Cca Requests Updates Please

rog2

pebbles88 wrote: »

they stapled a copy of a Credit Card Agreement to the back of that, but a recent one, which looks new due to the charge for non payment being £12 (as per miss M deducted! ), again has no details nor space for any apart from the credit limit of 10,000, but again this proves that its not what it was at the start of me taking the card as my first limit was only 1000.
its like something that you could just ask for a copy of over the counter IYSWIM??

Definitely not the 'original executed agreement' that you were entitled to, and that they were legally obliged to provide.
Looks like they are in default of their obligations.

Goodfellas

Firstly, sorry for the long post. I have posted about this before and I have now had my response from HSBC after 1 month of phone calls to them. And I really need some advice on what to do next.

Their cover letter states that:

Section 78 (1) of the consumer Credit Act 1974 requires us to provide a copy of the Executed Agreement if any. Regulation 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulation 1983 allows that certain items may be omitted from such copies, including the signature box and signature.

Therefore, the copy of the Executed Agreement we must supply is a copy, but need not be a photocopy, of the signed Agreement. Regulation 7 of those regulations also requires us to provide a copy of the Executed Agreement, as varied, where there is a power to vary the Terms of the Agreement, where there is with your Card Agreement and that power has been exercised to vary the Agreement, which again is the case with your Agreement.

We have, therefore, enclosed an up to date copy of the terms applicable to your account, a copy of the latest Variation Notice issued in respect of your account and a blank copy of the agreement form. The Agreement Form contains the original Terms that you accepted when you entered into the Agreement. The section 8 highlighted gives the bank the right to vary the Terms. The variation notice shows that the Terms have been varied and therefore, in accordance with this legislation, the up to date Terms are the appropriate information to produce.

The pack they have sent me contains a blank application form not filled out and not signed.

What does this mean? They haven’t said that they cannot provide me with the original but then they haven’t sent me the completed one. Also I think they were stalling because I requested this information over a month ago and have been harassing them on the phone for it.

As you will see from previous posts I have been trying to negotiate a full and final with them on £8,000 they will settle for £5,700 I offered them £4000 (50%). They will not accept and it goes up every time I speak to them as they are applying interest and charges at £100 a month.

I would like to offer them a lesser amount so that I can pay my overdraft with them off with them too and then I will only have to deal with my loan with them.

GeorgeUK

Goodfellas, it may be better to do a subject access request (SAR - cost £10)

They will be required under the Data Protection Act to provide you with a copy of all transactions for the last 6 years, so you may be able to claim back alot of these charges. They also need to provide a copy of all documents they hold on you and this should include a copy of the CCA - with signatures. If they don't provide it then they either don't have a copy of the CCA or have not fulfilled their legal obligation under the DPA. They have 40 days to comply.

Remember not to send your signature on anything you send. A copy of your birth certificate and a utility bill should suffice.

rog2

Goodfellas wrote: »

Section 78 (1) of the consumer Credit Act 1974 requires us to provide a copy of the Executed Agreement if any. Regulation 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulation 1983 allows that certain items may be omitted from such copies, including the signature box and signature.

True

Therefore, the copy of the Executed Agreement we must supply is a copy, but need not be a photocopy, of the signed Agreement. Regulation 7 of those regulations also requires us to provide a copy of the Executed Agreement, as varied, where there is a power to vary the Terms of the Agreement, where there is with your Card Agreement and that power has been exercised to vary the Agreement, which again is the case with your Agreement.

Dubious

We have, therefore, enclosed an up to date copy of the terms applicable to your account, a copy of the latest Variation Notice issued in respect of your account and a blank copy of the agreement form. The Agreement Form contains the original Terms that you accepted when you entered into the Agreement. The section 8 highlighted gives the bank the right to vary the Terms. The variation notice shows that the Terms have been varied and therefore, in accordance with this legislation, the up to date Terms are the appropriate information to produce.

NOT a copy of the original executed agreement

The pack they have sent me contains a blank application form not filled out and not signed.

An application form does not constitute a consumer credit agreement: http://forums.moneysavingexpert.com/showpost.html?p=9323533

What does this mean? They haven’t said that they cannot provide me with the original but then they haven’t sent me the completed one. Also I think they were stalling because I requested this information over a month ago and have been harassing them on the phone for it.

Sounds as though they are ALREADY 'in default'.

As you will see from previous posts I have been trying to negotiate a full and final with them on £8,000 they will settle for £5,700 I offered them £4000 (50%). They will not accept and it goes up every time I speak to them as they are applying interest and charges at £100 a month. - Typical :mad: :mad:

I think that you may be best advised to get one of the Debt Charities on your side - HSBC appear to be behaving very arrogantly (diplomatic) towards you, as well as disregarding their obligations under the Consumer Credit Act, 1974.

Get a second opinion from either:

• National Debtline - www.nationaldebtline.co.uk/ - tel. 0808 808 4000
• CCCS - www.cccs.co.uk/ - tel. 0800 138 1111
• A Debt Adviser at your local CAB

Goodfellas

GeorgeUK, I will most definitely do this do you have a template letter to request one of these?

I thought that Maybe they would be more likely to accept a full and final if I wrote to them saying that they have failed to provide me with the CCA and make an offer of
payment?

What do you think?

rog2, they are definately being very arrogant towards me and have ignored all of my letters explaining my circumstances and continue to charge me. My letters have my CCCS ref no on as I have been in contact with them lasy year but not this year as I have just been making token payments.

May be I will contact the CCCS and then send for the SAR depending on what they think.

rog2

Goodfellas wrote: »

May be I will contact the CCCS and then send for the SAR depending on what they think.

Sounds like a good idea.

Miss_Marple_2

Just thought I would update you on my CCA request progress.

My creditor have said that all collection activities will cease, but that any non-payment will result in them registering a default on my account.

I have responded telling them that they cannot do that because 1) they cannot register a default whilst the account is in dispute and 2) seeing as they have no signed CCA, they have no authority to share any information about me or my account.

I'm waiting for a response to that one.

rog2

Miss_Marple wrote: »

My creditor have said that all collection activities will cease, but that any non-payment will result in them registering a default on my account.

I have responded telling them that they cannot do that because 1) they cannot register a default whilst the account is in dispute and 2) seeing as they have no signed CCA, they have no authority to share any information about me or my account.

They certainly don't give in graciously, do they. :rolleyes:

Broken_hearted

Can we force Halifax to accept the debt is unenforceable or do we just have to accept them ignoring us?

rog2

Broken_hearted wrote: »

Can we force Halifax to accept the debt is unenforceable or do we just have to accept them ignoring us?

You can inform, through the 12+2 day letter, Halifax that the debt is unenforceable. If they decide to take you to Court to try to enforce the agreement, then the Court - on hearing your defence - has the right, via a Judgement, to force Halifax to accept that the debt is irrideemably unenforceable.