HSBC Credit card CCA

[Mochamoo]

MY BIL's Debts.

so awhile back asked DCA for CCA they couldnt get one and it got passed to DG Solicitors who sent a near identical letter to the one attached and also sent a made up cca again similar to the one attcahed (they spelt his name wrong).

I responded saying they did have to provide a proper CCA and they have so far ignored me.

HSBC have now sent this.. again spelling his name wrong

This debt is already up as a charging order yet they still keep sending it out left right and centre to DCA's


They obviously dont have a proper CCA otherwise they wouldnt be making them up. What do I do now?

[frisp]

Re: HSBC Credit card CCA

report them to FOS and OFT, send them a letter quoting s127 no agreement then account is unenforceable and stop paying remind them that in any courts action you will expect to see with their POC a signed copy of the agreement.

[Curlyben]

Re: HSBC Credit card CCA

Well as that "copy" clearly doesn't contain any of the prescribed terms, or required terms, in fact pretty much burger all, it is NO way complies with CCA.

As you say, they clearly don't have the agreement but are playing dozy plonkers.
Any legal action they even thought about taking one this should be laughed out of court as a complete waste of time.

[Mochamoo]

Re: HSBC Credit card CCA

They already have a charging order... BIL wasn't aware of it at the time as they kept sending letters to his old address, he wasn't answering the phone at that point in time either as he was getting 40 odd calls a day from dca's and his head was well and truly stuck in the sand.

What annoys me is they have obtained a rather sneaky charging order, and still send it out to every dca on the plant...are they even allowed to do that.

Is there any way I can get rid of the CO and set up a repayment plan?

[Curlyben]

Re: HSBC Credit card CCA

Well as he was unaware of the original CCJ this is a damn good reason to have it set asside.

When was it granted ?

[Mochamoo]

Re: HSBC Credit card CCA

Aug 07 I think by the looks of it.

[Curlyben]

Re: HSBC Credit card CCA

Interesting.
When was the first time the actually found out about this CO ?

[Mochamoo]

Re: HSBC Credit card CCA

A couple of months ago when I kicked his butt and took charge of his finances

Legal Beagles

HSBC Credit Card

June 15th sent CCA Req

1st August got made up CCA and info about charging order

5th August SAR sent to HSBC and to DG Solisitors

6th August got the docs from the court

2nd September wrote to DG sols told them to bugger off stop fibbing and give a me a real CCA.

14th September partial SAR stuff arrived.

16th September: wrote to them asking where the rest of the SAR was.
wrote to DG and HSBC and made official complaint about no CCA, also wrote to trading standards and ombudsman made complaint about no CCA, about farming the debt out to DCA's when they already had a charging order and about getting a charging order with out sending docs to BIL or having valid CCA to get charging order

There we go all up to date

[Curlyben]

Re: HSBC Credit card CCA

Right then so you need to get the ball rolling with getting the original CCJ set aside.
The grounds are never having received the original court claim as it was sent to a different address, also the fact the "agreement" is loo roll.

Loads more info here: Removal of CCJ's - Valid reasons to have your judgements set aside

[Mochamoo]

Re: HSBC Credit card CCA

Right will fill it in...may have questions later

Thank you x

[frisp]

Re: HSBC Credit card CCA

Agree with CB on all of the above, he mustn't stop payments but must get the CCJ put aside first.
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I'd also ask to see all the courts documents concerned with the CCJ, as they may contain a copy of the agreement. HAs BIL/you send a DPA request on the account? if not might be a good idea as if there are charges on the account then that too can be used as a cause to have the judgement set aside, as the amount of the 'alleged debt' is wrong on the paperwork

[MIKE770]

Re: HSBC Credit card CCA

Subbing

[Mochamoo]

Re: HSBC Credit card CCA

Agree with CB on all of the above, he mustn't stop payments but must get the CCJ put aside first.
------------------------------- merged -------------------------------
I'd also ask to see all the courts documents concerned with the CCJ, as they may contain a copy of the agreement. HAs BIL/you send a DPA request on the account? if not might be a good idea as if there are charges on the account then that too can be used as a cause to have the judgement set aside, as the amount of the 'alleged debt' is wrong on the paperwork

yes to SAR, they sent tons of stuff on the 40th day, no statements and nothing to do with the court case, so have sent them a complaint and request for the rest of the documents. Will be making complaint to ICO this week as they have still not sent everything.
------------------------------- merged -------------------------------

Subbing

At the top of the thread there is a little button called thread tools, if you click on it there is an option to subscribe to the thread without having to make a post.

I only found it a few months ago, hand little button

[MIKE770]

Re: HSBC Credit card CCA

yes to SAR, they sent tons of stuff on the 40th day, no statements and nothing to do with the court case, so have sent them a complaint and request for the rest of the documents. Will be making complaint to ICO this week as they have still not sent everything.
------------------------------- merged -------------------------------




At the top of the thread there is a little button called thread tools, if you click on it there is an option to subscribe to the thread without having to make a post.

I only found it a few months ago, hand little button

Silly Billy, arn!t I, I found that thread button only 2 days ago UH UH UH...........Thanks for reminding me.

[tallboy]

Re: HSBC Credit card CCA

This is my debt, I will fill the court papers in when I get my PPI refund cheque.