HSBC Credit Card

[johnnymitch]

Just list the charges and ask for them back rudy ..... if they're Credit Card Charges they're not affected by the Test Case (only current accounts )

 

And if they still haven't complied with your request , the account is 'In Dispute' anyway ....... if you report them to ICO and FOS you'll get case numbers which you can quote at them in any correspondence .... should keep 'em at bay until it's resolved ....

If the account is 'In Dispute' they shouldn't be banging on charges anyway ..

[rudy691]

what letter should i use for that ? i will check all of the online statements tomorrow and count the charges. what kind of charges can i claim from the credit card ? and how the letter should looks like ? thx

[Castlebest]

Hiya Rudy, its exactly the same as a current account claim but the legal backing is slightly different so the template letters are slightly different but they are all in the library .

 

Just put all of your charges onto the spreadsheet and send off your preliminary letter in exactly the same way you would for a bank current account claim

 

pete

[bigmac266]

Hi all.

 

I'm new to the forum and am looking for help. I am having similiar dealings with HSBC. I have sent a CCA request and numerous threatening chase letters and and have evenually got a letter back actually admitting that they do not have a signed agreement!!! couldnt quite believe this! however im not sure what I need to do now. Can ayone advise on my next course of action?

[johnnymitch]

Hi bigmac , welcome to the forum just so that you get information that is for you only , not mixed up with rudi's , could you open your own thread please , using the NEW THREAD button at the top left of the HSBC forum page ...... then just copy and paste your query (above) into it .

 

To answer you for the moment , I think if you have a look at lee32uk's thread , it should give you some guidance

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

 

 

.... but basically , if they haven't got an agreement and have admitted it in writing , you should be home and dry IMHO ..... make sure you keep that letter safe , in case of further nonsense from HSBC .... then you can hit them with the FOS ....

[rudy691]

been a while

 

still getting letters about account over the limit and i think that they're still applying charges to it. recently they transfered 19 pounds, which i had left in my current account with them, to my credit card account. can they do that without me agreeing ? i only had a letter that they've done it, but nobody asked me about it.

 

other thing: what kind of credit card charges can i claim ? can i claim late pay admin charge ?

[rudy691]

shameless bump...

[vint1954]

been a while

 

still getting letters about account over the limit and i think that they're still applying charges to it. recently they transfered 19 pounds, which i had left in my current account with them, to my credit card account. can they do that without me agreeing ? i only had a letter that they've done it, but nobody asked me about it.

 

other thing: what kind of credit card charges can i claim ? can i claim late pay admin charge ?

Hi Rudy,

 

It is so frustrating when they just ignore you, but that is to be expected. If this was a Midland account, the 99.99% sure that they do not have a signed agreement. I take it that you have now stopped making payments, if you are getting charges.

 

I would claim all of the charges back.

 

If they have not provided any form of agreement in this time frame, then that is unforgivable. I take it that you eventually sent them a signed letter. They need reoprting to the ICO, your local trading standards and OFT

[rudy691]

hi vint

 

it is really annoying because they were sending me letters about adding my siggy to the papers and i eventually used that antitamper thingy - and they didnt send me any response regarding this since then ! (5th of Sep) i only get statements and letters about being over the limit now. and yes - ive stopped making payments a while ago, just because i cant afford it now.

[johnnymitch]

been a while

 

still getting letters about account over the limit and i think that they're still applying charges to it. recently they transfered 19 pounds, which i had left in my current account with them, to my credit card account. can they do that without me agreeing ?

 

They can do this under the 'Right of Set-off ' Rudy ..... the trick is not to have any other account with them that they can plunder .. i.e . have a parachute account with another un-related bank .....

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm

 

i only had a letter that they've done it, but nobody asked me about it.

They don't have to tell you until after they've done it , in case you move your funds before thay can grab them ...

 

other thing: what kind of credit card charges can i claim ? can i claim late pay admin charge ?

 

Not too sure about that ..... if you were genuinely late then the T&Cs probably cover it .... but if you were late because the account was in dispute you could try claiming them back - Credit Card charges are not part of the Test Case .....

[rudy691]

thats why im not sure about it at all...i know the CC charges are not covered by the test case, but i still dont know what charges can i claim back ?

[johnnymitch]

As vint says rudy .... if they've got no agreement (which they'd have surely produced by now if they had one) .... claim them all back ....

[rudy691]

so basically, if they cant produce any agreement, that makes all the charges unfair. thats a good thinking will read more about it. any tips how to get on with it ? do i need to ask them for statements now ? ive tried online banking, but it onl shows statements back to Feb this year - dont know why, becasue i can see all the statements for the current account...

 

thats my missus account, i will start the same procedure for my credit card account with them as well they couldnt find hers, so they'll probably lost mine too as they were both taken at the same time and same place

 

in other news - i SAR'd HSBC for the current account with them about 2 weeks ago, because from what ive checked - i have about 500-600£ in charges we'll see how this one will go.

[vint1954]

Your SAR shoud provide your statements.

[rudy691]

the thing is that SAR was for MY current account and this case we're dealing with here is for my missus credit card...they didnt produce any agreement, so should i SAR them now for all the statements ?

[johnnymitch]

Rudy , a SAR is supposed to provide everything they have on you ..... not just for one account ..... for everything with your (or in this case your wifes) name on it .............that's what you pay the tenner for .....

[rudy691]

i see theres a bit of misunderstanding here

 

SAR was sent for my accounts with HSBC (will update on this later)

 

this topic is about different thing - my wifes credit card account

 

thats why im asking - should i send SAR now for it ?

[johnnymitch]

Further to the above .... if it's not a joint account then you'll have to get a separate SAR for you ..... but again ....... it should include ebverything ..... current account , credit card , statements , agreements,documents , letters .... ......the lot !

[johnnymitch]

Is your wife's credit card with a different Bank then ?

[rudy691]

right...

 

this whole topic is about my wifes credit card....we dont have a joint account...we werent married yet when she took that credit card...different surnames...

 

i mentioned only that i requested SAR for MY current account with HSBC now i actually regret coz you got confused

 

FORGET ABOUT IT ! will make a seperate topic for this if they fail to provide it for me.

 

BACK ON TOPIC:

 

cca request from what i see was ignored, so i presume that they dont have it. the thing is, if i want to claim any charges, i need to send subject access request now, am i correct ? i cant access all statements online, only couple of months back - dont know why.

[Castlebest]

Hiya Rudy yes you will need to send another SAR for your wifes Credit Card (or she will )

 

pete

[rudy691]

hi guys. its been a while now

 

so there was nothing heard from HSBC for couple of weeks, no letters about copy of my agreement...but today i received Default Notice from them !

Despite the fact that i've defaulted them 2 months ago !

 

Here it is:

 

 

 

 

they've ignored my requests for CCA, first they were hiding behind signature, but after i eventually gave them the signature, they're ignoring everything ! letter says 6th Of Nov - and ive received it today ! any views on the recommended step now ?

Edited November 12, 2009 by rudy691

[rudy691]

bump

[rudy691]

so, any ideas of the next step ?

[johnnymitch]

Aha ! Notorious Ms Packwood strikes again! .... .

 

If this is for your account Rudy (I'm assuming it is!) then a stiff letter back seems to be the order of the day ......

 

something like :

 

Dear Ms Packwood,

 

I am at a loss to understand what part of 'In Dispute' you do not understand. You have failed miserably to provide the CCA which I have been requesting since (date ) ..... , firstly, under the pretext of requiring a signature, then completely ignoring my second CCA request which was sent on (date ) and should have been complied with by (date ) ....

 

Now, having breached the Data Protection Act by failing to produce a CCA you have the effrontery to attempt to default me for breach of a potentially non-existent agreement.

 

You are only too aware that you have to either produce a copy of the agreement under the terms of the DPA , or admit that you cannot produce it , under the terms previously notified to you in my letter of (date ) (copy attached).

 

You are also no doubt aware that where a Dispute exists you are not allowed to default me until this matter is settled,therefore what I require is that you withdraw the Default Notice with immediate effect and confirm in writing that you have done this.

 

I have already compiled a report of your actions for the Information Commissioner and will submit it should you fail to respond by (date)to my requirements whch are: SAR (with CCA agreement), and withdrawal of the Default Notice.

 

If necessary ,I am prepared vigorously defend any court action which may result , and I am prepared to initiate court action to settle this disputed account .

 

yours etc ,etc.

 

Let's see if this will produce any results Rudy , but you must be prepared to follow through if you make these threats of further action.....