Help!! Hsbc credit card agreement

[thebeatseeker]

Hi,

 

Can anyone help me out here??

Am looking for guidance on my hsbc credit card agreement.

I have enclosed the agreement with the accompanying letter.

The agreement was sent with multiple pages of a"2009 variation of agreement terms and conditions"

I wrote back to them saying i did not think this constituted a valid agreement, and that i believe the account to be in dispute.

I have enclosed the reply they gave.

 

Any advise here would be much appreciated.

 

Thanks

 

m

hsbc credit card agreement.pdf

Edited July 25, 2011 by thebeatseeker

[firstship]

Hi.Have read through the letters from HSBC,this is not the answer you want to hear,they comply with the requirements as they stand at this point in time

 

If this went to court,the recon documents plus proof you used the credit card and made payments into that account will be enough for HSBC to win

 

Have there been any charges ie late payment charges etc..any PPI involved?? it is possible to claim some of these back if applicable.

 

Sorry not the answer you wanted

 

Regards FS

[citizenB]

Hmmm, I dont think that is quite accurate, firstship.

 

They have complied with the s78 requirements, but that document does NOT contain any of the required prescribed terms.

[firstship]

CitizenB will go with your knowledge on this one,you are correct according to the guidelines,my only concern as you can read in my reply,Recon agreement +usage of the account+ and payments into the account, seem to be the formula for winning.Its wrong as you indicate and I am aware,but a fact of life

 

Worth challenging HSBC

 

Thankyou FS

[thebeatseeker]

Thank you very much guys,

 

No additional charges firstship.

 

So you would agree the account is in dispute citizenB? Am currently on £1 token monthly payments.Do you think i should stop payments?

 

Please excuse my ignorance, but if i stopped the payments and they took me to court and won. would i be liable for all costs incurred?

 

many thanks

 

m

[ims21]

Hi

 

I think the other thing to consider here is why are token payments of £1 being made.

 

If this is all you can afford due to, say, falling on hard times, then even if they did take you to court then a Judge will only get you to pay what you can afford to pay. If that is £1 then so be it.

 

Perhaps a little more detail would be useful as to why you issued a CCA to HSBC in the first place. Usually a CCA request is sent to a DCA to ensure they have a right to collect...not usually to the Original Creditor.

 

As I say, if you can give more details as to the debt and the circumstances it would make it easier to give you the relevant help with this.

 

Thanks

 

Kind regards

 

ims

[firstship]

The most important item is to continue to pay the £1, even though the account can be regarded as in Dispute,by continuance of payments should the worst happen and you go to court(this is unlikely,as you are paying as much as you can afford)the Judge will take into account your willingness to pay and he would award continuance of payment of £1

 

I am well aware that an account in Dispute you could stop payment,but take my and many others advice DONT,stop payments.

 

CitizenB is quite correct regarding that the prescribed terms are missing from the document,so you can put the account in dispute,and it is clear in the guidelines the document must contain this information.The courts are very fickle and I assure you Recon Agreement+usage of the OCs money+records of payments will be sufficient in most circumstances for the OC to win the case

 

This is so wrong,that even Judges are making it up as they go along.

 

Regards FS

[thebeatseeker]

Thanks guys,

 

 

I have been on a dept management plan with the c.c.c.s since last aug paying token payments of £1a month ims21.

Hsbc have been the most awkward,(even though i have held accounts with them since they were midland).They have passed on my loan to a dca charges and interest are frozen on this

But with my my current acount and credit card they refused the token payment offer and continue to add charges and interest on both accounts.

These are considerable amounts and they seem to ignore all correspondence asking for a temporary reprieve.

That is why i cca'd them.

 

Thanks for the advise on the token payments firstship.

I think i will continue these even though i have issued them with the account dispute letter stating that i will be ceasing the token payments.

 

Many thanks

 

m

[ims21]

Hi

 

On the credit card side of things you ought to be lookig at claiming back all unlawful charges such as "over limit" and "late payment". These can be reclaimed with interest which would reduce your overall liability.

 

Do some reading around the bank forums to get an idea of the process involved.

 

Regards

 

ims