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

Shotters

Hi Guys,

Sorry for the late update Ive been away for a while getting sorted out.

Thanks for all your help I have paid off one Credit Card, Sent out 5 SARs to diffent lenders and am pursuing my bank and credit card providers as a result of all the knowledge I've picked up from this site, so thanks.

And it is actually quite alot of fun. I'm incredibly lucky to be able to devote the time to this, I could never have done this if I was working.

Had some replies to all of the SARs that I sent off. HSBC sent back the £10 Postal Order saying they'd send the stuff on.

Never heard anything from MCS. I recieved a reply to the S.A.R - (Subject Access Request) from CDRU who didn't acknowledge that it was a Subject Access Request. They just thanked me for the payment and showed the balance had reduced by £10 and asked me to arrange payment within 10 days. So the cheeky gits took the SAR payment.

Then the reply to the CDRU S.A.R - (Subject Access Request) was as above, £10 deducted from the outstanding balance to them and a request for me to arrange payment in 10 days.

On top of this the letter outlining my situation was acknowledged and they said they'd give me until 11th February to sort out payment.

HSBC responded to the S.A.R - (Subject Access Request) and have given me the documents.

MCS didn't even respond (although I know that CDRU is a trading style of MCS so technically they may have done)

CDRU responded but didn't acknowledge my S.A.R - (Subject Access Request) letter or indicate that they would make any effort to comply with it.

CDRU recieved the S.A.R - (Subject Access Request) on the 11th of January.

Will they be in breach of the S.A.R - (Subject Access Request)?

Does the fact that HSBC have responded with details affect CDRU's obligation to comply with the S.A.R - (Subject Access Request)?

Should I send a S78 CCA request or wait until the S.A.R - (Subject Access Request) process has taken its course?

I can post the letters if you like but couldn't immediately see how to do so...

Thanks for your help guys,

Round 2.

Shotters.

Shotters

Just a quick point...

Its been 27 days since they recieved the letter, as acknowledged by them, so I'll have a think about a reminder but I think I'd rather they breached the S.A.R - (Subject Access Request).

Roll on Friday!

Shotters

rog2

Shotters wrote: »

Just a quick point...

Its been 27 days since they recieved the letter, as acknowledged by them, so I'll have a think about a reminder but I think I'd rather they breached the S.A.R - (Subject Access Request).

Roll on Friday!

Shotters

Hold on a minute, Shotters - I think they have 40 days to supply the information, rather than 30 (as in the case of a cca request) - I'm not in my office today, but will check later.
It is, unfortunately, quite common for creditors, especially dcas, to 'claim' the £10 statutory fee as a 'payment' towards the 'alleged debt'. They try to use this to say that you have, in fact, acknowledged the debt. This is why it is so important to keep copies of all correspondence to these chancers.

Shotters

Hi Guys,

its been a while I' getting better and am up and about now. Off to rehab soon to get my legs squared away.

Recently had a reply to the S.A.R - (Subject Access Request) I sent MCS/CDRU on the 9th of January, which means that since the 20th of February its been late, which makes them... 76 days late on that one so I'll be sending a complaint to the Information Commissioners Office, today as well as writing to inform CDRU that the debt continues to be in dispute with HSBC which precludes them taking any action to recover it.

Also does the fact that I am unable to resolve my debt in dispute with HSBC because of the ongoing OFT test case mean that the debt will continue to be in dispute and thus unpursuable until this case is resolved, which wont be before a good six years has passed and this debt is unrecoverable - or is this just wishful thinking.

They cant pursue me for something thats in dispute, and this will continue to be disputed until the test case is finished...?

Also I have had a letter from HSBC which I had originally sent to CDRU saying that the fact they were unable to provide a copy of the credit agreement as per the CCA s.78 request was irrelevant - any pointers on how how I should pursue that one.

All advice gratefully recieved, hopefully be able to draw this to a close - whatever that may be before long.

Happy Wet Bank Holiday!

Shotters.

ps would post the cdru letter but cant get stupid brain to work computer.

dinkytwostep

Can't offer advice but bumping thread so that someone else can.
DTS

Shotters

Right,

Small update. I sent the letter below on the 11th of feb and recieved their reply in April, long after the 12 working day limit had expired. They dispute the legality of what I am saying. I suppose this could be a common bluffing tactic hoping that ill follow their interpretation of the law. Until I recieved this CDRU had laid off but now they re back on my case although I have fended them off with a letter saying that the debt remains in dispute.

It may be that it is now a case of stalemate and that neither side can do anything-is that correct or is there another avenue I should be heading down?

Still the situation is a whole lot better then it was six months ago.

Thanks again.

Shotters




Dear Sir/Madam,

With reference to the above agreement, I would be grateful if you would send a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of the credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours sincerely,


Dear Mr...

Thankyou for your correspondence dated 11th February 2008. Please accept my apologies for the delay in responding to you.
Both reference numbers in your letters relate to the same account. I regret that I am unable to provide you with a copy of the original application in respect of the account.
However, we are not legally obliged to do so. We are only required to provide a copy of the Terms which were in effect when the account was opened and the current Terms. Copies of both these documents are enclosed.
Should you require any further information or assistance please telephone one of our representatives on 08456 077088 during office hours.

Yours sincerely,

Chris Oberhauser.
Head of Telephone Collections

Shotters

Right Gents,

Happy New Year! A belated update. I had thought the whole thing with HSBC had reached stalemate. Hadn't heard anything so I imagined they had given up, rolled over and died. Sent a CCA S.78 request to all parties involved (as above) which resulted in a nonsense letter from HSBC saying the debt was still enforcable as above.

However since then I han't heard anything... until I went home for Christmas...

My mums address is where all my mail goes so when I turned up for Christmas pud and pressies I found a letter there from Equidebt and a further letter from Geoffrey Parker Bourne Solicitors threatening court action.

All I've done is call them to say the debt is in dispute and that I will be contacting them via the post.

So the debts been sold on as HSBC couldn't enforce it; they probably sold it on as a batch of a few thousand and the action I need to take is to send a letter stating that the debt is unenforceable as per the correspondance above and that they have been sold a dud.



Is that right guys or would suggest otherwise?

Thanks for all your help guys, a bit of a success story over all. With the extra £250 I've saved each month which was going on interest to HSBC credit card before I got here, I have managed to pay myself down from £25000 to being only £900 in debt, excepting the £10,000 in this dispute, since I joined.

Thanks!!!

Shotters

Hello guys any advice on this?

Need to draft a letter for monday...

"BUMP"