This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Yep, that's the3 form I used.

Oh well, it's a nice surprise I guess!

I can't remember...one from the stickies in this sub.

I input the balance, new spend, ppi amount, and it calculates other stuff. It came out at about £300 something iirc - massive difference (in my favour)

I have the statements of account from back when I successfully sued them for the unlawful bank charges back in early 2007 (wow, over five years ago?!) but these don't show the interest rate that I was paying each month, only the actual interest (£ and p).

I've received their letter today, and the sum is broken down thus:

Difference between the actual and revised balance: £6xx.xx

Interest at 8%, calculated up until 17 July 2009*: £x.xx

Basic rate tax deduction on 8% interest: £0.xx

 

Total £6xx.xx

*The account was "passed to recoveries" as of this date.

This figure is really quite different (in my favour) and I'm confused as to why (I have completed the spreadsheets from CAG, and still don't understand why the figure is so much more than I was expecting.

So, I complained to Halifax a few weeks ago, they 'refused' my complaint. I wrote to the FOS, who contacted Halifax on my behalf. Halifax told them that they were going to make me an offer within eight weeks (eight weeks is tomorrow).

I can see in my Credit Card account (being handled by Capquest, but still visible in my Halifax online banking) that they have credited a sum to my account. I don't have a breakdown of what this sum is, but it was ever-so-slightly more than I was expecting.

My question is; given that I had to take this to the FOS and their intervention resulted in Halifax paying up, what am I entitled to in terms of interest?

As an aside, I see this as deliberate delaying tactics on Halifax's part, and fully intend making a formal complaint about this - again involving the FOS if needs be.

Forgive my ignorance, but what is so different about my gf's case that means that you're advising me to find a no-win-no-fee solicitor rather than helping me to win it myself??

Is there something I'm missing?

Sorry if I'm being dumb.

At least Monkey has the answer he was looking for.

Do I?!

It's as clear as mud to me...

Seek declaratory relief and they can never come back at you, its dead as a dodo!!

 

that is the correct way forward,

How do I go about this please?

So, guys, back on topic.

Can anyone advise me as to what to do?

The last word from HSBC was

"At this time we are unable to locate the document requested. However, if required to do so to enforce the agreement we are willing to provide other evicdence that there is a credit agreement and that both parties have serviced that agreement."

This was back on 28th April http://www.consumeractiongroup.co.uk/forum/show-post/post-2133608.html

Any update on this PM??

Would this be an appropriate letter to send at this stage:

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

 

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

 

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

 

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

 

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

 

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

 

 

It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

 

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

 

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

 

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

 

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

 

 

does anyone know whether we can take this any further?

We have been continuing to pay the minimum payment each month, amnd have not spent anymore on the credit card.

We're simply stuck as to what to do next...

Should we have sent a DPA SAR to HSBC? I've only sent the letters copied on this thread, so not sure if I've done the right thing??

Thanks johnny, but yes, been there too!

My issue is that there isn't a step by step guide for this seemingly complicated process.

Also, any idea what HSBC mean by "However, if required to do so to enforce the agreement we are willing to provide other evicdence that there is a credit agreement and that both parties have serviced that agreement." ???

Ok, I've read SMT's thread, but I don't understand much about what he's done??

I mean, I know he took them to court somehow to force them to give him the document,but I don't understand how he went about it...