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HSBC Default


rosierose
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Unfortunatly ive been dealing with their cutomer service, who seem to be content to say 'sod off, were just going to ignore you'.

 

By final response, that means HSBC will no longer reply to my letters i presume?

 

It looks as if i will need to initiate proceedings shortly, as im not aware of what the ICO can do for me, and as you say, they move at a pace much like a snail.

 

Is there a way i can FORCE them to supply me with my original agreements? As i know there is no clause in there giving them the right then this would be handy to ue against them.

 

I would need time to draft some PoC's for this too, and also i will await surlybonds update to his template & his new letter for 'difficult' cases.

 

Believe me HSBC, in their ignorance, have put me in such a mood as to string them up by their b£$"! if i can :)

 

When i recieve their 'final response' i will of course post it for dissection.

 

Many thanks for your help

Clint

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Hi Clint - I wouldn't hold my breath on anything the ICO has to say either, as rosierose says - they really are useless at replying at any sort of speed! All the best with the claim though, I'll follow it closely. My default with HSBC was partly made up of charges, so once I've paid it I'll be pursuing for it's removal.

 

Cheers,

Lee

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8 Canada Square, London E14. I'd be tempted to take it from the top with them rather than hit them with an LBA in order to give them a chance to find what ever data they might need - your choice though. You have given them every oppurtunity.

 

I have had very much the same impression from their customer services dept. Arrogant and barely aware of the law.

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A small announcement.... Rosie has got a clean credit history!

 

Orange capitulated today and Link/MBNA are out of time!

 

Thank you very much, CAG. I couldn't have done it without all the help here. I am so happy I'm going to get a credit card and go shopping.... No, just kidding, champers and a nice dessert'll do.

 

Now, back to the charges....

 

:D :D :D Rosie :D :D :D

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Well, no 'Final response' from HSBC yet.

 

Been a bit side tracked with the birth of my first child @ 3:20am on friday!

 

Baby boy 7lb called Connor :)

 

To anyone interested heres a link to a picture of him:

 

http://s.sk-gaming.com/img/member/526403/264703.jpg

 

Rosie, in regards to the group data office, i will not need to serve them another s.10 notice will i....

 

Regards

Clint

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  • 2 weeks later...

i have a reply....

 

it states "i confirm reciept of the background papers at this office and we are considering the merits of your complaint in order to write back to you, certainly within 30 days"

 

its again from the customer relations team but this time someone else

 

 

merits of the complaint. wtf?

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Whilst i await HSBC's response,

 

Because this default was for an overdraft, apparently they do not need to issue me with a default notice, does anyone know if this is actually true? (As technically its not fixed-sum credit, i think?) Therefor that means i cannot do a CCA request?

 

Does my head in all this waiting around for HSBC to stop dragging their arses :/

 

Ill wait all this time and get back a reply similar to my first letter recieved from them i bet, full of rubbish with no legal backup!

 

Grrr

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Did they say they needn't supply you with a copy of the default notice now, or that they didn't have a duty to supply you with a notice prior to defaulting you? The former is quite true IMO, but the latter would be very wrong.

 

It's important not to confuse agreements and default notices. True, there certain exemptions for overdrafts within the CCA. They needn't supply a copy of an executed agreement, for example - more often than not because there isn't one; at least as it relates to the amount etc. Such would be covered by the T&C's of your acount generally.

 

As an aside, to remain within the auspices of the Act they needed to have supplied a statement showing the interest rate etc should the OD have been in force for more than three months, IIRC.

 

More important is the faundamental assertion that they prove the they have your permission to process data - for which they need a document with your signature on it that says you gave it.

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According to what they said, they were not obliged to send me a default notice prior to defaulting me. They are required only to send a letter asking for repayment.....

 

Im sure that is not right.

 

Im still awaiting their final response and one can only wonder what will be within it, but they have ignored my request for my account opening documents and just fobbed me off, is there any angle i can force the reciept of these? So i can prove that there is no clause in the contract to allow them to process my CRA information after the contract has ended?

 

Im wondering if they even have my account opening documents seeing as their ignoring me....

 

Cheers

Clint

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