They have a facility they call bandit alert. Ask them to set the bandit alert to £60. It is easy for a network to impose this rule it just requires a little more than the usual click of a button on their screen. I am more than certain that they told you that they don't have the facility because the person that you spoke to doesn't know about this facility or they just couldn't be bothered. Good luck

The reasons have been stated as trying to reduce overheads. I have not agreed to the deduction and I am worried now that he may try to just do it anyway. Presumably if that happens I can do something about it?

Hi there, Can your employer request that you work for half salary? The terms of employment remain the same apart from half the money each month. I have been employed for over 2 years and hold a senior position.

Thanks for that willow!! Exactly the same with you then. This must be costing HSBC a fortune instead of just admitting that they cannot provide and that they are in fact in the wrong.

I have phoned the court and they have advised that the claim has been stayed because DG Sols didn't respond in time. Any ideas what I should do now, if anything?? Thanks

Well, it is now over 30 days since I heard anything on this one and I thought that if HSBC Sols didn't reply the claim would be stayed?? Any ideas on what I should do now?? :-?

Hi There and welcome to the site. I think you will find that the money is gone and cannot be recovered. You can try to write to them. However, I suspect that they will have something embedded in their terms and conditions. You may want to try calling the FSA and see if their practice is allowed!! Good luck

Thanks Helios, I have put that in my defence!! Cheers

Thanks BW!! Just like to be sure

When filing a defence is it the done thing to send a copy of your defence to the claimants sols??

Defence is going today!! Surprise Surprise, even after a CPR Part 18 letter they have sent me NOTHING!!!!. I'll send off this defence and when anything else happens I'll keep you posted.

Do you have to use the defence form on MCOL or can you just place all the relevant information into a word doc then print it and send to court? Sorry if this seems like a silly question but I just want to be sure. Thanks in advance.

Bump

The response from DG Sols to my CPR 18 request reads as follows: ----------------------------------------------------------------------- HSBC Bank plc - v - yourself Northampton (CPC?CCBC) County Court We respond to your letter dated xxxxxx within which you request information under cpr 18. In respect of the information requested within your letter, we confirm we have requested the following documents from our client and will forward the same to you once we are in reciept. 1 - Copy of the credit agreement together with the terms and conditions applied to the account at the time the account was opened. 2 - True copies of any default notice sent in respect of credit card number xxxxxxxx together with statements going back 6 years. In relation to the other documentation which you have requested within your letter, we consider that those items are disproportionate to the claim as it stands. In order to establish whether or not the additional documents requested within your letter are reasonable and relevant to the proceedings, we would be grateful if you could advise what issues the requested documentation are relevant to and each head which it falls within. We look forward to recieving your response by 18 Aug 2008. In the meantime we confirm that a request for judgment has not been made. Upon reciept of the documentation from our client, we will forward the same to you and then provide a further 14 days for you to file your defence. Yours faithfully DG ----------------------------------------------------------------------- Here are my questions: 1 - They claim to have requested the information which I have already requested and their client has failed to provide. However, if they were preparing a court case wouldn't their precious client have given them this info first rather than sending them on a fools errand? 2 - Can they decide under a cpr part 18 request that they consider the information i request to be disproportionate? 3 - Should I respond to them? If so any ideas what I should send them? Thanks all

No don't chase them just wait and see what they do!!

Sorry I think I mis-read your earlier post!! However, yes you must send that to Lewis if you have waited 11 months for statements!! How did you request the statements? I am sure that you can find someone on here with more knowledge on the PPI reclamation you seek!! I have never dealt with welcome or had to claim any PPI so I do not have any templates for you to use.

Have you sent off the Acknowlegement of service? If not do that right away on line and you then have 28 days to file a defence!! State on the AOS that you intend to defend all of the claim. Then we can help put a defence together!!

Amend this letter to suit and send it to Lewis Group recorded delivery!! Don't panic!! ________________________________________________________________ 03rd June 08 Dear Sirs, ACCOUNT IN DISPUTE AND PASSED ON TO A DCA Ref No: Dear Sirs, I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with BANK and has been since 29 November 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the CCA 74. As BANK are now in default of my Consumer Credit Act request, 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 BANK for resolution of these defaults and breaches, as DCA cannot lawfully pursue any enforcement activities. If 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. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. 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. Yours faithfully

Thanks Helios, Very interesting, I can't see how a court would their claim seriously if they failed to respond the CPR Part18. Like many other financial organisations they seem to think that they are outside the law and can still play by their own rules!! Bring on the court case!!!

No they haven't sent a DN they have sent an internal communication from their credit card centre to my branch. It is almost an internal memo!! So you can all have a laugh I will try and scan and post it up here.

Send this to EGG!! You need to read the doc and amend by putting in the relevant names and dates. Cheers :grin: ---------------------------------------------------------------------------------------------------------------------------- Dear Sirs, Account No: Re: my request under the Consumer Credit Act 1974 Thank you for your letter dated 4th February 2008, the contents of which are noted. I note that to date you have not complied with my request for a copy of the credit agreement for this alleged debt for which you are pursuing me. The Consumer Credit Act 1974 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. My request remains outstanding. All you have sent is a pre-contractual application form, which does not contain the prescribed terms contained within Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. 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. For the avoidance of any doubt I have included section 78(1) of the Consumer Credit Act 1974, which states… 78 Duty to give information to debtor under running-account credit agreement (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the state of the account, and (b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and © the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor. (6) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. (7) This section does not apply to a non-commercial agreement, and subsections [(4) to (5)] do not apply to a small agreement. Clearly the agreement which was supplied in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement; Clearly this is a situation as described in s78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced. To clarify s61(1) states (1)A regulated agreement is not properly executed unless— (a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and (b) the document embodies all the terms of the agreement, other than implied terms, and © The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are interalia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following— 1.Number of repayments; 2.Amount of repayments; 3.Frequency and timing of repayments; 4.Dates of repayments; 5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced. I will re-iterate that this is clearly not a true copy of the alleged executed agreement between BANK and myself. At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as BANK become compliant with my request. As BANK are still not in compliance with my request I insist that the following takes place with immediate effect All charges levied be removed from the account and further charges cease until such time as BANK comply fully with my original request or such time as a court makes an enforcement order. All entries which refer to missed payments be removed from my credit file. All collection activities by your company cease with immediate effect until BANK comply with my request dated 28th January 2008 or such time as a court makes an enforcement order In addition, I draw your attention to the Office of Fair Trading guidance on debt collection The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states 2.6 Examples of unfair practices are as follows: h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment Clearly your pursuance of this debt falls into this category. What I Require. I require that you send me a true copy of the executed agreement and all documents referred to in it as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such. I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. No other correspondence will be accepted I trust this outlines the situation Yours faithfully,

Thanks SP I am off to court, I have had their papers and done my AOS. I have sent their sols a CPR Part18 request and we will see what they come back with. I am also penning 2 defenses depending upon what I recieve from their sols. The stupid thing about this default thing is that it only appeared on my files when they were about to serve papers?? Something fishy here me thinks!! Then they send me some internal papers by way of a default notice substitute which has my old address on it!! They are just a bunch of incompetant fools!!

Thanks Helios, I have sent a request under CPR Part 18 to there sols. That should pull everything out of the woodwork. They are just chancing it I think but I can add all of their idiotic responses to my file and produce if necessary in court. Any other thoughts much appreciated!!

I am in the process of being take to court by HSBC regarding a credit card. I sent them a letter regarding an improperly served default notice and they claim in their response that: "There is NO legal requirement to keep copies of default notices" and "It is a legal assumption that once a letter is posted it will be recieved" I also question data recorded on my credit file because even though they claim that I defaulted in july 2007 they only put the entry on my file this month, yes a staggaring 12 months later. If that was not bad enough when they recorded the data on my credit file they filed it as defaulted in Jan 2008!!! Their letter offers appologies and states that they have amended the information. Could anyone offer advice on the above?? Thanks

If they do not respond then you do nothing!! Offer no payment and DO NOT speak to them. Why should you jump through hoops when they cannot be bothered to respond to what should be a simple request for information. If they say they are looking for it refer to above, they know what timescales they have to work too. They may threaten legal action ect in the meantime, but there are letters available on here if you read the threads to respond. I have had various reponses from various companies and unfortunately I have found that no two responses are the same. I have complained to the FOS, had some just dissappear from my credit file, and am currently going to court with one CC company. It's all interesting stuff when you get going and once you start to tidy up your finances you feel much better about life. Keep us all updated on how you are getting on.