Adinuff's UE Diary

[vint1954]

Re: Adinuff's UE Diary

They don't usually cover personal debt.

[Adinuff]

Re: Adinuff's UE Diary

Hi Guys,
Cabot have taken over a HSBC current account which i am already in default with. I checked my Credit file and they have registered another default for the same debt. i wrote a F&F template offering them £100 for £400 debt because i wanted to settle this default. They refused point blank and said they would only mark settled if i pay the full balance. Now they have gone and done this. Your help is much appreciated.

Adinuff

[Adinuff]

Re: Adinuff's UE Diary

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

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.

18/03/13 - 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.

Hi guys,
Received response from HSBC. It seems full of tech jargon which is beyond me.Anyone free to shed some light. they have sent me the agreement for the OD. Should i send to Niddy?

Adinuff

[MrsD]

Re: Adinuff's UE Diary

pop it off to Niddy

[Adinuff]

Re: Adinuff's UE Diary

pop it off to Niddy

Thanks mrs D,
can you shed any light on the default notice being issued twice on same debt?

adinuff

[Adinuff]

Re: Adinuff's UE Diary

Natwest/RBS Tesco CC (Wife)

Balance Approx - £1370

Default date - Approx 2006

Default Amount - £1650

DMP (Payplan) - £.3.98

Sold - Moorcroft Group

21/01/13 Letter send CCA and SAR request

31/01/13 [COLOR="Red"]Letter recieved stating SAR requires a signature(DPA 1998)(Section 7[/COLOUR]

04/02/13 Replied back saying will pick all details at local branch of RBS/Natwest providing relevant ID.

11/02/13 Recieved letter back for CCA. it states signature does not match on the one we have on record

13/02/13 Sent letter back stating that CCA does not require a signature. Will pick up CCa from local branch if Identifcatin is a big issue. Also stated that the 12 days were up on the 08/02/13

25/02/13 Recieved letter back from Tesco asking for Signature again for CCA

07/03/13 Recieved letter regarding SAR from RBS. "Cannot provide information you are looking for because we cannot locate it :-)

07/01/13 - Stopped payment

09/03/13 - Drafted letter from templates regarding signature not required have 14 days to comply and send CCA. Otherwise further action will be taken and regulatory bodies informed.

11/03/13 - Recieved letter back from Tesco. they state they do not require signature part of CCA1974 but for there own "Tesco Bank Process"

08/04/13 - Received email from Moorcroft Group stating regular payments haven't been received and to contact them asap.

09/04/13 - Sent letter to moorcroft stating My CCA request dated 21.01.13 to RBS/Tesco hass not been met. Attached a copy of the letter sent.

10/04/13 - letter received from Moorcroft again. this time stating latest instalment on your agreement not received. Records show that i am using a 3rd party in dealing with them (Payplan)They are confirm that they are still prepared to accept the sum agreed before...ignoring this they should of received the letter i sent yesterday about dispute.

16/04/13 - letter from Moorcroft. They have submitted request to Tesco Bank for relevant documentation. They will not seek to enforce this debt until such time Documentation has been supplied.

27/04/13 - Letter received from Tesco. Thank you for your letter dated xx/xx/xx. As per 3 diff prev letters, we do not ask for the signature as part of the CCA 1974, but part of TESCO BANK PROCESS. We require your signature b4 we release any info and have followed correct procedure. Unfortunately you have yet again failed to provide a specimen signature. Therefore we WILL NOT release any documents. FOR YOUR INFORMATION, this account IS enforceable and we will continue to recover the sums outstanding

Hey Guys,
Tesco still playing silly buggers and think they are above the law. Shall i just ignore and see what they do?

Adinuff

[Pixie]

Re: Adinuff's UE Diary

It seems like needing a signature is a new thing as they didn't need one when I ccad them three years ago.

You can either ignore them and see what they come up with next...while they are in defaut of your cca request the debt is deemed to be UE or you can sign over the anti-tamper strip

[Adinuff]

Re: Adinuff's UE Diary

It seems like needing a signature is a new thing as they didn't need one when I ccad them three years ago.

You can either ignore them and see what they come up with next...while they are in defaut of your cca request the debt is deemed to be UE or you can sign over the anti-tamper strip

Hi Pixie,
im gonna ignore them for the time being and see what they do next. They seem to emphasise they have a CCA and it is enforceable. But so would i in there shoes Did they have your CCA in the end?

Adinuff

[nightwatch]

Re: Adinuff's UE Diary

Hi Adinuff, Tesco and lombard have tried this with me aswell, I decided to play silly boogars aswell as them, so wouldn't sign. lombard have sent nothing and tesco sent some t&c and an agreement but said it was under the Data Protection Act??
they are now doing the rounds, good luck NW

[Adinuff]

Re: Adinuff's UE Diary

HFC Marbles CC (wife)

Balance Approx - £2249

Default Date - Approx 2006

Default Amount - £2700

DMP (Payplan) - £6.53

Sold - Lewis Group

05/03/13 - Have Sent CCA and SAR request to HFC. Sent wrongly to HBOS before :-(

07/03/13 - Reduced payment to £1

25/04/13 - Received letter back from beneficial reference SAR request.Thank you for your recent letter in which you have requested information relating to the agreements you hold with us. we have assumed that your request for information is likely to be in relation PPI policies. We can confirm the account did not hold PPI charges. Returned £10 postal order :-)Still no reply to CCA request

Hi Guys,
Recieved reply reference SAR but still no acknowledgment to CCA request. They have sent me a breakdown of charges they have applied since the account has been opened. They think this SAR request was in relation to PPI request and have retuned the £10. Should a reminder letter for CCA and orginal SAR request be sent again?

Adniff

[Never-In-Doubt]

Re: Adinuff's UE Diary

what did you want a SAR for then, if not PPI?

[Adinuff]

Re: Adinuff's UE Diary

what did you want a SAR for then, if not PPI?

Hey Nids,
I sent off a SAR and CCA request to everyone before you told me not too SAR and just do a CCA request. I suppose i got the £10 back and a little info on charges.

Adinuff

[Never-In-Doubt]

Re: Adinuff's UE Diary

ahh well try sending just a CCA request off with £1 payment

[Adinuff]

Re: Adinuff's UE Diary

ahh well try sending just a CCA request off with £1 payment

i have Nids. They haven't acknowledged my CCA request just SAR. So that's why i thought i need to send them a reminder about CCA. They seem to have SAR request so there shouldn't be any reason why the CCA hasn't been received.Also need some advice on how to tackle my double default registered by Cabottom. They have registered default from exact date and amount as HSBC original date. So no issues on that front. Do i contact HSBC data controller or CRA's? Is there any template i can borrow or use?

Adinuff

[Never-In-Doubt]

Re: Adinuff's UE Diary

No need to worry too much about duplicate default at this stage, but to argue just contact the CRA and say "this is a duplicate entry of XX" and they will remove the duplicate.

Easy enough to resolve.

regards CCA, if they have kept and cashed the cheque then give 14 days from then and then chase it using the CCA follow up template.