Me vs HSBC - SAR and DCA advice needed!

Rob_J_2

Hi everyone!

I have an ongoing situation regarding my HSBC credit card. In mid 2008 after many months of trying to keep my head above water, I defaulted on my HSBC Credit Card repayments. My financial situation had become dire and I had no way of making these payments. The debt is around £8000 however this was, and still is, my only debt.

The debt has not been sold on, but has been continually passed by HSBC to various debt collection agencies for collection. Capquest, Metropolitan Collection Services, DG Solicitors, Central Debt Recovery Unit and now Wescot Credit Services. They have all made the usual threats.

HSBC initially passed the debt for collection to Capquest, whom I issued with a CCA request almost a year and a half ago, which they defaulted on and has still yet to surface.

In October 2009 I received the supposed CCA from HSBC which was simply a blank application form along with updates to the agreement and what I understand is their usual response which basically amounts to "we are only obliged to supply a photocopy of the form you would have filled in".


In late 2009 I issued HSBC with a Subject Access Request for my credit card and current account. This was primarily to obtain a copy of the CCA relating to my credit card account, as my CCA request has been ignored for well over a year now and yet they continue to demand payment and pass the debt from DCA to DCA.

Two weeks later I received a letter from HSBC informing that as the SAR was not signed they were unable to comply with my request.

Bizarrely, just 2 days later, I received bank statements relating to my current account dating back 4 years (I've had that particular account over 10 years) along with my £10 postal order as HSBC were happy to provide me with this information for free.

Clearly the demand for a signature is simply delaying tactics, as they then sent the statements, however where do I stand now that they have returned my payment for the SAR? After returning my payment, have they no obligation to fulfill my SAR? Is this just a further delaying tactic HSBC employ when faced with Subject Access Requests?

So, what should I do now?! Do I need to reissue the SAR and payment?


Also, they same day that my statements arrived, so did a letter from Wescot Credit Services demanding payment in full along with the usual threats and consequences of not doing so. Interestingly their letter states "on behalf of Metropolitan Collection Services" rather that HSBC, even though I am aware that they are effectively one and the same.

Each successive DCA go away when I send them a letter stating that while my CCA request remains in default enforcements action is not permitted and none have ever supplied me a copy of their complaints procedure which I request, however it is simply past to another DCA and the process begins again. Usually it's an HSBC "in house" which is why Wescot was unexpected!

So once again, what should I do?! Do they have the right to simply pass this around from one DCA to the next despite the account being in dispute due to failing to comply with my CCA request and now SAR?


All help and advice is extremely gratefully received!!

RAS

I think that a signature is necessary for a SAR. Sign and return it and the cheque.