HSBC CC Claimform

[Isiris]

DPA sent today under Special Deliver Next Day B4 1pm

 

These accounts have had CCJs

 

Applying to court for a set aside order

[Isiris]

Your item with reference as delivered from our EAST LONDON Delivery Office on 02/06/06

[Isiris]

Though I would just send them a little reminder.

 

 

On 1st June 2006 I sent by special delivery, a request for a list of all transcations and charges on my account.

 

The adress used was

 

Ma Alan Pretty

Senior Service Quality Officer

HSBC Bank PLC

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

 

It was revceived at 7.05am by PAM BAKER

 

I note with interest, that while HSBC have been on posseion of my request now for 18 days, you have not cashed my cheque. Considering that there is an enforced Time Limit of 40 days, I trust that I will receive my request in a short period of time.

 

Regards

[Janet-M]

They have 40 days to comply not cashing your cheque does not have any bearing on this.I would not contact them again until it comes to 7 days before the deadline and only then send them a reminder if you have not recieved your papers.

[Isiris]

Not received anything and they still havenot cashed the cheque. What would you advise as a text for a reminder.

 

Thanks

[Janet-M]

Just write a short note saying on xx date I sent a SAR you had 40 days to comply , I would like to remind you that you have xx days left .

 

just short and to the point .

[Isiris]

Many Thanks

[Isiris]

Right, there 40 days is up as of today

 

I phoned yesterday and left a message informing them I will pursue and a lady phoned me back. I explained the situation and said, not having a go at you deer, but I want them by tomorrow or i will go to court.

 

Now I am a bit vague here as to what to do. I have looked around but there seems alot of scenarios to deal with. ANY advice would be appreciated

 

Thanks

[Isiris]

I have just had one of there telephone operators in turmoil. I nearly felt sorry for him at the end.

 

He said, that they had not received my request. He did however say that they sent a letter to me on 21st June 2006 saying that they had not received my letter but would send me out Statements. All ok up to now.

 

He said they sent them on the 21st June 2006 to my spanish address LOL

 

I said ok, I will give you 7 days from now to supply them to me but I am amazed that you ignore my emails. i have sent them to Alan Pretty and Paul Beaumant he then said oh they dont receive emails, they are for internal purposes only, if you sent one to them they will just ""GET LOST IN CYBER SPACE". Are you sure I query, yes definately.

 

OK then, if you say they get lost, how can you have written me a letter on the 21st to tell me you havent received a DPA when the only way I have communicated to you is vis A pretty and P Beaumants email address. If as you said they didnt receive emails, then how were you aware of my request if as you say you didnt receive my recorded delivered letter.

 

I could hear the coffee splutter from here

[maverik1979]

lol , i can picture the scene

[Isiris]

I have today received a Court Summons form HSBC for a disputed debt. Fine, saves me having to go through the LBA etc

 

HOWEVER, it sayds, Solicitors Costs, 70. I thought you could not recover such costs. If you can recover an amount pro rata to the claim, should we or can we

[Jakena]

Actually I'd be interested in this too as I 've had a warning letter saying they will take me to court if I don't contact them ( I have they just mislaid my letter so I am sending another). This letter has included on it what the court costs will be etc and it has an £80 solicitors fee.

[Glenn UK]

i think you will find those costs are not related to issuing the court proceedings assuming its in the scc.

 

Its for debt collection probably, could be wrong but i have seen on the tv numerous times where the company recliaming the debt charges the debtor for the costs of doing so.

 

However, in the scc they cant claim costs generally. be interested in any other views i think its important to specify exactly what the cost is listed as for anyone to comment correctly.

 

Glenn

[Isiris]

Glenn UK said:

i think its important to specify exactly what the cost is listed as for anyone to comment correctly.

 

Glenn

 

Glenn

 

It says Solicitors cost, 70 ?

 

Anyone know this please

 

Anyone please

[mcuth]

Just help a little more please

Is it actually a court-sealed N1 form with the bottom right hand boxes saying "Amount claimed", "Court fee", "Solicitor's costs" and "Total amount"?

How much is the amount claimed?

 

Cheers

 

Michael

[Isiris]

Hi

 

Im actually contemplating asking for the claim to be struck out as the particulars are slim to say the least

 

The claimants claim is for the sum of 563.49 in respect of monies due under an agreement in writing and the claimants claim the sum of 563.49.

 

This is for an HSBC CC all with charges. No claim for section 69 though. That is the extent of their claim

 

Now to answer your question

 

Amount Claimed 563.49

Court Fee 70.00

Solicitors Costs 70.00

Total Amount 703.49

 

 

So they are including in their claim 70.00

 

Not tooo bothered as I say because I will either issue a counter claim or ask for it to be struck off OR ask for the original copy of the CCA. Yes it is court sealed from Northampton

 

Thanks in advance

[Glenn UK]

Somehting in the back of my mind seems to tell me they can claim for the cost of issueing the claim but not for the rest of it i.e. preperation for court, negotiations etc.

 

Cant think where ive heard this though.

[mcuth]

Yeah, I'm not too sure either Glenn.

I'd have said that they shouldn't be allowed solicitor's costs for a claim in small claims (which clearly £563 is ) - maybe check with the court? If there's a clause in your agreement that allowed them to pass litigation costs on to you, then I'd have expected them to add that to the amount before filling in the N1.

 

If you've got more charges to claim back than the debt, then (IMHO) this would be a good time to put them in a counterclaim.

 

Cheers

 

Michael

[hagenuk]

In Gomba Holdings (UK) Limited v Minories Finance Limited (No 2) [1972] 3 WLR 723 the Court held that the Defendant mortgagees had a contractual right to recover costs, charges and expenses incurred in the litigation on an indemnity basis.

 

They have a contractual right to add litigation costs and there is little scope to argue that the litigation costs are unreasonable or otherwise punitive - in particular if they can show that this is what they have been billed by their solicitors.

 

£70 is not unreaasonable to file a claim such as this.

[Isiris]

I have just returned from Holiday.

 

HSBC card services had issued a claim for money owed against me but I counterclaimed saying that they owed me alot more from charges.

 

There solicitors, GPB, then sent a consent order saying they would wipe of the debt if I forgot about my counter claim.

 

I sent in a CCA request and heard nothing. I therefore sent in a request to have the claim struck out as no CCA aggreement, no claim.

 

The hearing was on 12th Feb while I was away.

 

While away, I received a witness statement and a list of all the payments that I had made but the important part was

 

A copy of the agreement is no longer available. The copy agreement was destroyed in May 2006. It is HSBC policy not to retain documents and records for longer than necessary in line with the Data Protection Act 1998. As such, HSBC retain documents for a maximum of 6 years.

Now I do not know what the judge has said or ordered as I have received no notification from the court, But surly that statement is a load of rubbish.

 

1. The Data Protection Act does not say destroy everything after 6 years.

 

2. If you are actively chasing the debt then surly it is better to protect your interests by saving all the documents.

 

They also say in their statement that the account is subject to the Consumer Credit Act 1974.

 

I can feel an appeal coming on

[ladybird17]

Hi. I don't understand this - how can they prove there is even an Agreement in place if they can't produce one? (

Have you read the Consumer Credit Agreements thread? )

 

- Notwithstanding the fact that they probably wouldn't be issuing you with another card as they are claiming against you, S85 of the CCA states that card issuers must send you a true copy of the originally executed agreement every time they send you a new card. So if we look at the scenario whereby neither you or HSBC had any dispute with each other, and your account was running satisfactorily, when they issued you with a new card on expiry of the current one, how could they satisfy S85 if they have destroyed the original agreement?

 

I think they are in breach of....well just about everything! I have linked this post on to the CCA thread - and I'm sure some of my learned friends over there may have something to say as the day rolls on!

[zubo]

I have just returned from Holiday.

 

A copy of the agreement is no longer available. The copy agreement was destroyed in May 2006. It is HSBC policy not to retain documents and records for longer than necessary in line with the Data Protection Act 1998. As such, HSBC retain documents for a maximum of 6 years.

 

 

I spotted this in another thread. They are trying, badly, to use part of the Data Protection Act designed to protect you which states that nobody can hold your personal records longer than necessary.

 

mmm think a judge would destroy that argument very quickly....

 

as ladybird says, go to the main CCA thread and see what we are all doing: you need to send them a default notice and begin your claim for Consolidation - your claim will be bigger than you expect - which I suspect was their clever reason to offer to backoff....

[m55dlc]

Lets get this straight, the piece of paper in question is not a piece of personal data, it has many more ramifications than that. It is a legal contract (agreement) between you and the bank and that if they decide to destroy it, they are breaking the rules. A credit card or loan last much longer than 6 years. Hey, I'll try that arguement with the mortgage company 'what mortgage, surely you must have destroyed everything by now? Under the Data Protection Act you are obliged to. Hasta la vista debt, free houses!'

 

In fact, lets go further than that, lets use that statement to get everyone with an HSBC credit card to stuff the balance and claim back all interest paid as they don't hold agreements longer than 6 years.

 

I wouldn't bother appealing, I'd just tell them that you're going to the press with it!

[rosierose]

Hi Isiris

 

The Data Protection Act is a bit woolly with regard to retention periods, true.

 

They do have an obligation to hold data for 5 years by the money laundering regulations in the form of transactions, copy ID and sig's.

 

 

I believe, there is also a requirement to hold data all for 6 years by the Basel II accord (though I'm not entirely sure whether the relevant "column" has been passed for action yet).

 

 

And as a firm listed on the US stock exchange they are subject to the Sarbanes Oxley Act, under which they must hold data for at least 7 years post IRS audit. It is slightly unclear exactly what data they are required to hold under this act as a foreign firm, I will try and find out though.

 

 

Hope that’s of use to you.

 

 

Rosie

 

 

BTW, if they are still processing your data without a signed agreement giving them authority, I would be inclined to ask them to stop forthwith. IMO no agreement + personal data processing = breach of the Data Protection Act (HSBC have removed a default from my file using this argument)

[ladybird17]

I've had my HSBC card for years & years, so I'm just going to put my £1 cheque in an envelope with a CCA request and see what they say.