Please will someone help me on this, i dont seem to get any replies on any of the SubGroups

[bh2362]

Hi Everyone,

I was hoping for some advice i have asked the question before about Default on Bank Accounts and if anyone has had any success in getting them removed, Over the last year I spent most of my time writing letters to l Sans;">HSBC in order to see what paperwork they have I have sent CCA requests for Agreements, and asked for the Default notices etc, I have also done SAR requests.

None ever produce was default notices or agreements for the bank account or the credit card.

I have even sent a letter to Chairman of HSBC Stephen Green asking for this and requested they stop processing my data as they have no signature i.e my consent, i got a blunt letter back saying, the default notices are produced automatically and they dont have to supply this.

and they they a copy of the terms and conditions, and quoted WE HAVE NOW FORFILLED OUR OBLIGATIONS UNDER THE CCA 1974.

they also said please find enclosed a copy of the agreement the one in which you would have signed for....but did not produce a true signed copy, this letter was sent in February it on my part was a last attempt to get any answers from them.

they also said WE AWAIT YOUR COURT INSTRUCTIONS...this was because i sent the letter saying before action.

I have two bank accounts with them and a credit card agreement..

 

I want to know how i proceed with this can i take them to court to remove the defaults and supply the documents...

I would really like some advice from the senior CAGGERS in order to get this sorted out.

In my favour I do fortunately have the original default sent to me for the credit card debt, this is defective, does not allow 14 days clear service, do you think this is the reason why there not producing a copy?

 

please help

B

[nicklea]

Bh2632,

 

For a bank account there is no need for a written agreement so there won't be anything for them to send.

 

I would suggest that if you have a default placed against your current account then, in reality, there is little that can be done about that.

 

With regard to the credit card, if you applied under s78 then yes they have complied with the requirements of the CCA.

 

From your post it appears as though you also made a request under the Data Protection Act threatening them with legal action if they didn't comply with your request. Well, it looks from their reply as though they're saying - bring it on.

 

So, it is now up to you to bring a case in the county court against them under the Data Protection Act

[silverfox1961]

If the default is factually correct, there is nothing that can be done about it. This is thanks to this case:

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2009/2386.html

 

Anything short of entering a courtroom is now allowed

 

 

Have a check of the screenshots for your accounts and it should show that a DN was issued. That is all they have to do. They don't have to prove the DN was posted

[bh2362]

Thanks Siverfox,

Im really grateful for the reply, i sort have have thought this, what i am interested in is whether or not they should be able to provide my consent for processing my data in the first place, I.e when the bank account was opened they should have gained my signature in order for them to do this, should they have provided this piece of paper as part of the SAR request? if not are they in breach?

I have had letter from a company called payment services bureau based in birmingham. the amount in default is around £1200 they said they have authority to mark the debt as settle upon payment.

shall i write to these with a proposal to pay part of the debt in order for the default to be completely removed, but i need some muscle on paperwork etc, things they could have not complied with.

thanks again for the initial responce.

 

BH

[bh2362]

Thanks Nicklea, most helpful, im trying to find a way to get this removed.