HSBC cca not accepted without signature

[Bazooka Boo]

There is absolutely no legal requirement for you to send them a copy of your signature. They are merely dragging their heels and hoping that you don't know your rights, as has been repeatedly mentioned, you do not have to provide them with a signature, so don't!

 

Their reluctance to provide any evidence, CCA etc, is to their detriment, because until they do they are unable to take any further legal action against you.

Ignore their irellevant punitive response, they are in the wrong not you, you have acted lawfully in asking for them to provide evidence, they are stalling and have failed to do so in the misguided belief that you now need to provide a signature, forget it, if you have sent them this and they have refused to comply, then it is stale mate, and until such time that they do comply they are unable to enforce diddly squat!

When the time limit expires send them this and do make a complaint to the OFTThe Office of Fair Trading: Debt collection practices

 

[lickthewallfatboy]

I could royally screw them around,as I can produce two consistently and totally different signatures,depending on what I'm signing....

 

I could do one,and if they lift it,prove that it wasn't mine by doing the other one

 

I'd love to see the judge's face if they produced a "forged and clearly untrue" signature on a created agreement

[lee32uk]

HSBC have gone very quiet on me.Not had a peep from them for weeks.....not sure if that's a good sign or not

[thirty-n-fat]

Just to add to this, I have quickly received (within days) a simlar letter requiring a signature and enclosing the postal order.

 

Maybe a coincidence but they have also been chasing me for a payment on this card as this months payment has been missed despite the fact that I have a direct debit to pay at least the minimum amount each month and I know I have the funds to cover this in the account. I have refused to resolve this on the phone and am going into the branch to resolve this later this week.

 

With regards to the letter, do I ignore it and should i cash the PO? Should I worry about the missed payment?

[cerberusalert]

Resend the request and add this to the letter;

 

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my request, may I bring the following to your attention;

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no leglislation nor guidelines that you can hide behind in an attempt to avoid fullfilling my legal request,

 

Yours,

Print name do not sign.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8861&d=1242456802

[thirty-n-fat]

thanks for the advice cerberusalert.

 

I have a letter ready to go this morning and I am thinking that surerly they already have my signature on file and maybe I should sign the letter with a varied signature.

 

Im also worried about the missed payment, is this unusual?

[cerberusalert]

Not only do they have no legal right to demand your signature, but it has been alleged that certain less scupulous companies have provided CCAs by nefarious means...namely Photoshop.

[Notty]

Received a letter from dca on behalf of HSBC. They are saying the same as before that they intend to instruct solicitors as we haven't complied with the letter from HSBC to send a signed request for cca. I have sent the relevant letters concerning the signature. Also sent the account in dispute to DCA but they have given me 28 days to comply and then they will start legal action. Any ideas what I should do next?

[babybear39]

Report them to TS and the OFT. Get your MP invovled as well.

[Bazooka Boo]

Received a letter from dca on behalf of HSBC. They are saying the same as before that they intend to instruct solicitors as we haven't complied with the letter from HSBC to send a signed request for cca. I have sent the relevant letters concerning the signature. Also sent the account in dispute to DCA but they have given me 28 days to comply and then they will start legal action. Any ideas what I should do next?

 

Oh dear me! What sorry, sorry, people!

The Office of Fair Trading: Contact us

debtcollectionguidance@oft.gsi.gov.uk

 

Financial Ombudsman Service

 

Consumer Direct

 

Information Commissioner's Office - ICO

 

How to Complain

 

Boo;)

[cerberusalert]

Also as they've failed to comply to your legal request send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale You might as well let them know from the onset that you are not going to be a push-over for them.

[Notty]

What if they send another letter demanding a signature. If I don't (in law) have to provide them with one is it best to just ignore them and keep sending the in dispute letter to the dca's and then if they take me to court do the cpr request?

[lickthewallfatboy]

that sounds right.....

[Notty]

Thanks ltwfb.

[brokebutnotbeatn]

Note. I have just had dealing with hsbc on a different matter, car insurance claim. When they dig their heels in they dig deep and refuse to budge. Unfortunately the only way I could 'win' was to pay and organise for an independent engineers and valuation report. Unfortunately I don't have any means to do this. But believe me, if I could have, I would have if only on principle. They will only (personal opinion) bring court action if they are certain of a win and they will know that they are buggaring you around. Listen to the advice on this forum, these guys are very experienced (I am not sadly, but I'm learning fast!)

Edited July 24, 2009 by brokebutnotbeatn

[Notty]

I have not heard anything for a while other than from Metropolitan DCA. Yesterday I received a letter from DG solicitors. I didnt send my signature as they requested for the cca. Not sure what to do next as they are saying they will take me to court in 14 days if I do not pay the full amount owing. Is there anything I should do or letter to send? Appreicate your help.

[benjibutton]

Hi

What I have been using is

This signature has been highlighted to prevent fraud or misuse.

Then cover " slightly different" signature with highlighter fluid

That works!

[IdaInFife]

Dear Sirs

I refer to your letter of XXXXX 2009 which was received today.

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2009 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (date - 12+2 working days from date of sending CCA request) to comply with a legal request.

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by xxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for, both the banking code and OFT guidelines.

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

Yours faithfully

 

idax

[Notty]

Thanks for replies. Do you think I should resend the cca request and sign it. I have the antitamper strip but didnt know if I should resend the cca request. Thanks for the letter I will send that off but wanted to clarify the cca signature thing as well.

[IdaInFife]

i had the same problem with a couple but just to get it over with i signed my name in blue and put a black cross through it

 

 

didn't haveany problems with that

[Notty]

Thans Ida. Should I hold off with the letter to their solicitor and send the cca request again or just send both off?