Can anyone tell me if this is legal...

beverley1296

http://s985.photobucket.com/albums/ae331/debtfreeme/?action=view&current=img082.jpg&newest=1

http://s985.photobucket.com/albums/ae331/debtfreeme/?action=view&current=img084.jpg&newest=1

http://s985.photobucket.com/albums/ae331/debtfreeme/?action=view&current=img083.jpg&newest=1


Can anyone let me know if this credit agreement is legal as it was taken out in 2006, the problem is my friend applied for a debit card but they seem to have given him a credit card - but the bank refused him a credit card as he is in receipt of disability benefits? doesn't make sense.
But the added on fees have made him fall into arrears and he is sick of arguing with the company, he is willing to pay for what he owes but not all the extra charges they have stuck on.

DGJsaver

This doesnt make any sense , it looks like a credit agreement for a CC from where i`m sitting , with the signature on it.....why did they sign for it when it clearly states its a credit card ? and just because it`s from 2006 does not automatically invalidate the CCA.
More info needed i think.....then one of the Angels on here will be able to help you further

DGJsaver

Further to that , document 3 appears to be referring to a complaint over bank charges ? Which dont relate to a credit card account rather , an overdraft....?

As i say , clarification needed mate

beverley1296

He tells me that he applied for a debit card, he was given a credit card, as I say he was on disability benefits and banks will not give you a credit card, if I'm wrong someone will tell me, but I know when I applied I was always refused, I could only get the likes of Aqua and capital one to let me have a card.
Anyhow, he believed it was an overdraft, but it was in fact a credit card, so he has been arguing and fighting with them for a long time, as he said he was willing to pay the amount he used but not all the excessive charges, the charges letter refers to the "Credit/Debit Card".... I said I would ask if anyone knew if the agreement was legal, as he is being hounded. He made arrangements on the phone to pay the debt off, but would only accept paying back what he used, as he was mistakenly given a credit card not debit card, the creditors said yes but when they sent him the agreement letter they had added another £500 on so once again he declined to pay, if the agreement was worded wrong he could make an offer then the ball would be in his court.
The letter is for a credit card??? all the code numbers on the letter matched so these are the papers he has received.

fatbelly

The argument in document 3 is nothing to do with credit card charges. So he can still persue a claim for refund of charges on a credit card. See Martin's article here:

http://www.moneysavingexpert.com/reclaim/credit-card-charges

I'm not an expert on enforceability. Check it out on Never-in Doubt's thread here:

http://forums.moneysavingexpert.com/showthread.html?t=2305463

never-in-doubt

Hiya

Just had a look at the 3 uploads - pages 1 & 2 are for a credit card, limit was £2000 and card was issued in March 2006. This is fully enforceable.

If your friend was 'issued' a card after declaring he was on incap or whatever then this is something they need to sort out directly with the bank, or the FOS/FSA (as appropriate). Unenforceability does not play any part in the issuance or misselling of products - as it's a regulated product then you need to speak to the regulators if HSBC won't come to some sort of amicable agreement.

Page 3 relates to bank charges, however i'd assume that this is a mistake and HSBC replied with a bog-standard letter. Basically as fatbelly stated above, you should be going here to look at reclaiming charges: http://www.moneysavingexpert.com/rec...t-card-charges

Based on the fact page 3 shows arrears/balance as £1700+ i'd assume this is actually in relation to the credit card, but like I said - its their bog standard template.

Your friend needs to sort repayment asap - or complain to the regulatory bodies and do a separate claim for charges here: http://www.moneysavingexpert.com/rec...t-card-charges