@hsbc_uk_help HSBC Credit Card no agreement what next ?

[johnnymitch]

Hi hotdog .... there are a couple of actions needed here:

 

1. I would write to Experian and point out that this account which they have defaulted is 'In Dispute ' and has been since (the date they said they didn't have a copy of the agreement) ....... they should flag it as doubtful then .

 

2. Report them to FOS for messing about with your account whilst it is 'In Dispute'

 

http://www.google.co.uk/url?q=http://www.financial-ombudsman.org.uk/consumer/complaints.htm&ei=F-ieSuLFAdTq-AbquaDaCw&sa=X&oi=smap&resnum=1&ct=result&cd=1&usg=AFQjCNEyxbcQIVLwc_yBfJS56gI5CyZmQg

 

Thirdly you may wish to consider taking court action as did lee32uk :

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/188794-hsbc-cca-non-compliance.html

 

It's a good thread , lot's of info on there for you ..... but come back if you need more help.....

[Hotdog77]

Hi Johnny,

 

How are you?

 

Been on holiday with the kids hence the long delay.

 

I just wondered if it would be worth my while sending this letter to HSBC? I saw it on castleblast thread and thought it was brilliant.

 

Notice that you have reported data about me, which is inaccurate, and in dispute.

 

It has come to my attention that, on the 5th July 2009 you reported my above noted current account to be in default to the credit reference agencies despite you and your legal representatives being fully aware that this account has been in dispute since my letter of the 22nd April 2009 .

 

You have proceeded to make entries onto my credit file in breach of the Banking Code of Practice, in breach of your contractual obligations and in breach of the Information Commissioner's own guidance. I have included in this letter for your reference, copies of the negative entries you’ve been making to Experian, and will also be sending this to the financial ombudsman services.

 

I am giving you the opportunity to remove this false information from my credit file. Please confirm to me in writing within the next 14 days that you have removed your defamatory comments you have made with a full apology for this act of gross incompetence.

 

I will also be issuing a complaint to the Information Commissioner’s office that you are reporting inaccurate data about me and still to date have not supplied me with the original signed CCA which you have confirmed you do not have.

 

In addition I confirm the negative entries on my credit file are damaging to me. If you do not remove the negative reports you have made and the data reference agencies continue to report this false information I will have no hesitation in issuing further county court proceedings against you.

 

 

 

Yours faithfully

 

I really don't know how to write the letter to the FOS and Experian, any threads to help me?

 

I think court is a good route to take but i'll wait for the outcome from the FOS first.

[johnnymitch]

Hi hotdog ,I'm fine thanks - hope you had a good holiday ....

 

Pete comes up with some good stuff , and this is no exception ... it tells them exactly what you want , but you have to be prepared to follow-through on it if necessary .... i.e. to the court stage ..

 

Just write to Experian , tell them that the account was in dispute when HSBC reported the default , tell them you've written (the above letter) to HSBC and ask them to set n motion the action necessary to remove the default ..... they should query it with HSBC .....

 

As for FOS ,if you haven't started a report to them already, now may be the time to do so ... if you go on their site you can find contact details -

 

contact us

 

and ask for advice ... but don't hold your breath on action ..... they're up to the eyes in claims ........

[Hotdog77]

Hiya,

 

just an update to let you know that i sent

I sent a letter to HSBC to remove default as account is in dispute. I also sent a copy of the letter to the FOS and wrote to Experian explaining that account is in dispute and the defaults s should not have ever risen.

I got a final demand letter from HSBC for the card, over the weeeknd, and if don’t reply within the next 2 weeks they will pass my account to debt collectors.

But the letter goes on to say that they will accept a reasonable final payment offer which is less than the full amount due, in effect we will write off a proportion of the debt owed to them. I’m not sure how to read into this.

 

Please advice

can you also help in sending this to court?

 

 

Hotdog77

[Castlebest]

But the letter goes on to say that they will accept a reasonable final payment offer which is less than the full amount due, in effect we will write off a proportion of the debt owed to them. I’m not sure how to read into this.

Hotdog77

If they pass your account to a DCA (assign it) what they actually do is sell it, from what I have seen the figure the DCA will pay them is around 20% of the debt value so if they can get a little more from you it is worth their while making this offer.

You will have to be very careful how you approach this though because any settlement would have to be "full and final" and they might not want to remove any adverse remarks from your credit record if you don't pay in full.

pete

[Hotdog77]

Hi Cb,

 

Why would i make them an offer when they havnt given me the cca that i've requested, and even when i sent CPR letter, they never even bother to reply. Still to date adding interest and ppi.

 

furthermore, the account is in dispute so how possible could they be passing the account over?

 

i really would like some hlep in taking this to court

 

Pls advice

[johnnymitch]

Hi hotdog ,

 

Further to what Pete says , I would send a copy of their latest letter to FOS, pointing out that this is in blatant contravention of the guidelines for 'Accounts In Dispute '.......

 

Have a look at this link ,see if it helps .....

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/185812-cca-need-help.html#post2254905

[Hotdog77]

Hotdog is livid at the moment…..i put the phone down on hsbc

 

Received a letter from Hsbc saying basically that the account is not in dispute, and therefore they are allowed to default me for non payment, also they will not be putting a hold on the interest that I am paying and have now forwarded the account to dca.

 

Funnily enough, I received a text from card services 2 week ago asking to call them, of which I did. Only to repeat myself as to why I have not been making payments. Again, today I received the same text and in naivety called them, re-explain myself again. And what I did get from them, is re-clarification that card services cannot locate my signed agreement, but they did put In a request to my branch for this documentation only for the branch to confirm that they also cannot locate it, so therefore I must take this up with my branch. WHY? WTF for?

 

If they cannot find the agreement, then what? Am I fighting a losing battle here?

 

I’ve enclosed a copy of the letter they sent me.

 

I need some help in filling out a court claim form pls, if I stand a chance.

[johnnymitch]

Hi hotdog .... your thumbnails are unfortunately indistinct , even after enlargement ... could you post them again please using Photobucket or some other compatible media....

 

Meanwhile , I'm asking another Cagger to have a look at your case before you start to consider court action ... there is a process called 'declaratory relief ' which if obtained can kill all further action by the bank stone dead ... If your situation warrants it .. it's the best way to go ... so hold on for a bit to see if this advice comes through...

 

I'll keep an eye out for a couple of days, but get back to me if you need further progress on this ....

[Hotdog77]

Hi Johnny,

 

thanks for the info, let me know if you an see the attachment now?

[johnnymitch]

sorry hotdog ,I'm afraid not ..... clicking on them doesn't enlarge them enough to read .... and trying to access through a photo programme - I tried Photoshop and Office Picture Manager ...doesn't produce clarity required .....

[pt2537]

in light of the recent Mcguffick ruling they will be allowed to add a default to your credit file

 

however, this is itself being appealed currently

 

if they have not supplied you a copy of the agreement then you may be able to seek an injunction prohibiting enforcement until they do provide the agreement.

 

if they have provided a non compliant agreement then you could look at seeking a declaration pursuant to s142 (1) CCA 1974 that the agreement is unenforceable

 

it all hinges on the documents they have sent you

[RGS1]

When I had a dispute with HSBC they still put a default on my credit report too.

 

I emailed the 'quality improvement officer' directly explaining the situation and the fact I was disputing he had my default and any other adverse marks removed within a few days (without predjudice as an offer of goodwill obviously).

His email is Maichaeleasthope@hsbc.com.

 

Might be worth a try if you run out of options.

[johnnymitch]

Hi RGS

are you sure that shouldn't be :

 

Michaeleasthope ... seems there may be an extra 'a' in your e-mail address?

[RGS1]

Yeah sorry that is an extra a lol its Michael.

[johnnymitch]

Thought it looked funny RGS ... but thanks for the link .... that's handy to know .... so that's :

 

michaeleasthope@hsbc.com

 

There you go hotdog .......

 

 

btw PT2537 -many thanks for your help on this --much appreciated ..

 

.

[Hotdog77]

Hi PT2537 + BTW,

 

HSBC have not suppllied me with the signed aggreement as requested many of times, however, they did send me a blank copy of an aggreement form, stating that they were in the right to send that to me. I hope this makes sense. So do i request an injuction? how?

 

I must apologise as i have no internet at home, so i can only use the work one. I've made the file bigger, so you may now be able to view the attchment.

[Hotdog77]

...... i really need some help here JM. they've now forwarded my account to Metropolitan

[johnnymitch]

First off , I wouldn't worry about Metropolitan , hotdog..... they're nt a real DCA .... they're only HSBC's In -house collection department .... if they send you anything , come back and we'll cobble a letter , telling them that the account is in dispute and that they should hand it back to HSBC (down the corridor .LOL! ) .......They probably won't , but at least you'll have let them know that you know the rules.....

 

btw .... sorry I'm still not getting a clear picture of your attachment hotdog .... so can't comment at the moment ..... but don't worry about Metro.. take your time and see if you can get the letter posted so that we can read it ....

[Hotdog77]

Hi Jm,

 

I love your approach, its put me at ease (a little) haa. Please let me know the address i can send the letter 2, as hsbc have written enother one, and i'd like to send them both. please advice the address and contact, snd i'll try to arrange it today.

 

Tnx

[johnnymitch]

there's Metros address hotdog .. (it's actually HSBC'c Birmingham HQ )

 

Metropolitan Collection Services Limited

Debt Recovery Specialists 56 St James Road, Edgbaston, Birmingham

and HSBCs wants to go to Leeds........

HSBC Bank plc

Senior Service Quality Officer

Arlington Business Centre

Millshaw Park Lane

Leeds LS11 0PP

 

Recorded Delivery for both of course

[Hotdog77]

Hi JM

 

Ok, so im at my sisters coz i can't drive in the snow now, so i've typed out the letters received from our famous freinds as HSBC.

 

The 1st letter goes

 

Letter dated 3rd Dec

 

Please consider this response to be the banks response to both your recent email and the communication from the FOS.

 

i acknowledge your concerns concerning your credit card account to be in dispute under section 78 of the consumer credit act. However the bank has provided you with the required documentation in relation to section 78 of the consumer credit act and as such your credit card account has not been rendered unenforceable. Please be aware that the banks final posistion on this matter has been clarified, as per our letter dated 26th May 2009.

 

As your credit card account is not considered to be void, you are still required to maintain the contractual monthly payments.

having checked your credit card account, i can see that the previous 8 minimum required payments have not been satisfied correctly. Therefore, the banks collection procedures have continued correctly as as suck i am unable to agree that any bank error has occured in issuing a default notice to you on 29th September. With regards to the interst applied, the bak is acting correctly and continuing to apply interest to your account. as your account is not considered to be in dispute and the original terms of the agreement have not been rendered void. As the banks collection procedures have been followed correctly in view of your credit card account conduct, the correct information has been sent to the CRA by hsbc will not be amended or removed as per your request

Letter dated 9th Dec

 

i refer to my previous correspondance dated ...November concerning your request that we provide you with the original signed agreement for this account.

 

please find enclsoed a reconstituted agreement form compliant with regulations 3 of the consumer credit act (cancellation notices and copies of documents) regulations 1983.

 

With regards to your request made under the civil procedures rules, please note we have conducted a reasonable search and at the time of the request the document cannot be located. it was in our control but is no longer in our posession.

 

We have complied with the requirements of section 78 of the consumer credit act. In particular, we have supplied copies compliant with regulations 3 (2) (b) of the consumer credit (concellation notices and copies of documents) regulations 1983.

 

Whilst i understand this may not be the response you were hoping to receive, i trust i have now clarified the banks final response.

 

So there you go, copy of hsbccredit card request form, filled out by the fantastic hsbc. I've written out everything on both letters.

 

Let me know what you think and where i stand with the buggers.

[Hotdog77]

Hi JM,

 

How are you? Had to run to my sisters to use computer...i'm still without one.

 

I wondered if you had manged to have a look at the letters i typed out from HSBC, and your thoughts or the next step?

 

Everythime i hit them with something they come back stronger and resiliant.

[Hotdog77]

Hi JM

 

Happy New year!!!

 

Help!!!!!!!

 

2 letters now from Metropolitan. Please also have a look at the letters i typed out, of which could not be read on the scanner.

 

I do hope to hear from you soon.

 

Hotdog:cry:

[johnnymitch]

Hi hotdog , sorry for the delay....

 

It would still seem that you haven't had a proper CCA agreement provided ... so why not play their silly game and ask Metro to provide proof of their authority to collect this debt i.e the CCA ......

 

If they want to be seen as a DCA , then treat them as one ....

send them a CCA request .... and tell them the account is in dispute until they provide it .... Letter 'N' on this link ........

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162353