hsbc have cancelled my credit card without any warning?????

[Chalkitup]

Hello malissa7999,

 

Sorry to point this out .... but your name is on the letter still!!

 

Would be best to remove that!!

 

 

Onwards and Upwards

 

 

Chalkitup

[Guest malissa7999]

Hello malissa7999,

 

Sorry to point this out .... but your name is on the letter still!!

 

Would be best to remove that!!

 

 

Onwards and Upwards

 

 

Chalkitup

 

thank you for the swift observation:)!!

ive just spent nearly 2 hours with the dam pc and scanner, and slow photobucket,..i feel so stre:(ssed

thanks again,i just removed my name.

[foolishgirl]

Have you withheld any payments yet? i.e. are they likely to have marked your CR files with a default?

If not, I think maybe your idea to carry on paying normallly & leave this matter alone until you've got your car credit in the bag could be good. At least that way you'll get your car OK.

 

However you should be aware that if/when you resume any corresp/action on this they will prob. mark your files with the dreaded default that you may find difficult, if not impossible to remove, & that may stay there for a further 6 years.

 

You may like to read more on default removal etc. befor making a decision. Theoretically it should not be a prob. to remove a default when there is no properly drafted CCA in operation, however you will see that in practice, it doesn't work like that!

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

[Guest malissa7999]

Have you withheld any payments yet? i.e. are they likely to have marked your CR files with a default?

If not, I think maybe your idea to carry on paying normallly & leave this matter alone until you've got your car credit in the bag could be good. At least that way you'll get your car OK.

 

However you should be aware that if/when you resume any corresp/action on this they will prob. mark your files with the dreaded default that you may find difficult, if not impossible to remove, & that may stay there for a further 6 years.

 

You may like to read more on default removal etc. befor making a decision. Theoretically it should not be a prob. to remove a default when there is no properly drafted CCA in operation, however you will see that in practice, it doesn't work like that!

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

 

thanks Foolishgirl.

yeah ahving thought about it and experiencing 6 years worth of hell, not too happy to be going down that route again i tell ya!

i havie missed one months payment,.. so i think at worst they will have me as missed payment on my file,..they havent served me any default.....yet!... i will certainly resume payments,...then when i have my car credit in january 2009, i may review the sutuation,...maybe i will apply for another credit card!

 

do you think they will still be able to charge me interest??

if so, do you know of any letter where i can write to them asking them to stop charging interest,..

 

thanks,..im so not happy about having my hands tied by these big organizations, it makes me so mad!!

[foolishgirl]

They will still charge you interest unless you put the account in dispute (& even then sometimes too!). However if I understand you correctly, you really don't want to do that at present (cos of default situation) so it's catch 22 - you're stuck with the interest unfortunately. Would suggest just making the min. payment necessary, that way they can't default you & you're not paying anymore than you need until you start the CCA etc. process again in January +.

 

Have you ever had any late payment charges etc. on this account & not claimed them? If so, you can reclaim all those immediately & that would reduce your balance.

[Guest malissa7999]

i dont understand how they can close an account, when the interest charges where part of an agreement that they have chosen to end, without sending me any termination notice,... the above reply to my cca, is it just a load of rubbish what they have sent me??...or have they got me screwed over with the info they evidently have what they have supplied to me?... i want to know and understand basicly to what extent am i screwed with the recent info above they have sent me?.... or is it them who are screwed?

 

i hate hsbc aaarrrrgggghhhh!!:-x:-x

[foolishgirl]

I think you'll prob. find that in the T&Cs, when the account is closed, the balance becomes due immediately (forgetting for a moment the situation with the required notice etc). However I am assuming from what your posts that HSBC have agreed to take monthly payments until the balance is cleared - is that correct?

 

I do empathise with you - it's v. frustrating that the big boys seem to think they can get away with anything & you'll sit there & take it. However if you choose not to put the account in dispute (& thereby not risk defaults) as I understand it, I think you have therefore little choice but to go on with the payments until such time as you choose not to pay them eg. in 2009 after you have the alternative credit in place that you want or they pass the debt on to a DCA for collection , which is a possibility you must consider. BTW if that did happen you could then defend on the CCA issue etc.

 

However what if you challenge/agree with HSBC on no further interest being added as they have closed your account without notice ie. along the lines PT suggested above, letting them know they are in the wrong but that you will, in your benevolence!! agree to them closing the account on condition they do not add any further interest to the balance & accept monthly payments of £xx until balance is clear? My guess is they'll try to insist but if you put it all in writing you've then got the 'evidence' if/when it comes to 'settling' or legal proceedings at a later date.

 

PS. Don't get mad, get even - on your terms!!

Edited August 17, 2008 by foolishgirl
addition

[Chalkitup]

Hello Again,

 

The "agreement" they have sent you is totally unenforceable and as such you could stop all payments.

 

However as foolishgirl points out ..... because you wish to get new credit in 2009 you would be very unwise to stop paying as you would be defaulted.

 

I have to say that because you want new credit in 2009 I would be inclined to do as foolishgirl suggests and go on paying and try to get the interest reduced or stopped on the grounds mentioned.

 

Just one point ..... in the "agreement" you received you have signed to agree that "you do require cover under the Cardholder Repayment Protector" ... .... it then says you authorise them to debit your card with the monthly premium until you authorise them to stop .......

Now I may be wrong here ..... but someone will soon correct me ...... but that is a type of PPI I believe ......

 

Did you have a choice to have this cover or were you told it was mandatory as the card holder was also told in this thread ... where the holder got his payments back .... well worth a read .... http://www.consumeractiongroup.co.uk/forum/hsbc-bank/110221-hsbc-goldcard-cardholder-repayment.html

 

I do not have much knowledge of Cardholder Repayment Protector but it might be a good idea to try and stop paying it now and that will lower your payments a little.

 

Also perhaps another Cagger can advise if you have been mis lead into having this insurance and what you should do etc etc. But of course if you take action it will again "rock the boat" with HSBC.

 

Onwards and Upwards

 

Chalkitup

[johnnymitch]

Hi again Malissa - I think this link to reclaiming PPI may help :

 

 

Reclaiming PPI

http://www.consumerwiki.co.uk/index.php/PPI

 

IMHO , 'rocking the boat with HSBC' is what it's all about.

 

Chalkitup says the agreement is unenforceable. It would help if he/she could enlarge on why they think so . Then you could argue it's unenforceability.

[Guest malissa7999]

thanks again guys !!

 

isnt there a section in the cca 1974, which says if they are in default regarding sending out a properly executed agreement with prescribed terms they are not permitted to claim interest on the debt, is this correct ?..if so does anyone know which part of the cca 1974 this refers,?...and any tips on what to put in a letter to hsbc, referring to this fact?... i dont mind paying them back,..but why should they continue to add on interest esepecially now they havent got a proper cca agreement..

 

thanks for advice everyone;)

malissa

[johnnymitch]

Hi malissa .

 

First, it may be a good idea to check this out just to be sure :

 

Is my agreement enforceable?

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

If you are convinced that this is the case then you need a letter something like this (suitably amended ) :

 

Credit Card Formal Complaint Letter Before Action

Dear Sir/Madam,

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

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 compliant credit agreement is a very clear dispute and as such the following applies.

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

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

* may not pass the account to a third party.

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

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

Therefore this account has become unenforceable at law.

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

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

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.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully

[Guest malissa7999]

Hi, Johnnymitch,

 

thanks for that very useful letter,... im not sure if its enforcable or not,..this is all they sent to me(above),... i have been told its not enforcable,...im not sure what are supposed to be the 'prescribed' terms for a credit card???

 

im going down the PPI claim route,..hopefully i'll get abit back off that,...

[Chalkitup]

Hello,

 

It is not enforceable if that is all they sent you.

 

The link johnnymitch sent you shows prescribed terms and I can not see any on the sheets of paper you have been sent.

 

As I said a few posts ago ... it will rock the boat by sending the above letter or starting to ask questions about PPI and Interest payments .... which is exactly what Caggers like to do but you on the other hand are after credit in early 2009 ..... HSBC will take action in one form or another on receiving your letter ....... as foolishgirl pointed out in post 45 .... you must now decide which route to take!!

 

Onwards and Upwards

 

Chalkitup

[johnnymitch]

Hi chalkitup - thanks for that enlightenment....

 

Surely if this account is in dispute they are not allowed to take action in any form until it is resolved..........(see my template letter above)

[Guest malissa7999]

hi,thanks,..

 

yeah i suppose ure right, i just wanted to freeze/stop interest being added onto the account,whilst i still continue to make the minimum payments,..untill i have obtained my credit... they have told me that they are still continuing to add on interest,..which im major p********* off about,..

 

also when i challenge them about not sending me any notice of termination,..before terminating my account on the 23rd july,..they keep referring that they sent me a letter out the same date as they closed my account, just asking me to return my card,.... i thought the idea of notice is that they tell u before the account gets closed?..

 

also isnt it supposed to be in a certain prescribed format??

 

all they sent me was a letter telling me cut up my card and send it back, as i am no longer permitted to make use of the facility,... no notice was recieved informing that it was there intention to close the account...

 

im fed up, and cant wait to get my new credit in place so i can take these ass's to the cleaners!!

[Guest malissa7999]

...just a quickie,..please some advice on how i stand here...

you know how i owed my bank solo account £57.94p... i paid this with my halifax bank card at the beginning of august,..today i called hsbc and the advisor told me that my money went into my hsbc credit card, and then they had to pay the money from my credit card back into the solo account where it should have gone from the beginning!!...

 

i am asking for a S.A.R,..so if it shows up there, have they done anything wrong here?..that i can get them over a barrell:D... i loathe them all:-x

[Chalkitup]

Hi chalkitup - thanks for that enlightenment....

 

Surely if this account is in dispute they are not allowed to take action in any form until it is resolved..........(see my template letter above)

 

Yes that is quite correct ......

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

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

* may not pass the account to a third party.

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

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

But as we know .... it does not stop them doing it!!!

 

Onwards and Upwards

 

Chalkitup

[Guest malissa7999]

your right,..the law is an ass!..and despite having these acts of parliments in place, organizations like hsbc continue to please doing whatever the heck they want!!..

 

while it really gets up my nose,..i dont think i have any option but to continue making the minimum payment to keem 'em sweet, till i gat new credit,..it just makes my blood boil that the law says they cant do certain things and they do it regardless, and then the law makes our life bloody dam difficult trying to get justice done!..

 

i am definately going to SAR them,..i dont see how they can default me by asking for this info,..then the next few months while im making them the minimum payment i will work out the interest i have paid over the years, and then when i am ready i will ask for this interest back, ..as they would have had no right charging me interest on an agreement that isnt even properly prescribed, and cannot be enforced as a result,.... hopefully by the time i am good and ready to bust there ass's i will be pretty well clued up,..... however wont it go against me that i continued paying onto the account, even when i knew it was unenforcable, then i decide months later to stop??

 

i dont think i will write to them either about freezing the interest, cos i would have to agree in writing that either the account is in dispute(then risk recieving a default)... or write agreeing to continue making payments providing the interest is frozen due to the fact they do not have an enforcable agreement(which may go against me if court action is brought about)..any advice on my thinking???

 

thanks all:-)

[Chalkitup]

Hello,

 

Because of the circumstances in this particular case I think what you are planning to do is correct.

 

Regarding paying them still .... that will not be a problem.

Anyway it does not make any difference legally because at anytime you can do a CCA request to check the creditor can legally collect the debt / balance.

 

Any reason why you need to do a S.A.R - (Subject Access Request) yet?

 

Onwards and Upwards

 

Chalkitup

[Guest malissa7999]

Hello,

 

Because of the circumstances in this particular case I think what you are planning to do is correct.

 

Regarding paying them still .... that will not be a problem.

Anyway it does not make any difference legally because at anytime you can do a CCA request to check the creditor can legally collect the debt / balance.

 

Any reason why you need to do a S.A.R - (Subject Access Request) yet?

because im stupid when it comes to figures, and it will probably take me ages to work out how much they have robbed off me,..i really am not good with numbers, and before i do go barging in like a bull in a china shop, gotta check and double check, i got everything correct,...besides they cant refuse/default me this request..i dont think?

Onwards and Upwards

 

Chalkitup

 

thanks

malissa

[johnnymitch]

from chalkitup ....But as we know .... it does not stop them doing it!!!

 

That may be right, but they're in trouble when they do........

 

 

 

,...besides they cant refuse/default me this request..i dont think?

 

You're right they can't Malissa , especially if you send your request 'recorded delivery' , so someone has to sign for it............

[Guest malissa7999]

 

That may be right, but they're in trouble when they do........

 

 

 

 

 

You're right they can't Malissa , especially if you send your request 'recorded delivery' , so someone has to sign for it............

 

 

hi,

 

i have just read and subscribed to this thread http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

 

there is a dam good letter on the 1st post by surlybonds...which i will rpobably end up using.... im thinking of sending them that letter now,.. with adjustments made to, cos they havent defaulted me yet,..but it sounds proper good, serving them notice to quit proxcessing my data..

 

thanks

malissa