(HSBC) MCS Ltd

[mnealio]

Hi Dave

 

all they sent was those docs that i posted and a years worth of statements from the credit card, I did ask for both the credit card and bank statements but they seem to have just forgot about the bank statements.

 

I'm going to have a good read through your thread now dave, thanks for the links you supplied! Any ideas what I would write in the letter? Just because I can get that posted tomorrow.

 

I keep going over the CCA they sent and i can definately see no

 

there is no credit limit

no rate of interest (or apr)

no repayments schedule

no rights of protection

no default charges

 

that you mentioned! I've just noticed that on the first page after the solicitors letter that I posted on the second section where it has facilities and then "mastercard" it says credit limit on the bottom line then further along it says ACCEPT then requested NONE, offered 500, accepted 500 maybes that could be it?

[mnealio]

sorry to go on, what shall I do about the statements that I received? are Credit Card statements differen't to Bank Statements, the reason I ask is because it does not have overdraft charges etc etc, all it has on each statement are:

 

INSURANCE PREMIUM (then £32.00 for example) then further down the page it says SUMMARY OF INTEREST ON THIS STATEMENT

 

Interest on Standard Balance (cash) at 1.167% per month 19.00

Interest on standard balance (purchases) at 1.167% per month 18.70

Total interest charged on this statement 37.70

 

dunno what this means.

[LAN01]

Once again Dave you are a star!!

 

Neal, you are charged different rates of interest for purchases and cash withdrawals. It is usually a higher rate for cash withdrawal. So your total interest charge is made up of the two rates.

 

As Dave has said the agreement is unenforceable as it doesn't meet the min requirements as laid down in the Credit Agreement Act so they are unable to enforce the debt until they can produce a valid document.

 

I would write to them as Dave has suggested and remind them of their obligations.

 

I too am going away this weekend so I will catch up with you next week when I get back.

 

Take care

 

Lan

[mnealio]

Lan, your going to think i'm a reet ferret , firstly thank you for your post, is this letter ok??? obviously i'll change it a bit but i have a few questions afterwards...................

 

 

 

Thank you for the information you sent following my request under the CCA 1974.

 

However, I made a request to you on .... for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a true copy of the actual credit agreement but have only sent me a copy of the initial application form.

 

A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights.

 

I would therefore be obliged if you would send me a copy of that document as soon as possible.

will I also add on that i requested the SAR for the bank account details too and that Iam still waiting?

then will I wait until I hear from them again before doing anything with the charges?

Also sorry Lan, but bit confused about the charges you mentioned?

you are charged different rates of interest for purchases and cash withdrawals. It is usually a higher rate for cash withdrawal. So your total interest charge is made up of the two rates.

so what exactly can i claim back from this?

Thank You

Also if I don't hear from you before have a great weekend! I'm off to Wales to visit the family, not looking forward to the drive here from newcastle.

 

 

[LAN01]

Hi Neal

 

No I don't think you're a "reet ferret"! we have all had to learn this at some time or other and believe me I'm still learning! Which was why I asked for Dave's advice.

 

The charges you can claim back are charges that are added to your account for late payments, going over your limit etc and any interest added onto those charges, if there are any of those on your statement you will be able to claim those back. As it stand at the moment they are unable to enforce any of the debt as the agreement doesn't stand up. So I wouldn't worry to much on that at the moment.

 

With regards to the bank statements, they have 40 days to comply with your request under the S.A.R - (Subject Access Request) you sent, but a gentle reminder wouldn't hurt. Also you can remind them that they haven't supplied you with all your credit card statements.

 

I hope this clears things up a bit, and have a good weekend, I'm off to a family wedding in Edinburgh so really looking forward to it, but not the drive up!

 

Your letter looks fine btw

 

Lan

[mnealio]

Lan again thanks, but now a bit confused over whos dealing with what?

 

When I CCA'd the debt from MCS it was both the bank account & Credit Card (2 seperate account numbers)

 

Now DG are responding with just the Credit Card Account number and not the Bank Account number.

 

I know that I send the letter about the CCA to DG, but do i also remind them about the S.A.R - (Subject Access Request) (bank account) or do I treat the 2 as seperate? and send one to DG and remind HSBC of the SAR of just put it all in one letter and send it to DG?

[mnealio]

Thank you for the information you sent following my request under the CCA 1974.

 

However, I made a request to you on 30/04/07, you received this on 01/05/07 for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a true copy of the actual credit agreement but have only sent me a copy of the initial application form.

 

Be also advised that your statutory time period has elapsed and you are now in default as the required time to supply this has elapsed the 12 working days, after one month from the end of the period allowed you will have committed an offence.

 

As you are now in default NO further action can be taken on this account until such a time as the original SIGNED EXECUTED documents are made available to me and until you supply the correct paperwork you have to cease all recovery action and should not pass any data onto third parties, as the data may be inaccurate and in contravention of the data protection act.

 

A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights.

 

I would therefore be obliged if you would send me a copy of that document as soon as possible.

 

May I also take this opportunity to remind you of the S.A.R (Subject Access Request) for both account numbers that was sent at the same time.

 

Thank You

 

 

what do you think of this?

[davefirewalker]

Lan, your going to think i'm a reet ferret , firstly thank you for your post, is this letter ok??? obviously i'll change it a bit but i have a few questions afterwards...................

 

 

 

Thank you for the information you sent following my request under the CCA 1974.

 

However, I made a request to you on .... for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a true copy of the actual credit agreement but have only sent me a copy of the initial application form.

 

A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights.

 

I would therefore be obliged if you would send me a copy of that document as soon as possible.

 

 

not bad for starters... but I would now certainley put in that the time limit has expired, and they are not allowed to further any actions until they do supply the proper agreement.....etc

 

might just panick them

 

 

Dave

[mnealio]

Dave

 

wow your thread, I wouldn't know whether i was coming or going with everything that your doing! Also I love your letters, no one better mess with you!!!! so glad I got you on my side

[davefirewalker]

Dave

 

wow your thread, I wouldn't know whether i was coming or going with everything that your doing! Also I love your letters, no one better mess with you!!!! so glad I got you on my side

 

 

 

 

thanks

 

glad to help

 

Dave

[mnealio]

This letter sent today (Wed 30th may)

 

Thank you for the information you sent following my request under the CCA 1974.

 

However, I made a request to you on 30/04/07, you received this on 01/05/07 for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a true copy of the actual credit agreement but have only sent me a copy of the initial application form.

 

Be also advised that your statutory time period has elapsed and you are now in default as the required time to supply this has elapsed the 12 working days, after one month from the end of the period allowed you will have committed an offence.

 

As you are now in default NO further action can be taken on this account until such a time as the original SIGNED EXECUTED documents are made available to me and until you supply the correct paperwork you have to cease all recovery action and should not pass any data onto third parties, as the data may be inaccurate and in contravention of the data protection act.

 

A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights.

 

I would therefore be obliged if you would send me a copy of that document as soon as possible.

 

May I also take this opportunity to remind you of the S.A.R (Subject Access Request) for both account numbers that was sent at the same time.

 

Thank You

 

 

 

also what charges do I apply for?

 

what shall I do about the statements that I received? are Credit Card statements differen't to Bank Statements, the reason I ask is because it does not have overdraft charges etc etc, all it has on each statement are:

 

INSURANCE PREMIUM (then £32.00 for example) then further down the page it says SUMMARY OF INTEREST ON THIS STATEMENT

 

Interest on Standard Balance (cash) at 1.167% per month 19.00

Interest on standard balance (purchases) at 1.167% per month 18.70

Total interest charged on this statement 37.70

 

 

not sure what I should work out? do i apply for the "total interest charged on this statement"? or the other interest.

 

They did send me the full statements for the credit card as the account was only 1 year old until my brother started falling behind with the payments.

[sequenci]

by the way: Metropolitan and DG are inhouse to HSBC, they are all owned by the HSBC group.

[mnealio]

thanks sequenci.

 

still needing help on these charges to claim for

[davefirewalker]

what are you trying to claim? is it standard late payment fees, etc?

 

or are you going for all the interest?

 

please be warned that the interest path has not really been tested as yet, though I am having a go and trying it on a bit at a time, learning as I go!

 

Dave

[davefirewalker]

If you are going for late payment, over limit fees etc and want to claim the interest on those charges there is a spreadsheet for working them out........somewhere on here!!!

 

I think VAMPIRESS did them so search on her name

 

Dave

[mnealio]

Hi Dave,

 

Its really anything that can be claimed on the credit card statements I received, apart from what my brother used the credit cards for all that appears on the statements are

 

INSURANCE PREMIUM (then £32.00 for example) then further down the page it says SUMMARY OF INTEREST ON THIS STATEMENT

 

Interest on Standard Balance (cash) at 1.167% per month 19.00

Interest on standard balance (purchases) at 1.167% per month 18.70

Total interest charged on this statement 37.70

 

 

am I not able to claim for any of this?

[davefirewalker]

In standard claims I would say not.....

 

you can claim for any "charges" like for example Late payment fees, over limit fees, you can also work out the interest on these and claim that back. But the standard interest charged you cant claim back............unless the agreement was unenforceable in the first place, but that said it is an untrodden path as yet and I wouldnt want to advise you on something that will be a test.

 

I am however trying it so watch my thread

 

Dave

[mnealio]

my brother decided not to go ahead with the Credit Card charges as the total for late payment fee is only £20 in total, but he is still going ahead with the bank charges, still not received any statements from HSBC and the SAR was sent 30th April so not long to go even though they sent the statements for the credit card.

[mnealio]

 

just received this today, i noticed this is for the bank account and not the credit card.

 

I'm confused about the £10 as i sent a £10 P.O. when I originally asked for the sar for both the credit card and bank account. what should i do?

 

should i write back to them? if so what will i say?

[mnealio]

*bump* .

[mnealio]

bump

[mnealio]

hoping for some advice guys

[mnealio]

bumps

[mnealio]

still waiting or some advice please

[mnealio]

bump