cabot-hsbc help

[av0607]

I have written to Cabot re a hsbc credit card debit and i requested a copy of my credit agreement and they have responded saying that they are experienciacing a delay in getting it from the original lender they are advising me that the debt is still legally due and that they can still report me to the credit ref agencies. Is this correct, currently there is nothing on my credit Report about this debt, i was thinking about offering a full and final settlement as i am worried that they will now place the debt on my credit file.

 

I wish to know what my next step is...how do i respond to this letter

[lord_tiger_putin]

I have written to Cabot re a hsbc credit card debit and i requested a copy of my credit agreement and they have responded saying that they are experienciacing a delay in getting it from the original lender they are advising me that the debt is still legally due and that they can still report me to the credit ref agencies. Is this correct, currently there is nothing on my credit Report about this debt, i was thinking about offering a full and final settlement as i am worried that they will now place the debt on my credit file.

 

I wish to know what my next step is...how do i respond to this letter

 

Which Credit Reference Agency did you check? My HSBC accounts disappeared from Experian but still showed up on Callcredit and Equifax. Yes, I believe they can still report it but I think the "Account in Dispute" letter (telling them not to) is in order and they must cease collection activities until they can produce an enforceable agreement.

 

Here is a letter you can use:

[Your Address]

[Their Address]

 

[Date]

 

Dear Sir/Madam

 

ACCOUNT IN DISPUTE

 

Re:− Account/Reference Number: xxxxxxxxxxxxxx

 

Thank you for your letter of xx/xx/20xx, the contents of which have been noted.

 

On xx/xx/20xx I made a formal request for a true copy of the credit agreement for the alleged account under the Consumer Credit Act 1974 sections 77/78 and a copy of that request is enclosed for reference.

 

The following are documents that you are obliged to send me under such a request:

 

1. A true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments.
   
2. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.
   
3. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.
   

You have failed to respond to this legal request to supply me with:

 

• a true copy of the original Consumer Credit Agreement for the above account
  
• other relevant documents mentioned in it
  
• a full statement of this account
  

The Consumer Credit Act 1974 allows 12 working days for complying with such a request and 2 working days for the service of the request and therefore the account entered default on xx/xx/20xx.

 

I believe you are no doubt aware of section 77(6) of the Consumer Credit Act 1974 which states: “If the creditor fails to comply with Subsection (1)(a) He is not entitled, while the default continues, to enforce the agreement.”

 

Therefore this account has become unenforceable at law and any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a Credit Agreement is a very clear dispute and as such the following applies.

 

• You are not allowed to demand any payment on the account, nor are I obliged to offer any payment to you.
  
• You may not add further interest or any charges to the account.
  
• You may not pass the account to a third party.
  
• You may not register any information in respect of the account with any credit reference agency.
  
• You may not issue a default notice related to the account.
  

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

Statutory Notice Under Section 10 of the Data Protection Act 1998:

Furthermore, please consider this letter as a statutory notice under section 10 of the Data Protection Act 1998 to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed explanation of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

 

Print your name, do not sign

[lord_tiger_putin]

When you offer a Full and Final Settlement, ensure that they put in writing they will report it as FULLY SETTLED and that they will not pursuing collecting the remaining balance, nor will they pass it on to any other 3rd party to do so.

[av0607]

hi there thanks for that advise i have decided to not offer a full and final settlement but unstead write the letter as suggested, i will keep you updated when i get a response from them

[av0607]

can some please help I wrote this letter to equifax as well as experian .....

RE: Lloyds TSB - (I) / XXXXXXXXxxxx

In reviewing the attached credit bureau report issued by your agency, I have detected an error regarding the following account in that it is reported inaccurately.

Company Name: Lloyds TSB - (I) /XXXXXXXXxxxx

 

Account Number: (I) / XXXXXXXXxxxx

Under the provision set forth in the 1977 Federal Fair Credit Reporting Act, I hereby request your agency to prove to me in writing the accuracy of the reporting of this account. Under the terms of the Act and succeeding court cases, you have 30 days to prove such accuracy or remove the account entirely frommy report. I ask that you do so.

You will note that this letter was sent certified mail, and I expect a response within the said 30-day period.

Should I not hear promptly from you, I will follow up with whatever action necessary to cause my report to be corrected.

 

Please feel free to call me if you have any questions. My home phone number is xxxxxxxxxxxxx

 

Sincerely,

 

 

equifax removed the accounts in question due to no response from the companies.

however experian responded saying....... that the 30 days period in which to dispute the validity of a debt refers to debt collection agencies in the us and American consumer rights under the federal fair debt collection practices Act and that the legislation does not apply inm the uk and would not be relevent to the compnay that I originally held a debt with.

 

can anyone help me with a new letter to write to experian in which i can dispute accounts on my credit report.