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

10past6

Bubbly wrote: »

Unfortunately took out the creditcard ten years ago

Unfortunately for them by the look of things, the older the debt, the less likely hood of them having the agreement.

Margin_Walker

I'm amazed that any creditor would risk their getting caught doing something like that in order to enforce individual loans. Do you know of any examples where this has actually happened? I'm pretty sure every bank(and know for a fact that HSBC) have a scanned copy of your signature anyway to check against cheques, third party authority forms ect.

Back on topic. It shouldn't take anything near two months to deal with post like that so i would guess something has gone wrong somewhere. The fastest way to check would be to phone but if you are not comfortable doing that then you will probably have to write again as a complaint which you will definately get a response to.

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.

Bubbly

If HSBC are unable to find my copy credit agreement, and the debt does therefore not longer become enforceable/ they can no longer make me pay the debts, does anyone know what the impact on my credit file would be?

The reason I ask is that altohugh I have a couple missed payments, and my credit score is unlikely to be decent at the moment with my PO card having gone to a DCA, it is still very important for me to minimize the damage to my credit file.

Bubbly

Margin_Walker,

I have already tried speaking to HSBC on the phone, but they do not appear to know what is goign on with regards to my credit card except that they want me to make payment as per my usual statements which are continuing to charge yet more interest.
They also seem to be more interested in the fact that I have been on my maximum overdraft limit on my current account wihich is also with HSBC. They can clearly see I have been struggling with payment for a long period of time, but helpful in trying to respond to my requests for settlement.

I will send out the request for CCA first and see how it goes. If they are able to produce it, I will then pursue with my reduced offers already sent to them.

Bubbly

10 Past 6,

Hello..I am back for some more advice today as my story takes an unexpceted turn today.

As mentioned previously the problem I was experiencing was that HSBC were not responding to my letters explaining I was unable to meet payments and offer of reduced payment.


I was going to send the request for CCA as you kindly suggested yesterday. However I was left a voicemail by them earlier today, so called them back and was told that I had already been placed on the reduced payment plan, and apparently a letter had already been sent out to me on 6th March (which I still havnt received).

However the HSBC advisor who I sppoke to was extremely pushy and questioned if i was able to make the offer of reduced payment then as I had not made a payment at all for about 7 months on the account, then i should have this excess of x amount every month which i should be paying. They can clearly see i do not have this savedas i am in total of 12.5 k in debt to 2 creditors. 6k of which is their, and i.5 k on their overdraft. I ended up haging up which wasnt perhaps the best thing to do, but I felt extremely intimidated by him.

Next question I desperately require adive on is...what to do now. Should i still send the CCA request, although they have accepted my offer of aprox £86 per month on debt of just over 6k. Although paying this amoutn would still take me years and years to pay back, I am worried that if i send the request for CCA it they may no longer accept my reduced payments if they are able to produce the agreement?

Please please advise. Many thanks

10past6

You have a legal right to request a copy of the CCA you signed, they cannot get out of that.

I would advise you to continue to make that request, whether they agree to your reduced payments or not, is neither here or there at this stage.

If they are unable to produce your CCA, this places you in a stronger position when requesting reduced payments, if they do supply a VALID CCA, so be it, you still make the payments you can afford.

One other point, there is no loyalty from a creditor to a customer, all they're intrested in is how much they can get out of you, in view of that, never speak to them on the phone, should they call, request they put their request in writing, and hang up.

10past6

Margin_Walker wrote: »

Do you know of any examples where this has actually happened?

YES, I wouldn't have stated it otherwise :rolleyes:

And no, I won't be posting on here what / where I gained the information from.

Bubbly

10 pat 6, Many thanks for your speedy response to which I was awaiting eagerly. Yes they have apparently accepted my offer, but yes your arguement of sending the CCA request makes sense as even with the reduced payments I am literally living penny to penny and will be doing so for the forseeable future.

Ok will put it in the post and update the board with the outcome asap. You are a god send!!! Thank you

10past6

If and when you reply on this thread, should this thread drop of the 1st page, send me a PM if you'd like my opinion, I tend to lose track of threads when they drop off the 1st page.

cheesedoffwithdebt

I believe the legislation governing credit card debts is not entirely clear cut-however what is are the OFT guidelines on debt collection. Whatever your agreement says or otherwise- if your circumstances have changed and you cannot pay the total amount and you make an offer- as long as you've proven it is all you can genuinely afford- thats where the deadlock is.

I would urge you to get advice from one of the charities mentioned on here; www.capuk.org, payplan, CCCS etc- would save you loads of energy on this one! best wishes x

Bubbly wrote: »

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:)