Fair enough Maroon we dont want the avaricious little turds making even more money by suing us do we. A case of caveat emptor I am afraid It was money I had saved from tax credits and disability benefits to take my 2 disabled kids away for a few days as very soon we will cease to be a family unit due to pending separation (dont want to sound like a sob story cos everyone on here has problems) the only consolation is that due to a cock up with a disability benefit if they had only held their greedy little paws back for a few days they could have had another £600...... the back pay goes in on Monday....... and it goes into a joint account which they cant touch so every cloud and all that

A stark warning if you go into dispute with a bank over a credit card close your accounts and move to a different bank. 2 years ago HSBC tried to fob me off with a blank CCA despite sending them the account in dispute letter in Oct 2008 and various other correspondence with their in house collection services Metropolitan and D G solicitors, I finally sent the final response letter to D & G in April 2009. This morning I woke up to find that the money I had saved to take the kids away had vanished. After spending all morning on the phone to various departments and visiting my local branch ended up at a complete impasse with metropolitan. The impasse being: Them: "The agreement you signed allows us to do this" Me: "The agreement you cant prove I signed you mean" after half an hour of this going round in circles I gave up . More fool me for assuming that HSBC would comply with the law.

All Standard procedure Yousef, if allied start harrasing you just ask them why they are bothering as HSBC have failed to comply with your lawful request under the CCA. HSBC are also breaking the regulations by passing on the account while in lawful dispute

and then they will throw in the heavies.............. DG solicitors.............. OH wow they actually share the same post code with metropolitan............... I am not sure that the matter is closed yet but is there a letter i can send asking them to "put up or shut up"?

In my final response I did mention their "unique & imaginative" interpretetation of the CCA 74 I had also repeatedly asked them if they still held the original agreement and to confirm such in writing.............................funnily enough they never replied to that bit

I am in the same boat with HSBC and a blank agreement, although a lot further down the line with them. No matter what you say they will insist that they have complied with the CCA ( even though they know they have not) they will then bounce you round their in house collection services, at some point when you are fed up of playing their games send them a final response............. they will then pass you onto various outside DCA's just keep all the letters and file them..........if you are bored send the "quite frankly I am bemused" letter and point out that you have already submitted your final response to HSBC. Mine has been going on since August 2008 and I still get the odd letter politely asking for money

after 14 months they finally came up with my agrrement.............un}fortunately it is completely illegible......... I even got a member of their staff to admit (recorded) that it was illegible...... tick tock

In Exactly the same boat as you Corn, nothing since last spring. Mine is even older as it was originally a Morgan Stanley Dean Witter card which was sold to goldfish. I will get back onto Cabot after I have dealt with HSBC ( in its terminal stages) and MBNA (ongoing)

Just Googled Arkell v. Pressdram hilarious am about to give up writing letters to HSBC MCS DG........ they are just ignored time for a final response i think may I use the same case SP?

Ok after 2 letters 2 Metroppolitan no replies........... they have now passed it on to DG solicitors.. who just happen to share the exact same postcode as metropolitan.............. replied with the usual " quite frankly I am bemused" letter added the law society to the people i will complain to added the S10 data protection notice but added "if you have any difficulty understanding the contents of this letter please consult an adult" Me bad lol

Ok time for an update.......... following the death of my father in august everything went on the back burner........ MBNA continued to harrass me but were being more polite........... knuckles rapped perhaps? decided to re start the cca thing with them several phone calls (no security checks) offering a 60% discount or can we discuss your income and expenditure .............. no................ OK can you afford £80 a month? I mentioned my CCA requests............. " Oh we think you are relying too heavily on that" mmmmmmmmmm really seems they are clutching at straws.... get as much as they can before I realise it unenforceable at law

me bad.......... just added at the bottom of a letter to a cca "happy new year........... if you have any difficulty understanding the contents of this letter please consult an adult"

Ok have sent them this: Dear Sirs, Thank you for your letter dated dd/mm/yyyy but only received today. I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with XXXX and has been since Not only is this a breach of OFT collection guidelines, but also in breach of the CCA 74. As XXXX are now in default of my Consumer Credit 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 XXX 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. Please note that I will only discuss this matter in writing and will not speak to any representative of DCA by phone. 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 Which is just a modified template that I found on another thread let's see what they make of that then hey?

As usual many thanks SP

Well they have passed it on to their minions at Metropolitan Collection Services, anyone got a nice threatening letter I can send them back, also another one for HSBC threatening them with everything as they are clearly in breach of several Acts of parliament and various voluntary codes Many Thanks

I got a response from HSBC today as suggested earlier it is the usual, "we have fulfilled our obligations under the cca blah blah blah now please send us loads of money or we will pass your account on to a debt collection agency" (trembling in my boots here..........oh not wearing any boots..oh well) they go on to say that I may escalate the matter to their Q A team and eventually to the FOS what is my next response? Many thanks to all that are helping on this and many other threads

A standard reply I am afraid, from their template library, apparently they try to hide behind some obscure "law of property" act dating from the 1920's where they claim they have bought the rights but not the responsibilities of the debt. Just wait and see what they come up with when the 12 working days are up

This is just a typical DCA fishing exercise, someone with the same (or similar) name to yourselves owes the money............what the Dca's do is mail bomb everyone with the same name and hope they get lucky. Firstly never speak with them on the phone, they are rude and aggresive, as you have found out. you might like to send this letter to them Dear Sir/Madam Reference number: XXXXXXXXXXX You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to (name of original creditor) I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question. I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. I look forward to your reply. Yours faithfully PRINT DO NOT SIGN

Many thanks to everyone for their help I have used 42 Man's second letter as the basis of my response. Will keep you posted when I get a reply

unfortunately the card was originally taken out in 1997......... so, sadly that line of irritating them wont be valid........... more's the pity lol

Thanks, very interesting reading....... looks like I should prepare for a long drawn out battle over this one then

Thanks very much

I am in the process of drafting a letter to them outlining the situation (OK am cobbling together various bits of letters found on this site ) I have noticed they are still charging me interest and late payment fees, so when does an account become in dispute?, is it the day they receive my cca request or after the first 12 days? Many thanks in advance

In July I cca'd HSBC, after some correspondence over my typed signature, I wrote them the excellent " account in dispute" letter from this site. Yesterday I got their response A blank credit card agreement form.............yes a blank one not even my name and address let alone the statutory terms, or my signature or any dates, their reasoning is as follows "Section 78 (1) of the CCA 1974 requires us to provide a copy of the executed agreement if any. Regulation 3(2) of the CCA (Cancellation Notices and Copies of Documents) Regulations 1983 allows that certain items may be omitted from copies including the signature box and signature. Therefore the copy of the Executed Agreement we must supply is a copy, but need not be a photocopy of the signed Agreement. Regulation 7 of those regulations also requires us to provide a copy of the Executed Agreement, as varied, where there is power to vary the Terms of the Agreement, which there is with your Card Agreement, and that power has beenexercised to vary the Agreement, which again is the case with your Agreement." Can someone point me in the direction of a suitably worded reply as to me they seem to be making the law up as they go along They did include other stuff like original terms, latest terms, notice of variation and a signed statement of account............all which seem pretty meaningless without the original agreement.

I believe they are obliged to send you both i.e The T&C in force when you signed the agreement And the current T&C's In my experience many try to get away with just sending the current ones