reallymad v HSBC

[davey77]

Result!!!!!!!

 

Letter received from HSBC today re credit card

 

'Regrettably I have been unable to locate a copy of your original signed application.'

 

This is because I didn't sign one (I think) and even if I did, that wouldn't be an agreement as the blank application they have supplied, even though it has the usual CCA warning, doesn't include credit limit, interest rate etc. Interestingly they have commented, at length, on my request that they stop processing my data but not made any comment about my statement that no further payments will be made. Would this be because they know they can't enforce?

 

Of course the next letter will be an LBA about the default and continuing processing of my data. And to think that I nearly gave up on this one when the statements came back with no charges!

 

In case any one has doubts about the morality of this, I am absolutely certain that most, if not all, of the transactions on this card were carried out without my knowledge or consent but previously I believed that I had no choice but to repay the lot. Thank you CAG.

 

Hi reallymad... just caught up with your thread. Well done on the above! You deserve it for sure.

[reallymadwoman]

I've kept the reply short and to the point.

 

1. Read the CCA.

2. I've reported you to Trading Standards for selling a disputed account

3. You've ignored my S10 request

4. You have the details of my claim, make me an offer or else.

 

And I mean the last bit. Selling the account was the last straw.

[Castlebest]

Spot on RMW just throw it all back at them

 

pete

[reallymadwoman]

I also wrote to Marlin with copies of correspondence confirming there is no agreement and sent them a S10 notice as they had kindly warned me that they would be processing my data.

Their reply?

They are asking HSBC for a copy of the agreement. Clearly they read my correspondence very, very carefully.

They have another 2 weeks to confirm they have stopped processing my data before I issue an N1 for an enforcement notice.

 

Anyone would think they are deliberately trying to wind me up, and that is not a wise thing to do.

[Castlebest]

Not a wise thing to do to anyone but until sites like this one gave us the information to tell these people where to get off they could do what they liked and they are still trying to do that.

 

I personally don't think the majority of these companies are set up to cope with people who know what they are doing... in fact I don't think the banks themselves are .

 

more power to you RMW well done

 

pete

[reallymadwoman]

Thanks Pete - support is always good!

[reallymadwoman]

Ok - HSBC haven't bothered to reply to my last letter and their data controller still hasn't replied to my S10 notice (after 6 weeks and a reminder).

 

I think I need to start the court process to

 

a) have the agreement declared unenforceable because I never signed one

b) make them stop processing my data/get defaults removed

c) at least get back payments I have made over and above the amount originally spent on the card (with absolutely no admission that I spent it)

d) claim damages for breaches of Data Protection Act

 

I'll be working on (or at least borrowing from other threads) my POC over the weekend.

 

A thought that just occurred is that this card was way before chip and pin, so could I ask them to prove that every transaction on the card was properly authorised - i.e. that I signed the slip?

[Castlebest]

Hiya RMW its a nice idea to try to make them prove that every transaction on the card was properly authorised but I can see two problems, first why didnt you query any of the transactions at the time and second if they cant provide a true copy of your credit agreement what chance have you got of getting tranaction proof .

 

You can always ask though

 

pete

[reallymadwoman]

Didn't query at the time as I rarely got to see statements - easy to let things slide when you're working and looking after kids/house - but agree it's a bit late now. Might be even more of an incentive for them to settle before court though.

[Castlebest]

Oh I agree, the more holes you can pick in their systems and the more you can prove they have cocked up big time the better

 

pete

[reallymadwoman]

Will do it then, but it won't be this weekend.

OH is being flown home from work on medical grounds so apart from the odd bit of housework which might need doing I have to collect him from Heathrow tomorrow then play nurse. But then nothing is likely to happen until after Christmas anyway.

[davey77]

Keep up the good fight RMW! Merry Christmas to you..

[reallymadwoman]

As I was at a bit of a loose end this morning I decided to have a look at my Experian file online.

All entries relating to HSBC have disappeared.

Has this happened to anyone else? Are the entries likely to reappear at some point in the future?

If they've gone for good then I might be tempted to close my files on HSBC.

[davey77]

I haven't heard of that happening or read about it (at least for no apparent reason). Reminds me that i should look at mine although somehow i feel it ain't going to be a pretty sight!

[Castlebest]

Not looked at mine in ages, every time I go these days it says I have had my free look and wants to charge me lol

[reallymadwoman]

OK - having had a couple of days to think about this, I've come up with an idea.

I would like to believe the disappearing entries are entirely due to the various section 10 notices I've been sending, but if that was the case I think HSBC would have told me.

What I actually believe has happened is that as HSBC have sold the debts, they have removed the entries which will magically reappear under the DCAs name very shortly.

Incidentally I've not heard a word from Marlin since my original get lost letter on the current account nor since they were going to get a copy of the agreement on the credit card. They have also ignored my S10 notices.

[Audreygreeneyes]

rmw what is a S10 notice ( showing my ignorance....)

[reallymadwoman]

S10 notice is issued under the Data Protection Act to request that the bank stop processing data. I adapted a letter I found on another thread, but typically I can't now find it again!

[davey77]

Is this the kind of thing you sent RMW?

 

Dear Sir/Madam,

Notice under Section 10 of the Data Protection Act 1998 in connection with the processing of data which may result in causing unwarranted damage or distress to me

I [insert name] of [insert address] hereby request you to cease processing/not to process the personal data which you hold on me as its use will result in substantial damage or distress to me which would be unwarranted. I believe that the processing of this personal data would result in unwarranted damage or distress because [enter reason]

Please cease processing within the next 28 days or I may pursue this matter further through the courts under Section 10 of the Data Protection Act. If you do not normally handle these requests for information, please pass this letter to your organisation’s Data Protection Officer as soon as convenient.

Yours faithfully,

[signature]

[reallymadwoman]

Thanks davey - almost exactly like that with a covering letter explaining why they had no right to process my data and the damage it was causing.

[Audreygreeneyes]

ok am going to be really thick here (yeah I know) so does this mean that every default they give for "unlawful charges" would fall under this sections?

[davey77]

Morally i would say you are totally right AudreyG but personally i would suspect they would weedle out of it on some technicality. Just look at the way the FSA and OFT are letting unlawful charges to still be applied even though they are currently unlawful where the morally right thing would have been to stop these penalty charges until the test case is over with!

[Audreygreeneyes]

I see your point but they have not been deemed one way or the other at the moment which i suspect is why the oft and fsa have done nothing........although i agree they should ahve been suspended till the out come of the test case a very VERY big incentive for the banks to settle!!!!

[davey77]

As i understood it the current charges are 'unlawful' but not 'illegal'. It's like everyone driving around with bald tyres and the police ignoring it as a court test case was about to start to find out whether it really is unsafe to drive like that or not.

The police wouldn't ignore such offences but would enforce the law 'as it stands' and would never say "that's ok, we'll wait until the courts decide" but would judge the current situation as it applies today, in this case 'unlawful' until they were confirmed by the Courts as 'illegal'. If i am making sense (which isn't often) with a poor analogy.. :o

[reallymadwoman]

Update on the credit card account.

 

HSBC wrote Oct 07 confirming no agreement, then promptly passed the account to Marlin. I wrote a get lost letter to Marlin who responded mid Nov saying they were getting a copy of the agreement.

 

16th Jan from Marlin - as you have not responded ....

 

Wrote back saying I've made my position clear etc

 

Today from Marlin - as you have not responded .....

 

Obviously they need me to spell it out for them. I've headed the letter 'complaint' so that when I don't get a sensible answer it can go straight to the Ombudsman.

 

Incidental points. Should their correspondence show a consumer credit licence number? As it doesn't, how do I check that they do have a licence?

The statement of means which they sent with their letter wants rather more info than most people would be comfortable giving out - like bank details, including account number, mortgage account number, employer details, plus a statement on the bottom giving Marlin authority to get information from everyone named. Whilst I don't think they're doing anything illegal, it is making me very uncomfortable. How many people would realise that they aren't entitled to all this information?