Unenforceability & Template Letters

cejsmith

Hi

I put a cca request in to HSBC and after nearly a month I recived a reply, the pack they sent me was large and consisted of all the paperwork on the account. Signed apps internal clearance and all the statements.

My question is on the one page that has credit agreement regulated by the consumer credit act . there is nothing about limit, interest rate, repayments etc.

Does this mean that the agreemnt is non compliant?

Biglad_UK

cejsmith wrote: »

Hi

I put a cca request in to HSBC and after nearly a month I recived a reply, the pack they sent me was large and consisted of all the paperwork on the account. Signed apps internal clearance and all the statements.

My question is on the one page that has credit agreement regulated by the consumer credit act . there is nothing about limit, interest rate, repayments etc.

Does this mean that the agreemnt is non compliant?

I can't seem to find an address to write too for HSBC, what address did you use ?

Thanks

Si

Princessbb

Hi All
Looking for soem advice, I CCA'ed La Redoute (Redcats) and after a couple of months and lots of letters they have finally admitted they do not hold a valid CCA but did try and tell me I still had to repay the debt. I wrote to them last week with another letter advising them they are in default for not providing the CCA and that I would not be responding to any more letters or making a payment until I receive a compliant CCA.
I received a letter back yesterdday saying the following:
As no payment has been received and no payment arrangement has been agreed, we have stopped pursuing the debt but HAVE registered a default on your credit file! It then goes on to say how this will affect me getting credit in the future!
I checked my credit file this morning and they have already put the default on my file! I thought that they had to send me an official notice of default before they could put it on my file? I have not received on, only the letter and enclosed was a copy of the fact sheet from office of fair trading about defaults!The starting line of which states what to do if you receive a default notice threatening action! Can anyone advise what I do now? Can I get them to remove it as for one there is no CCA and two they did not pre warn me they just put the default straight on my file?
Many thanks

cejsmith

Biglad_UK wrote: »

I can't seem to find an address to write too for HSBC, what address did you use ?

Thanks

Si

I used the address of the debt collection agency , that are chasing me.

BUt I would have thought, just pop in to your local HSBC and ask them to forward it.

suicidal

Hi, i am just about to do the first lot of letters, i am sure i have read on this thread, do not put your account number on letter and sign it digitally is that right ?

thanks

never-in-doubt

suicidal wrote: »

Hi, i am just about to do the first lot of letters, i am sure i have read on this thread, do not put your account number on letter and sign it digitally is that right ?

thanks

You put the account number but sign electronically, yes.

never-in-doubt

Biglad_UK wrote: »

I can't seem to find an address to write too for HSBC, what address did you use ?

Thanks

Si

Send here:

The Senior Manager,
Service Quality Team,
HSBC Bank plc,
Arlington Business Centre,
Millshaw Park Lane,
Leeds, LS11 OPP

never-in-doubt

Biglad_UK wrote: »

Never in Doubt,

I've read all of this thread so far and thanks for all your hard work, perhaps you could start a donation account for people to thank you.

I'm just about to start this process to see if I can do anything with my 9 credit cards. All of them are perfectly managed so I'll keep paying to try to avoid any defaults....for the moment.

Just one question for the moment, I know you've mentioned this but I just wanted clarification, when you say Sign digitally do you mean just print your name and not sign with a pen or sign with an image of your signature ? Just wanted to be clear before I send off my letters.

Thanks

Si

Cheers mate lol - its not something I want rewarding for, its through sheer hell that i've learned what I have and am happy to help people

You never give the real signature, just sign electronically..... i.e use fancy font.

never-in-doubt

cejsmith wrote: »

My question is on the one page that has credit agreement regulated by the consumer credit act . there is nothing about limit, interest rate, repayments etc.

Does this mean that the agreemnt is non compliant?

Is it continued, i.e. hsbc usually send an agreement in way of 4/5 pages of printed terms and they are numbered like page 1 of 5 etc etc - if so then does the info appear there? - anywhere? lol

You need to establish whether it is anywhere, then exactly where and in what layout.

never-in-doubt

tombutler2000 wrote: »

With a CCJ issued can I still go down the road of firing CCA requests to see if the original agreement is enforceable? If so should I send this CCA request to the original CC provider or to the DCA the debt was sold to?
Any thoughts or advice would be appreciated.

Yes you still do CCA but you do it to the DCA. If they cannot provide it they should pass it to the original creditor to deal with....