DCA says they don't need to give me information?

[Almostnormal]

Hello all

 

I'm in the middle of two little debt 'messes' at the moment which I am trying to sort out. Not terribly successfully on my own, I'm afraid, but I'm learning quickly with help from these amazing CAG posts.

 

My defence in a case regarding a cc debt is is split claim and vague particulars. The second case which I am now trying to address, is also a split claim issue but I have requested information regarding the account as I didn't have a clue what it was (this turned out to be an alleged overdraft from 3 years ago) and Claimant wrote back saying:

 

'We can confirm that the outstanding balance of £2*** relates to a current account held with HSBC bank plc. We acknowledge your request for a copy of the agreement, however, HSBC Bank PLC are unable to provide an agreement against a current account, a statement of your account can be requested, this being sufficient evidence of the balance outstanding.'

 

Is this right? The statements the DCA sent me regarding the first case (credit card one) look like a strange generic print out and are certainly not on HSBC letterhead or anything - they don't look like proper statements at all as I am used to seeing. They also failed to send me a copy of the agreement, default, termination or assignment in that case. But saying they cannot give me ANYTHING in relation to this one feels even more weird. I am certain if this account is legitimate that there will be bank charges wrapped up in it which would have been disputed too.

 

Any advice would be greatly appreciated.

[ims21]

Thread moved to Legal Issues

[Almostnormal]

I meant to say 'DCA' won't supply info....Sorry - whoops - as you can see I need all the help I can get!

[BRIGADIER2JCS]

Current accounts/overdrafts do not have CCA 1974 agreements so CCA requests are pointless.

 

My guess is the statements are those printed from backoffice systems used internally by the bank.

 

If you want all the data held on the accounts make a Subject Access Request under the Data Protection Act

1998, there is a £10 statutory fee payable and the creditor has 40 days to comply.

There is a template for this in the CAG library use it and amend to suit.

It should be addressed to the Data Controller at the bank.

[AndyOrch]

How old is the O/D Almostnormal? Would you be prepared to name the Claimants this would assist in knowing what their next move will be.

 

Regards

 

Andy

[Almostnormal]

Thanks Brigadier and yes, Andy, it is the Sigma/HL sol. brigade. They say the o/d was from 2009.

 

The first case re c.card they offered a stay and to set up a repayment plan as I believe they have for others on this forum. I ignored it as my defence was already in place and I didn't care to negotiate anything before the Court had even looked at the case. Their time was up at the beginning of the month on that one for any sort of response, but I haven't heard a thing yet, from them or the Court.

 

Time is now running out on this second claim. I made my AOS online but now have to do something decisive!

[AndyOrch]

Submit a defence for the O/D second claim, just as difficult for them to prove it as you deny it or rather dispute it.

 

Andy

[ScarletPimpernel]

Thread title changed for you.