HSBC help with DCA!

fefesaver

I am being pursued by a dca for debts that have been sold on by HSBC. HSBC appears to have transferred 3 debts to one account before they sold them. I have been told that one relates to a business loan, one a business bank account and one a flexiloan.

I have sent various requests for copies of the original agreements to see the terms and conditions (including a request under the Data Protection Act) but the dca have not provided one relating to any of these accounts (only a credit agreement relating to a card used with the bank account). They have only send me copies of old statements from HSBC and no other information (even the information that they must hold on their system about myself and payments I have made to them).

Firstly, I would really appreciate some help into what to do when I do not think they have complied with the request under the Data Protection Act. They quite clearly have not sent me a copy of all information they hold in relation to me and I paid my £10 fee which they have taken.

Secondly, I appreciate that there would not be an agreement for the bank account but I am wondering how they can validly pusue the debt for the two loans without having a copy of the original agreement for them. I understand that business debts are treated differently to personal debts but I am wondering if anyone has any advice of what to do next? The dca are insisting that the whole amount is payable.

Many thanks.

beanielou

Bumping up for someone who knows.

GeorgeUK

When you sent the SAR request (under the Data Protection Act), did you send the letter by recorded delivery and did the request stipulate exactly what was required? There are a few different versions of SAR's but it seems that it is best not to allow any wriggle room for them.

If they have not provided you with the information, the Information Comissioners Office are the people to complain to. They would however expect you to have gone through the companies official complaints procedure first though. As they have not provided you with the requested data (they should definately have been able to provide a copy of the transactions you had made to them), then you have a valid complaint.

I don't know if the business debts would be classed as a 'contract under seal' or if they fall into the CCA74 remit - it may depend on what the actual agreement stated. If you have sent CCA requests (with £1 fee) and not received the documents, you should complain to Trading Standards. Did you send the 12+2 day letter and are they still pursuing you for payment?