Home, shot, from Afghanistan to HSBC/MCS/CDR

Karmacat

Hi shotters

Don't know how to help with this one, but just wanted to post in your support. One relative is out there now, another is off there in May - he's in the TA - and glad to know you're getting better.

Good luck, and keep posting, it sounds like you've found people to give expert advice on here.

System

Hi Shotters, hats off to you and the rest of you out there, Navy, Army, Airforce, TA and other reserve units; not something I would like to do. I hope that your wounding has not hindered you in anyway. If you incurred bank charges as a result of not getting paid by the MOD then you will be entitled to claim back any of these charges. Pop into your local TA/Army personnel office and they should be able to take it forward for you. You will also be able to claim these charges back from the bank as well; after you have claimed them back from the MOD. Lenny

Shotters

Hey Guys,

This is the letter Ill send to CDR the debt recovery unit of HSBC. Ill then follow it up with A subject Access Request and a CCA Section 78 letter.

I have nt applied to the military to get the bank charges back I thought Id claim them back in one hit from HSBC.

Any advice on this letter would be appreciated, Ill send it out this afternoon or tomorrow morning together with the S.A.R - (Subject Access Request) and CCA 78 letters.

Hope you guys had a good weekend,

Shotters

CDRU
PO Box 4093
Worthing
West Sussex
BN11 2RD

8th January 2008

Your Reference:


Dear Sir/Madam,

I write to give an overview of a conversation I had with one of your staff, “Helen”, yesterday concerning my account.

I told Helen that I became aware of this debt last Thursday (the 3rd January 2008. Prior to then I had neither received any mail correspondence from HSBC or indeed MCS/CDRU concerning this matter. I only became aware of this when I enquired about the account when using HSBC telephone banking.

Last year when this debt was passed from MCS to CDRU I was in Afghanistan and was not due back until April 2008. I returned injured in November and spent several months in hospital. As a result I am in between hospital and rehabilitation and have no fixed address. You may correspond with me at the above address, however any phone calls or visits by your employees or labour you may have contracted will be viewed as harassment and reported to the ombudsman.

I am currently in dialogue with HSBC trying to understand how this debt was allowed to escalate.

I am fully committed to resolving this matter and would be very happy for you to communicate with me by post.

For the sake of posterity, your employee, Helen mentioned that the account could be paused for 2 Weeks “Max.

She also said that I could be charged for letters that you sent me.

Finally she mentioned that by withholding my telephone number I was being uncooperative.

I will be deciding how to pursue this matter in the next few days and will write to you to advise what this course of action is.

Yours Sincerely,

rog2

Hi shotters - Don't take this the wrong way, but I would not advise that you send that letter. By sending the cca or SAR requests, you will be putting the 'debt' into dispute with the original creditor, whereas your letter to CDRU - eloquent as it is - could be seen as an acknowledgement of a 'debt' to them, and could, possibly, prejudice your rights under the Consumer Credit Act.
Simply send them the cca request - they have a legal obligation to provide you with a copy of the original cca. Any further contact, by them, until they have supplied that information, can be treated as 'harrassment'.

Shotters

Thanks Rog2,

Your right, I do need to keep it simple.

Shotters

Hi Guys,

The letter below went today to Central Debt Recovery, clearly stating the debt is in dispute, and the S.A.R - (Subject Access Request) request below that went to HSBC, MCS and CDR to keep them all busy.


CDRU
PO Box 4093
Worthing
West Sussex
BN11 2RD

9th January 2008

Your Reference:

THIS DEBT IS IN DISPUTE

Dear Sir/Madam,

I write to give an overview of a conversation I had with one of your staff, “Helen”, on Monday the 7th of January 2007 concerning my account.

I told Helen that I became aware of this debt last Thursday (the 3rd January 200. Prior to then I had neither received any mail correspondence from HSBC or indeed MCS/CDRU concerning this matter. I only became aware of this when I enquired about the account when using HSBC telephone banking. As a result you should be aware that this debt is in dispute.

Last year I was in Afghanistan and was not due back until April 2008. I returned injured in November and spent several months in hospital. As a result I am in between hospital and rehabilitation and have no fixed address. You may correspond with me at the above address, however any phone calls or visits by your employees or labour you may have contracted will be viewed as harassment and reported to the ombudsman.

I am fully committed to resolving this matter and would be very happy for you to communicate with me by post.

For the sake of posterity, your employee, Helen mentioned that the account could be paused for 2 Weeks “Max”.

She also said that I could be charged for letters that you sent me.

Finally she mentioned that by withholding my telephone number I was being uncooperative.

Can you please confirm under what circumstances you would be legally entitled to charge me for letters that you may send me.

I will be deciding how to pursue this matter in the next few days and will write to you to advise what this course of action is.

Yours Sincerely,


Group Data Protection Manager
HSBC PLC
8 Canada Square
London
E14 5HQ

9th January 2008

Data Protection Act 1998
Subject Access Request

Dear Sir/Madam


ACCOUNT NUMBER:


Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.


Yours faithfully,



Plan after this will be to wait for the SARs to run their course while I swat up on making a CCA request. In the meantime I have calculated that HSBC owe me for illegal charges applied to my current account so will be taking them to court for that as well. Going to be swatting up on that tonight.

Thanks for giving me the impetus, knowledge and experience to get this one moving guys!

Shotters.

stapeley

hi , when i tried to contact the OC they told me the account had been passed on , and they were no longer dealing with it . Could be that they have sold it on cheaply to a DCA . The OC have therefore "washed there hands of it". What the CCA AND DEED of Assignment will do is ensure that any money paid will go to the correct people . This request will put you in afar better position .
As far as reclaiming back bank charges go , we are all wait for a Law Lords jugdement !

stapeley

Also , remember if the account has been "sold on " . The DCA will have paid something like 10p in the £1. The tactics of these companies is to demand full payment , then ,they may offer a reduction of 20% . If they have not got the correctly signed Agreement, you may find a greater reduction offerd . Have a look at some of the other POSTS, Like mine , LETS ALL ASK FOR OUR CCA

stapeley

These DCA,s use underhanded methods , and in some cases, claimed debts do not even belong to the person hassled . So whatS wrong with requesting the CORRECT SIGNED PAPERWORK ?????

rog2

stapeley wrote: »

These DCA,s use underhanded methods , and in some cases, claimed debts do not even belong to the person hassled . So whatS wrong with requesting the CORRECT SIGNED PAPERWORK ?????

Please try not to feed the TRoll, stapeley. Just report his irrelevant posts as abusive. It takes time, but they do, usually, get removed. :beer: