HSBC loan and CC

[stressedmum2]

Hi, I wondered if anyone can offer me some advice.

 

A few years ago I had a major financial crisis and it ended up that my bank loan and CC were passed on to M C S and my bank account was closed.

 

I was paying every month to M C S until recently when I needed to go into the bank about my children's accounts and the teller said that I haven't been paying my debts what do I propose to do about them.

 

I stopped paying M C S and received a letter from D & G Solicitors, then I sent D&G a CCA request which they received on the 31st August. This morning I've had a phone call from them asking for money, they deny receiving the CCA request and said I've admitted I owe the money because I have been paying the debt to M C S for the past 3 years.

 

What do I do now?

[silverfox1961]

Hi,

What to do. Stop fretting (too much)

Few questions

Did you send the CCA request by recorded delivery?

Have you attempted to get the charges back?

When your bank account was closed, were there any overdraft charges on there or was it done as punishment for defaulting on the loan and CC?

[stressedmum2]

Thanks for the quick reply

There were probably the odd OD fee on my account, but it was closed because I defaulted on my loan and CC. (this was about 3 or 4 years ago now)

[stressedmum2]

oh and I have no idea whether I had any charges on my CC or loan as I didn't get statements whilst my account was frozen.

[silverfox1961]

I would be sending HSBC a SAR. I paritcularly like this one

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

although others are available.

Include both account numbers (loan and CC) You could also include your bank account number if you want. The £10 fee covers all the data they have.

You should get back statements showing what was charged (if any)

If you have moved house since this closure, give them your old address

Send it by recorded delivery

 

If you sent your CCA request by recorded delivery and have proof of delivery, you can put the account into dispute

 

If you didn't send it recorded, send another one (to D&G)

[stressedmum2]

Thank you, I did send it by special delivery and have printed a copy of the track and trace page showing delivery.

Can I ask how I put the account in dispute? And do I wait for the 12 +2 days before requesting a SAR?

thanks again for your help.

[silverfox1961]

The 12 working days have passed for response so you could send letter 20 from here:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

[stressedmum2]

Thanks for all your help

[stressedmum2]

I received a letter today from the solicitors saying that their clients note my intention to pay but as no arrangement has been made the outstanding balance remains due.

 

They have been instructed to hold the matter in abeyance for 7 days for my to return a questionnaire and a proposal for payment. If I don't comply it will result in court action as outlined in their recent letter.

 

A) I haven't had a recent letter.

B) I did receive a letter saying the CCA hadn't been found but they would forward it ASAP, but I've heard nothing until today.

 

Can anyone help me? The letter is dated the 11th Nov so I need to act quickly.

[zingy]

It looks like they either don't have a CCA or may have merged the two accounts into one when transfered to MCS (which they did with me = unenforceable), but you would need a DSAR to confirm this.

 

DG are in-house HSBC/MCS solicitors and I've received quite a few 'setup a payment plan or we'll take you to court', but they haven't done anything yet. To me, your case looks very familiar to mine and a number of other people's where MCS have combined accounts and now can't produce CCAs (because they didn't receive your permission to combine them in the first place).

 

If I was you, I would DSAR HSBC to see what they have done. However, if you can post up the letters from DG (removing any personal information) then it would be easier to advise you what to include in your reply.

[stressedmum2]

Thanks Zingy, I will have to try and fix the scanner this weekend. The accounts haven't been combined, I usually receive the letter about the other account a few days later. They have admitted not being able to find the CCA for the bank loan, (they said they will forward it ASAP) but not the Credit Card so maybe I wont get a second letter this time. I have sent SAR letters and payment for both though and an account in dispute letter for both accounts too.

[stressedmum2]

I've had two responses to my SAR's today.

The first says that they received the request on the 25th November and they will instigate a search and I'll hear on or before the 3rd January. I sent £10 for each account so they have returned the Postal Order and requested a new Postal Order or Cheque for £10.

 

The other letter has me totally confused.

It reads

Thank you for your letters both dated 18th November 2010 which were only passed on to the UK Data protection Compliance Office on 30th November 2010.

 

We regret that we are unable to comply with your requests under Section 10 of the Data Protection Act 1998 as the information represents a true and aquurate record of the manner in which your accounts were conducted. The processing of these details is in compliance with the Act.

 

If you are not entirely satisfied with this response please contact

 

etc, etc.

 

 

Can anyone please tell me what on earth this means?

And what do I need to do now? I'm clueless. I'm guessing this letter was in response to the Account in Dispute letters I sent.

thanks

Edited December 9, 2010 by stressedmum2

[silverfox1961]

I've had two responses to my SAR's today.

The first says that they received the request on the 25th November and they will instigate a search and I'll hear on or before the 3rd January. I sent £10 for each account so they have returned the Postal Order and requested a new Postal Order or Cheque for £10.

 

The other letter has me totally confused.

It reads

Thank you for your letters both dated 18th November 2010 which were only passed on to the UK Data protection Compliance Office on 30th November 2010.

 

We regret that we are unable to comply with your requests under Section 10 of the Data Protection Act 1998 as the information represents a true and aquurate record of the manner in which your accounts were conducted. The processing of these details is in compliance with the Act.

 

If you are not entirely satisfied with this response please contact

 

etc, etc.

 

 

Can anyone please tell me what on earth this means?

And what do I need to do now? I'm clueless. I'm guessing this letter was in response to the Account in Dispute letters I sent.

thanks

 

Yes it is. As part of the A/C in dispute letter it demanded they stop processing your data and that is the response. Since a test case last year, they are now allowed to process your data. The letter you sent has now been updated to reflect that (it just took a while)

[stressedmum2]

Thank you for your very quick response Silverfox.

So the only thing I need to do is fill in the closest branch form and send a new Postal Order?

[silverfox1961]

Yes. I take it you sent a PO for £20 when £10 was all that was needed.

 

When you go to your neaest branch, don't forget to take plenty of ID

[stressedmum2]

Thanks Silverfox Will my passport not do?

[silverfox1961]

Thanks Silverfox Will my passport not do?

 

That's the best form of ID (unless you are a brilliant forger:lol:)

[stressedmum2]

I've had another letter today from Central Debt Recovery Unit about my CC.

 

Dear Mrs...

Ref CC

 

Your debt has been referred to us for immediate collection.

We specialise in the recovery of debt such as yours where normal methods of recovery have proved ineffective.

We are however, prepared to give you a final opportunity to pay voluntarily.

To bring this matter to a conclusion, you must pay the balance of xxx by 14 December 2010. We can arrange for you to pay using a variety of different methods including the use of a payment card administered by Girobank.

 

If you cannot pay by this date, you must telephone us using our telephone number xxxx

 

Can anyone tell me what to do now? I had no response to my CCA request and am waiting for the SAR request to be filled.

Edited December 13, 2010 by stressedmum2
adding info

[stressedmum2]

Can anyone offer any advice? My fourteen days is up today even though it only arrived yesterday.

 

Thanks

[rockwell304]

I've had another letter today from Central Debt Recovery Unit about my CC.

 

Dear Mrs...

Ref CC

 

Your debt has been referred to us for immediate collection.

We specialise in the recovery of debt such as yours where normal methods of recovery have proved ineffective. What they mean is this is a lemon! probably no documentation.

We are however, prepared to give you a final opportunity to pay voluntarily. Please! please! give us some money, anything!!!

To bring this matter to a conclusion, you must pay the balance of xxx by 14 December 2010. We can arrange for you to pay using a variety of different methods including the use of a payment card administered by Girobank.

 

If you cannot pay by this date, you must telephone us using our telephone number xxxx You must? you must do nothing as far as these fools are concerned, They are an in-house threat team I believe owned by Metropolitan Collection Services who are owned by HSBC.

 

 

Can anyone tell me what to do now? I had no response to my CCA request and am waiting for the SAR request to be filled.

 

Hi, I'm sure someone knowledgeable will be along soon, have you sent the "in dispute letter?" sounds like they can't find your agreements, it should be interesting to see what your SAR throws up!

[Pimlico]

Hi there

 

Do you know what interest rate you were charged by hsbc on your credit card? I might just be able to give you some ammunition to get at hsbc and obtain a partial refund!