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Re: Adinuff's UE Diary
Hi Guys,
These guys seem to be on ball and have sent me CCA for Overdraft. I have stopped payments anyhow. Whats your thoughts shall i set the clock running or reduce to £1? bit lost with this one.
Adinuff
Originally posted by Adinuff
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HSBC Bank Current Account Business Sole Trader (joint)
Balance Approx - £13178.92
Default Date - 14/03/07 (Passed over to Payplan)
Default Amount - £15500
DMP (payplan) - £40 monthly Stopped Paying
Inhouse Collections - Metropolitan
21/01/13 - SAR request sent
28/01/13 - Letter recieved confirming they will insitgate a search reference SAR
30/01/13 - Letter recieved stating signature required for CCA request
04/02/13 - Letter sent stating that signature is not required and will pick up documents from local branch with SAR request.
27/02/13 - Letter recieved documentation is ready for collection at local branch
06/03/13 - Recieved SAR from HSBC regarding business current account. Original Overdraft was £4250. Account went over to £25k at one stage with Charges and interest. Payplan sent a letter to Ombudsman in 2008 for interests charges to be stopped. Intially rejected by HSBC in 2006. Account is back down to £13178. so seems they must of took charges and penalties off i presume. Need to confirm with PP.
06/03/13 - CCA request sent as per template on Overdrafts section
07/03/13 - reduce payment to £1
26/03/13 - Received letter back from HSBC. "Thank you for your letter dated 06/03/13. we are currently looking into this with the relevant department. Will get back to me with a full response once investigated"
12/04/13 - Recieved letter from HSBC stating they are looking into my complaint. estimate response by 10/05/13.
17/04/13 - received letter from HSBC. May i advise you, the consumer credit (EU Directive) 2010, which inserted sections 74A and 74B into the consumer Credit Act 1974 (hereinafter the Act), does not impose a duty on a crditor to provide copies of the historic overdraft agreements. Nevertheless we enclose a copy of the facility letter dated 12/;03/08, being a copy of the overdraft agreement,for your info.
As the requirements set out in sections 74A and 74B of the act did not come into affect until 1 feb 2011, they do not apply to the agreement in question. Notwithstanding, the facility letter contains information which would in any event comply with the newly inserted provisions.
as to your contention that the bank is under a duty to furnish you with the information required by the aforementioned sections on annual basis, we cannot agree. These provisions only apply to existing and prospective overdraft agreements.
The balance outstanding on this account arose from the agreement entered into in March 2008 which was fixed in duration until 19 March 2009. as such, this debt relates to a historic OD agreement and the facility is no longer available. Therefore, the bank is not required to provide an annual statement relating to the current OD agreement as there is no such agreement in existence.
At this stage we would like to point out that upon the account closure in March 2009, the balance outstanding was transferred for recovery to Metropolitan Coll and interest and charges have remained frozen. Whilst i appreciate that this may not have been the response you may have anticipated, i trust this serves to clarify the banks position on the matter.
18/04/13 - Letter addressed to wife. "Response to a request pursuant to Section 77 of the consumer Credit Act 1974. we write to your letter dated 25/01/2013???. in normal circumstances the request you have made under section 77 off the CCA 1974 is not valid and HSBC has no obligation to provide the documents you seek. This is because the info relates to closed /repaid products that are no longer in force.
However we have assumed that your request for info is likelt to bin relation to obtaining details of PPI that you held with HSBC...goes onto mention CC that they think i have held with PPI. return my £1 postal order for safekeeping.
Balance Approx - £13178.92
Default Date - 14/03/07 (Passed over to Payplan)
Default Amount - £15500
DMP (payplan) - £40 monthly Stopped Paying
Inhouse Collections - Metropolitan
21/01/13 - SAR request sent
28/01/13 - Letter recieved confirming they will insitgate a search reference SAR
30/01/13 - Letter recieved stating signature required for CCA request
04/02/13 - Letter sent stating that signature is not required and will pick up documents from local branch with SAR request.
27/02/13 - Letter recieved documentation is ready for collection at local branch
06/03/13 - Recieved SAR from HSBC regarding business current account. Original Overdraft was £4250. Account went over to £25k at one stage with Charges and interest. Payplan sent a letter to Ombudsman in 2008 for interests charges to be stopped. Intially rejected by HSBC in 2006. Account is back down to £13178. so seems they must of took charges and penalties off i presume. Need to confirm with PP.
06/03/13 - CCA request sent as per template on Overdrafts section
07/03/13 - reduce payment to £1
26/03/13 - Received letter back from HSBC. "Thank you for your letter dated 06/03/13. we are currently looking into this with the relevant department. Will get back to me with a full response once investigated"
12/04/13 - Recieved letter from HSBC stating they are looking into my complaint. estimate response by 10/05/13.
17/04/13 - received letter from HSBC. May i advise you, the consumer credit (EU Directive) 2010, which inserted sections 74A and 74B into the consumer Credit Act 1974 (hereinafter the Act), does not impose a duty on a crditor to provide copies of the historic overdraft agreements. Nevertheless we enclose a copy of the facility letter dated 12/;03/08, being a copy of the overdraft agreement,for your info.
As the requirements set out in sections 74A and 74B of the act did not come into affect until 1 feb 2011, they do not apply to the agreement in question. Notwithstanding, the facility letter contains information which would in any event comply with the newly inserted provisions.
as to your contention that the bank is under a duty to furnish you with the information required by the aforementioned sections on annual basis, we cannot agree. These provisions only apply to existing and prospective overdraft agreements.
The balance outstanding on this account arose from the agreement entered into in March 2008 which was fixed in duration until 19 March 2009. as such, this debt relates to a historic OD agreement and the facility is no longer available. Therefore, the bank is not required to provide an annual statement relating to the current OD agreement as there is no such agreement in existence.
At this stage we would like to point out that upon the account closure in March 2009, the balance outstanding was transferred for recovery to Metropolitan Coll and interest and charges have remained frozen. Whilst i appreciate that this may not have been the response you may have anticipated, i trust this serves to clarify the banks position on the matter.
18/04/13 - Letter addressed to wife. "Response to a request pursuant to Section 77 of the consumer Credit Act 1974. we write to your letter dated 25/01/2013???. in normal circumstances the request you have made under section 77 off the CCA 1974 is not valid and HSBC has no obligation to provide the documents you seek. This is because the info relates to closed /repaid products that are no longer in force.
However we have assumed that your request for info is likelt to bin relation to obtaining details of PPI that you held with HSBC...goes onto mention CC that they think i have held with PPI. return my £1 postal order for safekeeping.
These guys seem to be on ball and have sent me CCA for Overdraft. I have stopped payments anyhow. Whats your thoughts shall i set the clock running or reduce to £1? bit lost with this one.
Adinuff
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