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overdrafts and charges HSBC & MCS DCA


themagician
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we are not legally obliged to provide a copy of the default notice and are only required to retain a copy of it in our files default notices were issued and it is a legal presumption that a letter properly addressed to the last known address on file is received in due course and this will apply to your default notice

That is what LTSB are telling me too.

They say they have copies but they won't provide them.

 

Sounds like it's time to complain to the Information Commissioner.

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the legal presumption I believe refers to section 7 of the interpretations act 1978. Which states that IF you can prove that the letter WAS PLACED INTO THE POSTAL SYSTEM them there is a legal presumption of delivery - 2 days for first class, 4 days for 2nd class.

 

If you use a pre-litigation cpr request and ask for the dn then they must provide it

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the legal presumption I believe refers to section 7 of the interpretations act 1978. Which states that IF you can prove that the letter WAS PLACED INTO THE POSTAL SYSTEM them there is a legal presumption of delivery - 2 days for first class, 4 days for 2nd class.

 

If you use a pre-litigation cpr request and ask for the dn then they must provide it

this is the cpr i sent to them so we will see what happens ,cheers:D

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  • 3 weeks later...

well well welll! hsbc have just sent a letter saying " we do not have a copy of an original agreement" but you did agree to pay us £50 per month.

in their dreams ,looks like this one is dead and buried.

is there any library letter i can now send them to tell them to go and get f***ed and close their acc.

HAPPY NEW YEAR ALL CAGGERS:D:D:D:D:D

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any one help please,the only address i have for wescot credit services ltd, is a P.O.Box no 137 in hull, do they have an alternative address so when i send my bemused latter to them,as they are trying to chase an acc. in despute with hsbc/metropolitan collection services from 03/09.i will have proof of delivery as i wont get that with a po box will i ?.:confused:

that was easy, as soon as i told wescot in my letter that i was dealing with my daughters acc and only directly throught me they dropped it like a brick as they said they would not deal with a third party.

Is that a back door opening to stop some dca,s in their tracks as it did wescot!!

things are looking up

HAPPY NEW YEAR ALL CAGGERS

remember cull carthorse in 2010.

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well well welll! hsbc have just sent a letter saying " we do not have a copy of an original agreement" but you did agree to pay us £50 per month.

in their dreams ,looks like this one is dead and buried.

is there any library letter i can now send them to tell them to go and get f***ed and close their acc.

HAPPY NEW YEAR ALL CAGGERS:D:D:D:D:D

pmsl.....Happy new year magcian ;)

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This is EXACTLY the type of thing that has been annoying the CSA - people on CAG congratulating each other on avoiding debts. What a shame, poor little bank:D.

 

Well done magician, I believe there is a go forth and mutiply letter in the templates

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sorry just been in the library but i couldnt find it ,unless i need glasses !!!! owe i wear glasses ooops.if its there what no. is it please.

 

 

have a modify of this one

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

I'm SURE you can magic up a variation on it. You are basically saying I will happily pay you £50 pcm when EITHER the moon turns to cheese or any alleged agreement turns up, until then I do not recognise nor acknowledge any debt to you. If you disagree then kindly take me to court or SHUT UP:p.

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