HSBC/Rockwell DCA - Urgent advice needed please :-(

[maud26]

Hi all

I am writing on behalf of a very good friend who had been receiving hassling phone calls at work from a DCA (Rockwell). When i enquired as to why she was avoiding the calls she explained that they were a DCA who were calling continuously about a debt she had incurred whilst with her previous partner, he had left her with two children to cope on her own with a joint debt of just under 10k. I asked her to bring in a letter from the DCA and offered to send a CCA request and also a harrassment by telephone letter which i did just over 2 months ago. They promptly wrote back declaring:

 

'We can confirm that the account assigned to our above named client relates specifically to a current account and as such is not regulated under the CCA 1974. Due to the nature of this account there is no written agreement to provide.

 

The enclosed statement showing repayments is your acceptance of liability'

 

So when I read this i questioned her further and she described what i can only interpret as a 'consolidation loan' offered to them by HSBC, she has since provided a statement from March 2010 which describes it as a 'Managed Loan Account'.

 

Now Rockwell are still making calls despite the letter i sent them, and i wonder where we can go from here. The previous partner has left her with two children, one on the way and pays not a single penny whatsoever and she is frightened to death of the DCA turning up on her doorstep. Is there anything we can do now??

 

Thank you in advance

 

Maudy xx

[citizenB]

Hmm, an HSBC managed loan.. these are presenting quite a few issues. If it is a loan, then you are entitled to see the agreement.

 

However, if it is a current account then there simply wont be one.

 

You could send a Subject Access request, which should net you all the information in respect of your friend's financial history with the bank. It will cost you £10.00 and you will find a draft letter in the CAG library.. linked in green at the top of the screen. the company is allowed 40 calendar days to respond to the SAR. You send it to HSBC.. not the DCA.

 

I am assuming the ex is not around to help pay this off? Do you know if the ex is being chased as well ?

 

Rest assured that the DCA has no power of entry if they were to turn up on the doorstep. In theory they are not permitted to do so without an appointment and I assume your friend is unlikely to give permission. In the event that someone does turn up. Just ask them to go away.. There is a draft letter in the CAG library to send in respect of doorstep visit

[BRIGADIER2JCS]

These managed loans are starting to

crop up a lot are from the period

just after the banks failed, consolidating

a current account and overdraft into a loan

and ''managing'' the use (to thee benefit of the bank of course)

there should be a confirmatory agreement of some sort

I think.

[maud26]

Hi Thanks for your reply. No the ex is not around - he doesn't help her financially or any other way and i think communications have broken down and so she is not aware if he is being pursued for it. She has explained to DCA that its a joint debt and they don't seem to care. So do you think the only option is to send the SAR? - Is this the only way we can find out if its a loan or account?

 

Thank you once again

 

Maudy xx

[BRIGADIER2JCS]

I agree with citizen B that you should

do the SAR it's probably the only way

to get the information required.

[Bazooka Boo]

Stay OFF the phone to them, they will continue to lie and intimidate.

[maud26]

HiAt work today and my friend has bought in some paperwork relating to the DCA info - its an arrears notice from HSBC dated March 2010 and clearly states that 'This arrears notice is required to be issued under the CCA 1974' and goes on to quote that it relates to a credit agreement...... Does this mean that it IS a credit agreement and therefore we do have the right to pursue the CCA request??Failing that SAR will be done this evening lol :-)Many ThanksMaudy xx

[Old Cogger]

read somewhere even these loans/lending are covered by the section cca1974 and an explanation give for it, thought it was Cag site I may be wrong?

[Old Cogger]

could google CCA1974 regulations and read through section 2 might be of some help, try it and see?

[BRIGADIER2JCS]

A loan will be subject to CCA 1974, an OVERDRAFT

is not so regulated as it is described as a facility.

I f it is a regulated agreement the you can do a CCA

request, a SAR can be done at any time on any form of account.

So you can do both, as they are not obliged to send a copy

agreement with a SAR.

[Bazooka Boo]

Heres the thread about O/D's and the CCA, it's a long one so put the kettle on first!

http://www.consumeractiongroup.co.uk/forum/showthread.php?237096

[citizenB]

HiAt work today and my friend has bought in some paperwork relating to the DCA info - its an arrears notice from HSBC dated March 2010 and clearly states that 'This arrears notice is required to be issued under the CCA 1974' and goes on to quote that it relates to a credit agreement...... Does this mean that it IS a credit agreement and therefore we do have the right to pursue the CCA request??Failing that SAR will be done this evening lol :-)Many ThanksMaudy xx

 

If they are issuing an arrears notice under the CCA1974 then yes it is covered under CCA1974 and there should be an agreement. I think the clue is in the Title.. "Managed LOAN"

[maud26]

Hi again

Thanks for getting back to me - it takes me a while in between posts as Im currently undergoing chemo so apologies for the delay.

So what do you think I should send now - pursue the CCA as the letter does indeed state 'This arrears notice is required to be issued under the CCA 1974' - i guess i could enclose a copy of this said letter along with a CCA request???

 

Or should i send a SAR?

 

Thank you to everyone who replied - i appreciate it so much as does my lovely friend

 

Maudy xxx

[Bazooka Boo]

I'm sorry to hear of your priority battle, that should be foremost in your concerns, not these tin pot good for nothing con artists, I guarantee that all of them would agree that money is far more important than health as far as they are concerned! Fools.

 

Anyhow, this gives you something to do I guess, and you could send them the CCA request in light of your last couple of posts, see what they come back with....if you need the link to it just ask.

[Halibutt]

Sound advice from Boo - further to that, my suggestion would be that before the SAR you could try:

 

Sent By Royal Mail Recorded Delivery

 

Dear Sir/Madam,

 

Account Reference: 123456789

 

In your letter, dated xx/xx/xx you stated that you were under no obligation to provide me with information regarding the above account under the Consumer Credit Act 1974 as the account is considered not to be covered by that Act.

 

In your subsequent letter, informing me of the arrears on the above account, you clearly state: "'This arrears notice is required to be issued under the CCA 1974" which is a clear, written admission that the account is covered by the Act.

 

I therefore require you to comply with my previous formal request for the relevant information.

 

(If you haven't already sent a £1 PO):

I enclose a Postal Order for the statutory amount of £1 to cover the fee for the request of a CCA, which must only be used for that purpose. If you are unable to comply with my request, you should inform me in writing, returning the payment.

 

(If you have already sent the £1 PO):

On xx/xx/xx I sent you a Postal Order for the statutory amount of £1 to cover the fee for the request of a CCA, which must only be used for that purpose. If you are unable to comply with my request, you should inform me in writing, returning the payment.

 

I look forward to your written response.

 

Yours faithfully,

 

xxxxxxxxxxxxx

 

I'm sure others will be able to suggest better wording, but the above might save your friend a tiny bit of money before trying a SAR.

 

I'd also be inclined to enclose the "In writing only" and "No doorstep visits" letters in the same envelope - keep a copy of everything and never answer the phone to them or give "security details" - keep everything in writing so you have a very definite paper trail/proof.

 

Hope that helps and best of luck with both your health and your mission to help your friend.

 

H. x

[citizenB]

Halibutt, that sounds like a good plan and your letter is sound

[Halibutt]

Thanks CB.

 

Please keep us updated Maud. Help is here whenever you or your friend need it.