Hsbc Debts

[julian1968]

Thanks JSA

[Guest jsa12]

I have the original signed agreement with me (posted here and judged as not having the prescribed terms within the four pages)

i have a feeling this is what they are doing,sending out enforceable type agreements which are nothing like the originals' in the hope this will then be sufficient.

 

they have sent me a cca and terms and conditions that do not relate to the card i was issued with in terms of name and a cca that i have never seen in my life,this is the second time the hsbc have been caught,obviously the intention is impossible to prove however whats presented always falls in their favor not the "debtor's".

 

this is extremely serious misrepresentation and falls foul of cputr and other breaches of the cca act and oft/and csa codes which they claim to a member of.as they are not halting collection activities while there is a bona fide dispute,the former being the most serious.there may well be others too.

 

http://www.e-lawresources.co.uk/Misrepresentation.php

[julian1968]

Its been quite a while since my last post on this matter and to date I have received no copies of credit agreement and letters from HSBC and DG solicitors have stopped.

 

I am however receiving demand letters form various debt recovery companies (not sure if on behalf of HSBC or debt sold to them which is wrong with an account in dispute).

 

I usually just ignore these letters. But I am wondering if I should put together a 'blanket' letter to be sent to these companies; along the lines of 'account in dispute, go back to your client'. But to be honest, I dont even want to spend the money on stamps

 

HSBC are still putting late payment notes on my credit files, so credit is pretty much knackered now. I wonder are HSBC just playing games here as they know they cant enforce the agreement, or is there another reason for sending debt companies to collect, possibly to extend the 6 year and note off credit file rule (Have I got that right?).

 

Also, with the letters arriving regularly from debt collectors, can this be viewed as harrasment and dealt with as such?

 

Thanks again for your help

 

Julian

[johnnymitch]

Hi Julian ,

 

i think it maybe time to send a "blanket" letter to these DCA s .... a "once and for all|" notification (recorded delivery)

that as they have failed to comply with your repeated requests , you will not deal further with them until they comply.

 

I would also consider writing to the Ombudsman , to report HSBC for passing on a debt which is "in dispute" , contrary to regulations .... and for repeatedly trashing your Credit Rating with defaults , also while the account is in dispute ...

 

Have you asked HSBC to remove the defaults? (sorry, I haven't read all the way back on your thread ) . That may be worth a try first , informing them that failure to comply will result in a report to the Ombudsman on both counts ... The FOS likes you to have exhausted all other avenues before you contact them .. so any hard copy evidence willl help ..

Edited August 26, 2011 by johnnymitch
mis-spelt word

[Old Cogger]

Who are the DCAs who are pestering you now? as a matter of interest.

[julian1968]

Who are the DCAs who are pestering you now? as a matter of interest.

 

Mike, I forget all of them, there have been a few and all letters binned. Todays DCA letter is from Lewis dent recovery

[julian1968]

Hi Julian ,

 

Thanks Johnny

 

i think it maybe time to send a "blanket" letter to these DCA s .... a "once and for all|" notification (recorded delivery)

that as they have filed to comply with your repeated requests , you will not deal further with them until they comply.

 

Do you mean blanket all DCA stating that HSBC have not complied with request for CCA?

I would also consider writing to the Ombudsman , to report HSBC for passing on a debt which is "in dispute" , contrary to regulations .... and for repeatedly trashing your Credit Rating with defaults , also while the account is in dispute ...

 

Are there any templates for this at all?

 

Have you asked HSBC to remove the defaults? (sorry, I haven't read all the way back on your thread ) . That may be worth a try first , informing them that failure to comply will result in a report to the Ombudsman on both counts ... The FOS likes you to have exhausted all other avenues before you contact them .. so any hard copy evidence willl help ..

 

I haven't asked HSBC to remove defaults, but this is based on advice here that seemed to suggest that it would be of little use, perhaps it is different when account is in dispute, please advise.

 

Thanks again

[Old Cogger]

Mike, I forget all of them, there have been a few and all letters binned. Todays DCA letter is from Lewis dent recovery

 

Right thanks just wondered, seems to me it is going the rounds somewhat, unenforceable comes to mind without reading all of the thread, I will follow with interest.

[johnnymitch]

[Do you mean blanket all DCA stating that HSBC have not complied with request for CCA?

Yes , and of course point out that they also have not sent any documentation to prove you owe them anything

I would also consider writing to the Ombudsman , to report HSBC for passing on a debt which is "in dispute" , contrary to regulations .... and for repeatedly trashing your Credit Rating with defaults , also while the account is in dispute ...

 

Are there any templates for this at all?/]

I don't think so as such , but if you phone FOS , state your case and ask for advice , they'll advise you of the best way forward and send you a complaint form , which is more likely to be dealt with anyway IMHO..

[julian1968]

Hi Johnny

 

Still not had time to do anything about this yet as I didnt want to rush. I now have the time and want to progress. I just wanted to check about using the ombudsman and Fos, it seems from the information here that these may not be the best route because of underfunding, etc. would you still suggest going down this route as a matter of course perhaps before going down a legal route.

 

Thanks again