HSBC - CCA Non Compliance.

[Switch]

I have received HSBCs response to the CCA request I sent regarding my current and Flexiloan accounts.

 

HSBC have sent me the statements for both accounts.

 

HSBC have sent me the Agreement for the Flexiloan account but not the current account.

 

Regarding default notices, HSBC say, 'Unfortunately, I am unable to provide a copy of the default notice served, due to the amount of time that has lapsed'.

 

Incidently, the account was closed 2004, so I think they should have the default notice on file still.

 

My questions are:

 

1. As HSBC are unable to provide a default notice, let alone the signed

Agreement can I get this account or just the default removed from the

CRA's.

 

2. HSBC got a CCJ against me for this account, which I am paying monthly,

where do I stand with having this CCJ removed given that HSBC cannot

provide me with an Agreement or default notice.

 

Any guidance would be appreciated.

[johnnymitch]

Hi switch , welcome to the forum

You could try these two links and see if they are any help to you ....

How to set aside a judgement in the County Court (CCJ)

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/127266-my-mum-hsbc-new-post.html

 

If you need more info or assistance just come back and ask . .we're a friendly lot on here

Edited January 23, 2009 by johnnymitch
Removing font marks ......

[Switch]

Thanks johnnymitch, that was a great help.

 

I shall write to HSBC today and ask them to remove not only the default but the total entry from the CRA's as they have no agreement for the account. I shall start the process today with Court to get the CCJ removed as well.

 

I know this will mean I will not be able to claim back any charges and payments I have made to date under the CCJ are lost, but I would much prefer to get that CCJ of my credit file as this will be of more benefit in the long term.

[Castlebest]

I know this will mean I will not be able to claim back any charges and payments I have made to date under the CCJ are lost, but I would much prefer to get that CCJ of my credit file as this will be of more benefit in the long term.

 

Oh no it doesnt if the CCJ is set aside it is because it was never actualy proved that you were in the wrong so there is nothing to stop you then claiming back your unlawful charges from the bank

 

pete

[Switch]

Thanks Castlebest, that is good news. I will see what HSBCs response is regarding the CCJ removal and if not I will make an application to the court.

[Switch]

I have written to HSBC requesting them to remove all data they hold on the account from both there system and to instruct the CRA's to do the same as they are unable to supply me with either the agreement or default notice.

 

Should I wait for this to happen before making an application to have the CCJ set aside or go straight ahead and make the application.

 

To my advantage HSBC have put in writing that they are unable to provide a copy of the default notice served, due to the amount of time that lapsed which would have been around 2004.

 

Given that HSBC have admitted not having a copy of the default notice, is that enough to support on its own an application to have a CCJ set aside.

 

Any help with this one would be appreciated.

[johnnymitch]

Hi switch ,

 

I think I would wait until they have completely committed themselves by confirming ,in writing , that they have removed your data and advised te CRAs to do the same..... then you'll have a really strong case when you apply for the setting aside of the CCJ ......

[Switch]

Hi switch ,

 

I think I would wait until they have completely committed themselves by confirming ,in writing , that they have removed your data and advised te CRAs to do the same..... then you'll have a really strong case when you apply for the setting aside of the CCJ ......

 

Hi johnnymitch,

 

That makes perfect sense, i'm just keen to get it sorted out but your right wait, then i'll have a better chance of getting the CCJ removed sucessfully.

 

Thanks