Cca Signed Agreement Hsbc

[Hall0ws]

Hello to everyone. I have been wrestling with HSBC for a while and recenlty found this group which has given me confidence and helped me no-end. I had a personal loan, current account and overdraft with the HSBC which defaulted about 6 years ago while I was a young student and got into financial trouble. In short, the outstanding loan and overdraft amounts were put together with unbelievable penalty charges and I ended up paying them (DG Solicitors, their team of legal guys) back each month for a total of 10 years. I am 5.5 years into the arrangement and reckon to have paid back the vast majority, if not all of the money I originally owed them before these charges and fees were added.

 

After being fobbed off on the phone several times I decided to write to them using the CCA 77 (1) & 78 (1) template letter requesting a copy of my signed agreement. It is now 12 working days plus another 14 consecutive days since their receipt of my request (it was sent recorded delivery with the £1 fee which they have cashed) and I have heard nothing. As I understand it from threads on this group and by reading the CCA, if they do not provide the agreement within 12 working days then one calendar month they commit an offence.

 

I will post info. as to how I get on with this but Im still not entirely sure where the 12 working days comes from? on the CCA it just says "within the prescribed period" I cant for the life of me find where it says the prescribed period is 12 working days in an official document. Can anyone help with this??

 

I thought I was almost the only person to have made immature mistakes with money at a tender age, been forced deeper by rediculous charges and bullying, then be punished for several years for it. Maybe not!

[mrsfoot]

Hi and welcome

First of you, you are definitely not the only young person to get into trouble with money, and unfortunately it does take a few years getting out of it, but your on the right road now.

I have found a letter written byu a member on here with regards to a similar situation. Have a look over it.

 

1. You must supply me with a true SIGNED copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

You have 12 days to comply. After 30 days of non-compliance you will be in criminal beach of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

The 12 days are simply added to the one calender month. So if you sent your request on March 1st 2007 they have until March 13th to respond. If they do not respond within 30 days they are in breach of CCA 1974. You can look at the Act here http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/

Hope this helps

[Hall0ws]

Thanks for the reassurance that I'm on the right track mrsfoot, just a matter of sitting tight now and waiting for their reply!