Please advise urgently- My creditor is not responding to my letters

Bubbly

Dear All,

I have 2 credit card debts, one with Post Office and the other is HSBC Mastercard.

I have written on 3 occassions to HSBC as follows:

I first wrote to them to advise I am experiencing financial difficulties and to request action on my account be held for at least 28 days whilst I get advice re this.
They responded to confirm I have 28 days to provde a full financial statement.

2. I wrote to them within the 28 days with my financial statment and offer of reduced payment. They did not respond to this and still send a letter of default.

3. I wrote to them again to point out I had already provided the rquested financial statement and offer of what offer of reduced payments, and attached copies of everything. They still have not responded. My last letter to them was almost 2 months ago.

Casn some one please advise what the best course of action should beor possibly provide an appropriate template to use. I have already made the offer of what i can afford to repay, and am desperately waiting for HSBC to accept this. All letters were sent recorded and I know they have recieved it because they acknowledged my change in address to which tey are forwarding the statements. Also they are still continuing to charge interest when i am making full effort to come to an agreement of wat i can afford. They seem to be simply ignoring my letters of reduced offers. Have also called them up many times but simply go round in circles and are unable to trace any details of my lettters.

Should I write a lette r of complaint or are they perhaps ignoring my letters deliberately?


Please please please help:)

scouselad1974

Hi

I can't really offer you any advice here, but I'm sure an expert will be along shortly with some good advice for you, Im in a very similar position, one of my creditors replied straight away and my offer was instantly accepted, another has refused my offer and I am waiting for a response to the second letter that I have sent and another of my creditors has totally ignored my offer of repayment.
All of them have cashed the payments sent and all of the letters have been signed for just like yours.
When I asked CCCS about this, I was told that a lot of creditors will not formally accept your offer on paper and it can be a difficult situation.

So like yourself I to am in a bit of limbo waiting for my creditors to reply, did you request contact by letter only? I did and was wondering if this could have anything to do with it.

10past6

You now need to take control and show them who is in charge, start by making a CCA request, send the letter below, they have 12 days to comply, any issues after the 12+2 days, come back and post

Dear Sir/Madam

Re:− Account/Reference Number: XXXXXXXXX

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of our credit agreement on request.

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

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

I 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.

I look forward to hearing from you.

Yours faithfully

PRINT ONLY - DON'T SIGN

Bubbly

Scouselad,

Thanks for your reply and sharing your similar experience. Its reassuring to hear from some one before problems to bed with me as I do every night.

I did request my creditors to respond to my offer in writing as I was adised by National Debtline that it is best to ave everything in writing from them. However, I also provided email and my mobile number should thye need to contact me for any queries. To be honest I am desperate for the HSBC one not to be passed to debt collection agencies which is a nightmare in itself. So to answer your question I dont think it necessarily would be because you requested contact by letter only. From the advice I have received so far, it seems requesting communication in writing is perfectly normal.You could send them a follow up letter or call them up to chase but request they still respond in writing.

I am now thinking aobut writing a letter of complaint to see if this pushes a response but just like you await some wise advice on this matter.

Bubbly

10 past 6,

Many thanks for the template. However I am unsure of what this template means for me. Once HSBC provide the credit agreement as mentioned in your template, I would still have to make the payments. My concern is in them agreeing to my reduced offers of payment.

I am concenred that if i do not hear from them , they will contunue to charge interest as they are doing so currently and perhaps pass onto a det collectiion agency.

kindly clarify what the credit agreement would mean for me in terms of coming to an agreement of lower payments to help reduce the debt.

Bubbly

10 past 6,

Can you please also clarify why I should not sign the letter ? Will the creditor still accept accept this if it is not signed by me?

Thanks again

10past6

Bubbly wrote: »

However I am unsure of what this template means for me

You are requesting a copy of the agreement you signed at the time of taking out the debt, if they are unable to provide it, your debt becomes unenforceable, meaning they CANNOT pursue you for payment.

Mac2308

Never personally sign the letter as they could scan your signature and add it to any form they wish. Sounds unlikely but very easy to do!

10past6

Bubbly wrote: »

Can you please also clarify why I should not sign the letter ?

Some creditors have been known to lift a signature and use it on a CCA document, there is no legal requirment for a signature when making a CCA request, regardless of what a creditor / DCA may state.

scouselad1974

Bubbly wrote: »

Scouselad,

Thanks for your reply and sharing your similar experience. Its reassuring to hear from some one before problems to bed with me as I do every night.

I did request my creditors to respond to my offer in writing as I was adised by National Debtline that it is best to ave everything in writing from them. However, I also provided email and my mobile number should thye need to contact me for any queries. To be honest I am desperate for the HSBC one not to be passed to debt collection agencies which is a nightmare in itself. So to answer your question I dont think it necessarily would be because you requested contact by letter only. From the advice I have received so far, it seems requesting communication in writing is perfectly normal.You could send them a follow up letter or call them up to chase but request they still respond in writing.

I am now thinking aobut writing a letter of complaint to see if this pushes a response but just like you await some wise advice on this matter.

Hi
It always eases my mind when I hear from other people who are experiencing the same problems as myself, especially before bed as you say, thanks for the advice, I think I will chase up one of my creditors tomorrow as you suggest.
Let me know how you get on

Bubbly

Shocking!! i cant believe such huge institutions would do that. I thought the CAA template was only relevant if there was any possibilty the debt was not mice which I know it is. Unfortunately took out the creditcard ten years ago, and have only let it slip in last couple years and ruined my credit rating due to increasing inabilty to make payments , and blindly bororowing more from friends which in effect has meant i have paid thousands in interest yet still a balance more than the original limit!

Thanks for clarifying..I will send send this off first thing tomorrow morning and see if they an provde the agreement and come back for further advice.

You have been a massive help. Thank you:)