HSBC Credit Card

[johnnymitch]

I'd wait and see what reponse you get to the call-up letter rudi ....

[rudy691]

I'd wait and see what reponse you get to the call-up letter rudi ....

 

ok, i'll do that. i think i'll wait for a week before I send another one. your help is much appreciated johnnymitch. Thanks !

[moptortoise]

Hi all, this is fascinating information. I have had a credit card with HSBC originally Midland for 13 years. I have payed all other debts off but this one is proving hard work. I am sure over the years I have payed it off five times over at least! The amount owing on it currently stands at £5000. I have hunted high and llow for my original agreement and I can not find it... I have moved about 8 times since I got the card (originally i got it as part of a student account) and the agreement is now gone. Over the years I have had booklets sent to me stiplating new terms and conditions but, i haven't signed anything else.

 

Please could you advise me on whether I could perhaps go down this CCA route.

 

Rudy I wish you all the best with your claim and I will be watching to see how you get on.

[rudy691]

Hi all, this is fascinating information. I have had a credit card with HSBC originally Midland for 13 years. I have payed all other debts off but this one is proving hard work. I am sure over the years I have payed it off five times over at least! The amount owing on it currently stands at £5000. I have hunted high and llow for my original agreement and I can not find it... I have moved about 8 times since I got the card (originally i got it as part of a student account) and the agreement is now gone. Over the years I have had booklets sent to me stiplating new terms and conditions but, i haven't signed anything else.

 

Please could you advise me on whether I could perhaps go down this CCA route.

 

Rudy I wish you all the best with your claim and I will be watching to see how you get on.

 

hi mate. it would be better if you would start your own thread in the HSBC section, so people can help you more efficiently good luck !

 

ANYWAY:

 

my wife just phoned me up that letter cam from bank that they can't proceed with the request as the CCA request letter wasn't signed properly. after reading some stuff i decided not to sign it, so i just typed my name. i think they're just blowing me off, as i even send a message through online banking so my identity is well confirmed. they told me to contact them on phone, after i requested all contacts to be in writing. any views on that ? thx

 

PS. they send the letter on the exact date when the 12+2 was done dont know how to proceed with this as i have send a CCA call-up letter yesterday, so its been delivered today probably.

[moptortoise]

Thanks Rudy, will do. How about you use the Digital signature service on here?

[rudy691]

Thanks Rudy, will do. How about you use the Digital signature service on here?

 

might do that. just want to see whats other people view on this, as HSBC had no problems with quoting my online message to them in this letter, yet they cant confirm my identity. will have more info when i get home today and read them letters, coz apparently there's 2 of them.

[rudy691]

got the letters now

 

FIRST letter:

 

 

 

And this is the second letter, from what i see its regarding my online message (2 pages):

 

 

Plus i got the standard leaflet about "Listening to your comments"

 

They're questioning my identity and yet they're sending me a letter regarding my online contact...whats the next step now ? bare in mind that i've send the CCA call-up letter yesterday. thanks

 

PS on the second letter they are saying its about original terms and conditions, nothing about signed copy of credit agreement.

[rudy691]

shameless bump...

[rudy691]

another bump...

[johnnymitch]

Hi rudy , have a look at this link and see if it helps you decide which way to go ... if not, just come back and ask .......

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/215224-default-notices-hsbc-they.html#post2377324

[rudy691]

so, if i use that sign guard, do i have to sent another letter requesting my copy ? and do i have to wait 12+2 again ? because that expires on the 19th and they've send me that letter on the exact last day of 12+2.

[rudy691]

First, my previous question:

 

so, if i use that sign guard, do i have to sent another letter requesting my copy ? and do i have to wait 12+2 again ? because that expired on the 19th and they've send me that letter on the exact last day of 12+2.

 

other thing:

 

today ive received an extra statement ( i had one a week ago) and a leaflet about help if your account is in arrears.

[Castlebest]

Your CCAs78 request is a legally binding document that the bank are required to comply with, the date doesn't alter because they are buggering about.

 

Your account is now in default until the bank complies with your properly submitted legal request .

 

pete

[rudy691]

Your CCAs78 request is a legally binding document that the bank are required to comply with, the date doesn't alter because they are buggering about.

 

Your account is now in default until the bank complies with your properly submitted legal request .

 

pete

 

i had a late payment fee added today...+ plus i had another late payment letter sent today with advice how to deal with it...

[Castlebest]

Have you done a shedule of charges?

 

I think you might be quite supprised exactly how much they have added to your account over the last 6 years and of course these charges, the interest they have added against the charges and any new ones they add can be claimed back .

 

pete

[rudy691]

the thing is that i am confused now...dont really know where to go now...CCA ignored...send the call-up letter, next they have send me a letter about requiring my signature...they're still applying fees to my account...

[vint1954]

the thing is that i am confused now...dont really know where to go now...CCA ignored...send the call-up letter, next they have send me a letter about requiring my signature...they're still applying fees to my account...

 

I gave in in the end, sent letter with altered signature. They have nothing to compare it to.

 

Dearxxxxxxxxx

 

Accpunt No xxxxxxxxxxxxxxxx

 

I have made a lawful and legitimate request under s78 of the Consumer Credit Act in the prescribed manner. To date I have had no response to this request and will not be altering the method of this request or sending fresh instructions. I expect HSBC to comply in full.

 

With regards to identity, HSBC have been sending sensitive documents to this address in the past, without the need for any form of signature.

 

 

Yours sincerely

Edited September 5, 2009 by vint1954

[rudy691]

i had another letter yesterday regarding my signature...

 

letters going today:

 

- standard letter of ACCOUNT IN DISPUTE

- and this:

 

Dear Sir/Madam

 

Re CCA request made under the Data Protection Act

Thank you for your letter dated 20/08/2009 the contents of which are noted.

In your letter you make reference to requiring my signed authorisation before you comply.

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However, please note that, to date, you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask - if you are concerned that you are corresponding with the correct person why has it taken so long to raise this.?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data

 

My CCA request was made on 04/08/2009 and the 12+2 days for your compliance expire on 20/08/2009. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity

 

I have signed this letter, noting that a signature is not a legal requirement. This action however, will not affect the timescale of my original request, and as you are aware, HSBC remain in default and this alleged account remains in serious dispute.

 

 

we'll see then

[vint1954]

Sign the letter with an altered signature.

[rudy691]

ive used that anti tamper thing

[johnnymitch]

That'll do it , rudi .....

[rudy691]

hi. im back...

 

they keep sending my statements and account over limit letters still.

and they're still charging me fees...on the 15th of Sep - late payment charge (12 quid) and on the 20th overlimit charge (12 quid) - its all happening despite the fact that they entered default on the 20th of Aug and they still have not produced any copy of the agreement...

[vint1954]

They will i'm afraid.

 

They just ignore process and carry on regardless.

[johnnymitch]

As long as you keep a list of all the charges they've levied on you , as pete says , they are reclaimable ....

 

Meanwhile , I think it's time to report their non-compliance to the Information Commissioner ........

 

https://www.ico.gov.uk/Global/contact_us.aspx

 

You could also write and tell the bank that, due to their non-compliance with your request under the CCA , you have reported this to the ICO ..

 

You could send this letter to the bank ; (suitably amended )

 

Reference ....... (your letter of xx xxx xx)

I am disappointed that you have failed to respond to my request for a copy of my Loan agreement to which I am entitled under the Consumer Credit Act 1974 (Sections 77−79). A copy of this letter is attached for your convenience.

I have previously enclosed a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I am sure you also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Failure to respond positively will be reported to the Financial Ombudsman Service and the Information Commissioner’s Office .

Yours faithfully

 

You could add :

"PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) "

 

Try that and see what they come back with ........ but I think I'd report them anyway , they're being deliberately obstructive IMHO ..........have a word with the ICO ......they'll guide you on how to proceed ...

[rudy691]

thx johnny ;)brilliant as always ! but ive send the exact letter on the 19/08/2009 and after that they've send me letter about signature, so ive used that antitamper thing and ive send an "account in dispute letter" on the 05/09/2009 and since then i had no response, except letters that im over the limit with credit card now.

 

so, what to do with them charges ? im 110 pounds over the limit now and all of this is practically charges made in the last month (im sure that there is lots more charges too...)

Edited September 22, 2009 by rudy691