HSBC **Court Action Issued**

[Having_A_Knightmare]

Many thanks Rory:)

[Having_A_Knightmare]

Hi

 

Just checked my credit file and the two accounts are shown as settled...

Weird!!!

[Having_A_Knightmare]

Hi

 

Just an update

 

Just checked my credit file again and they have disapeared...

 

Any Ideas

 

RO

[Having_A_Knightmare]

Hi all

 

Well Autumn here (have we had summer!!)

and there 12+2+30 days are up and I am going to send this:

 

xxxxxxxxxxx@consumeractiongroup.co.uk

Dear Sir or Madam:

Re:

Clients Reference

 

Thank you for your recent letter sent to me dated xxAugust 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated xx July 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until xx July 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, pass the account on to another collector, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on xxJuly 2007 and subsequently committed a criminal offence on xx August 2007.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I look forward to your reply.

 

Yours faithfully

 

 

Thanks to who ever posted it first great letter!!!

[Having_A_Knightmare]

Hi all

I couldnot wait anymore so I had to write these a letter.

I wonder what there reply will be>>>>

keep Watching:D

RO

 

Dear Sir or Madam:

Re: my request under s78 of the Consumer Credit Act 1974.

Thank you for your recent letter sent to me dated xx August 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated xx July 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until xx August 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, pass the account on to another collector, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on xx August2007 and subsequently committed a criminal offence on xx September 2007.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I look forward to your reply.

 

Yours faithfully

[TheVindicator]

Go Go Having a Nightmare! lloyds tsb are pretty poor at record keeping, and timekeeping i might add.

[Having_A_Knightmare]

Thanks Vindicator

 

As you can see they have sent me an application form:)

 

Ro

[itsamomentintime]

hang on - did LTSB take over Accucard, and send you a new LTSB card?

 

If so, where is the CCA between you and LTSB?

[Having_A_Knightmare]

did LTSB take over Accucard, and send you a new LTSB card?

 

Yes they did....

 

Good point not sure how it works, any ideas

[TheVindicator]

HAK - how it works? anything with lloyds tsb associated with it probably doesnt work. they are the 3 biggest joke of a bank around. (only beaten by hsbc, the worlds local bank, although india is not really that local to me, and barclays, who seem to have strange ideas abotu being above the law). lloyds on the other hand, well, a laugh.

[Having_A_Knightmare]

Hi

 

Got a letter yesterday saying , I am sorry you have cause for complaint bla blal bla..

 

They are going to get back to me within 28 days.

 

Just looked at the form again and noticed that it says Credit Limit will be set at the time and the timing of payment 20 days after statement.

 

Am I correct in thinking this is a valid CCA.

 

HAK

[Having_A_Knightmare]

Hi

Got a responce of these saying we dont need to supply signature bla bla bla. Dont know why they keep on going on about signatures.

 

Sent them a letter back. These are starting to get on my nerves as it couldnot be more an application form.

 

Last try before T/S.....

 

HAK

[Curlyben]

I wouldn't bother responding as you have already told them what will happen.

Take this to TS, do NOT pass GO, do NOT collect your CCA

[Having_A_Knightmare]

Hi CB

 

Ive had some spare time today and already posted it...

 

No doubt I will get the usual signature blag AGAIN.

 

Then its straight of to T/S...My local T/S are going to love me not!!

 

HAK

[ScarletPimpernel]

I am having much the same difficulty with HSBC over a credit card. Finally they admitted that they do not have an agreement, but have stated in writing that they will continue the collection process; indeed, today I received two letters - one acknowledging receipt of my formal complaint of their breaches of OFT guidance and request for evidence of my consent to process data relating to the account - the other letter is a default notice.

 

Looking back over several of their letters, it is clear that they are taking an aggressive and intimidatory line which clearly relies upon the reader believing the nonsense they contain.

[Having_A_Knightmare]

scarlet

 

Thats bad.

 

Are you going to report them to T/S

 

HAK

[ScarletPimpernel]

I'll certainly be contacting TS.

 

I've already served a s.10 notice on HSBC, to which they have failed to respond, so I'll be in touch with the Info Commissioner as well.

[Having_A_Knightmare]

Good luck and keep me posted:D

 

HAK

[conar686]

I'll certainly be contacting TS.

 

I've already served a s.10 notice on HSBC, to which they have failed to respond, so I'll be in touch with the Info Commissioner as well.

 

I'd not waste my time SP, whenever I've contacted the ICO they have advised that if a company fails to adhere to your s10/12 notice then I should take them to court and get an order for them to do so.

[Having_A_Knightmare]

Got a letter today from HSBC telling me they have assigned the debt to Phoenix Collections.

 

They have not supplied me an agrement just a joke of an application form.

 

Any ideas what to write to Phoenix as not had one of these before.

 

HAK

[remus]

HSBC have passed me to them as well, totally ignoring the fact that they have not responded to my sar (don't think they know what it is:eek: )

trawling through the paper work now.

good luck:)

[Having_A_Knightmare]

Thanks Remus

 

has anybody got a good letter I could send to these phoenix clowns

[Curlyben]

LOL one CB s[ecial coming right up

 

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

*- Delete as needed

Enjoy

[Having_A_Knightmare]

Fab letter CB:D

 

i cant believe they sell the debts on without an agreement

 

HAK

[diskmandave]

I've just spent the last 15 minutes searching for a similar letter without realising i'm using the laptop, my letters folder being on the desktop! duhh!!