HSBC Loan; they are unable to provide my CCA

chanz4

Its after 2007, so they can reconstruct it

jonesMUFCforever

It is not a grey area at all - they will get a reconstituted copy if they need one in court.
You will be defaulted if you don't repay.

Just as a side question can I ask what has happened to your copy of the agreement?

gb12345

jonesMUFCforever wrote: »

It is not a grey area at all - they will get a reconstituted copy if they need one in court.

I didn't have time to search to find out what the current legal position is with reconstituted agreements - when I left the UK Carey/HSBC had just been concluded, but I haven't kept track of what has happened since then.

jonesMUFCforever

gb12345 wrote: »

I didn't have time to search to find out what the current legal position is with reconstituted agreements - when I left the UK Carey/HSBC had just been concluded, but I haven't kept track of what has happened since then.

It went in the favour of the bank!

meer53

Kosenurm wrote: »

Hello,

I have held a £10k loan with HSBC since 2011. I wrote to HSBC data compliance to request a copy of my original signed credit agreement, for this loan. I have today received a response from the Assistant Manager of Data Privacy Compliance saying that 'unfortunately, we are unable to locate the credit agreement for loan (sort and acct) as this is not held electronically or in a relevant manual filing system'.

Does this mean that they can continue to enforce the debt, or can I take my case to the ICO and/or FOS to try to get the rest written off?

Many thanks,

K

Why don't you want to pay it back ?

pheonixrising21

Have a look at the Consumer Credit Act. In certain circumstances, lenders are not entitled to enforce the agreement, which I believe essentially means that they cannot charge interest during the period they are in breach.

You have to pay back the loan, but you may be entitled to a refund of interest for the period of time they have been in breach of the Consumer Credit Act.

I am unsure if what you describe constitiutes a breach or not, and even if it does, be prepared for a battle with the lender, probably going to FOS or further.

_Andy_

I like turtles

jonesMUFCforever

pheonixrising21 wrote: »

Have a look at the Consumer Credit Act. In certain circumstances, lenders are not entitled to enforce the agreement, which I believe essentially means that they cannot charge interest during the period they are in breach.

You have to pay back the loan, but you may be entitled to a refund of interest for the period of time they have been in breach of the Consumer Credit Act.

I am unsure if what you describe constitiutes a breach or not, and even if it does, be prepared for a battle with the lender, probably going to FOS or further.

Yes of course dear.

Bravehearted_2

pheonixrising21 wrote: »

Have a look at the Consumer Credit Act. In certain circumstances, lenders are not entitled to enforce the agreement, which I believe essentially means that they cannot charge interest during the period they are in breach.

You have to pay back the loan, but you may be entitled to a refund of interest for the period of time they have been in breach of the Consumer Credit Act.

I am unsure if what you describe constitiutes a breach or not, and even if it does, be prepared for a battle with the lender, probably going to FOS or further.

What breach are you even referring to? Not being able to find the CCA? How does that stop them charging interest?

This Einstein of an OP wants the loan written off entirely - in what world do you think that's possible?