hsbc cca

[Castlebest]

Just write back saying they are now in default due to non compliance with your CCA s78 request and the outstanding amount is now unrecoverable by them, also that if they dont reply within a further calendar month they will be committing a stautory criminal offence.

 

pete

[Castlebest]

No write back to HSBC card services and state they are in default of your s78 request as above plus you also note they are trying to transfer the debt to a 3rd party which is also not allowed under the CCA. Copy the letter to whoever you receved your reply off.

 

pete

[Castlebest]

will this do?

Dear Sir/Madam

Account Reference:

Please be aware that THIS ACCOUNT IS IN DISPUTE.

 

In response to your letter dated 4 August 2007, I would like to inform you that HSBC card services are in default due to non-compliance with my CCA s78 request, which means that the outstanding balance is currently unrecoverable, this also means you cannot transfer the debt to a third party, or enter any defaults on to a credit register without a signed credit agreement. Additionally if I have not received the CCA by 28th Sept you will be committing a statutory criminal offence.

 

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 completely indefenceable to any court claim that is issued.Furthermore, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

 

I would leave all of the pink bit out, they can look it up for themselves if they need to

Please note:

OFT response to failing to provide agreement:

For your information, the general effects of sections 77-79 requires the creditor/owner(in the case of a hire agreement) under an agreement for (fixed-sum credit, running account credit and hire agreement) to provide the debtor/hirer with a copy of the executed agreement and a statement of account on request.If a creditor/owner fails to comply with a valid request within a period of 12 days(not including the date of receipt of the request) he may not enforce the agreement at all.This prevents enforcement with or without a court order. If a default lasts for a month(for example a calendar month) it constitutes an offence.A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. The name, address and signature of the debtor do not have to be provided. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due). However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise.In summary,

I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE REQUESTED DOCUNENTATION BEFORE I CORRESPOND FURTHER.

 

 

i have noticed that at the bottom of their letter it says 'Payment Services Bereau is a trading style of Metropolitan Collection Services Limited'. does this mean it still belongs to hsbc. im sure i have heard somewhere that they are just their own collections department.

 

Metropolitan are HSBC's debt collection arm, you have been passed to them because you wrote a CCA request and card services are dumping you unfortunatly they cant do that

 

pete

[Castlebest]

You owe HSBC/Metropolitan money, therefore this is a loan and is covered by the Consumer Credit Act... OR... you dont its up to them

 

Techinicaly I think you could tell Metro to stuff off "no agreement no debt" but I think you would be on very thin ice when it did come to court.

 

I think you just write them a letter saying as no termas and conditions governing this loan exist this is how much you can afford to pay per week/month and set it up. you tell them the terms

 

pete

[Castlebest]

I dont think involving the ombudsman would do any harm at all. I dont like the way banks pass on debt to their collection agents without notice and once they have they think they are in the clear.

 

I have exactly the same situation on my Citi Card they passed the debt to a collection agent and have actualy writen to me saying we no longer have a contractual link therefore they dont need to send me any response to my CCA request.

 

Wrong, the limitations act means I can look at anything I want up to 6 yers old.

 

pete

[Castlebest]

I think you need to know the factual base you have, if the commissioner decides the debt is inforceable then at least you can start talking to them about sensible ways to pay it off.

 

pete

[Castlebest]

Lolly no they dont, they employ clerks to look at all the incomming mail who havent got a clue what they are doing. You asked for something it must be an SAR

 

pete

[Castlebest]

Hi Lolly, If the application form has all the terms and conditions that govern the credit agreement printed on it then your probably on thin ice.

 

The one I got sent back was just my signature and a bland statement saying if a card was granted it would be governed by the terms and conditions of the lender and mentioned two clauses in particular by number. They also sent a set of the up to date terms and conditions which were totally different and didn't have clauses with the numbers on the application form so check what you have been sent carefully.

 

Apr's do fluctuate but take the higher one when you are calculating the interest due back on your charges .

 

pete

[Castlebest]

Write back and tell them you cant contact the Financial Ombudsman Service and let them know that the bank has now sent you the necessary paperwork because they haven't .

 

HSBC run this silly formal/informal overdraft system if you ask for an overdraft its formal if you don't and your account goes overdrawn then its informal. It's meaningless twaddle

 

pete

[Castlebest]

When do you need to know Lolly ?

 

pete

[Castlebest]

I think we are working to Freaky and Johnny time

 

pete

[Castlebest]

Hi Lolly you shouldnt allow these phone chasers to get to you they are generaly very low down in the bank's system and are sometimes paid commission for any money they get you to pay up so they tend to be abrasive.

 

Just stick to your schedule of events and HSBC will be paying your debts off

 

pete