy of "AN agreement" or a "reconstructed agreement" which would have been in place at that time so people are now asking for a copy of the agreement under CPR 31.16 which requires them to produce a copy of the original

 

I would say you can bet they WILL withdraw your overdraft and take payments if they can - so open an account with another bank and move everything to that account.

[jonhamil]

Thanks - that was my understanding. My real question is: does it make anydiference that a s77/78 request has already been made? Or can I just go ahead with a full SAR under CPR 31.16 as if I am starting from scratch?

 

I am ceasing use of the current account asap. Will they issue a default against the overdraft? I am likley to show that I am unable to make anything more than a token payment in respect of the overdraft debt - can they issue a default even if I am upfront with them re. this? Or is the overdraft itself likely to be unenforceable?

 

Thanks again,

 

Jon

[rdm2006]

I don't think it will matter what prev requests for info have been made - CPR 31.16 is a pre action protocol and nothing to do with s77/78, nor is the SAR as that is a request under the DPA.

 

You can rest assured they will default you for everything (be it right or wrong to do so). with regard to your other question you may do well to read up in this section

 

Debt Collection