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hi guys. im new here and cant understand all those procedures...i think ive read too many...
here's the deal:
i have a credit card with HSBC (Mastercard). there is about 1250 quid on it with the 1300 limit. im in kind of difficult situation right now because my wife is 8 months pregnant and we're struggling a bit now. so i wanted to check if i can have this debt written off... credit card was taken in July 2006. the other thing is that they have raised my credit limit without agreeing that with me. at first i had 750, but now its 1300...
so, will somebody be king enough to explain me how to get that debt written off ? this would mean a lot to me and my wife.
Thanks
Last edited by rudy691; 13th October 2009 at 16:49.
Much has been written about getting credit debt written off because of legal loopholes and yes it is possible under certain circumstances.
I think the general feeling is the banks deserve it because they have been and still are being such idiots but morally you have had this money and spent it so you should really pay it back even if its at a much reduced rate and on your terms not the banks.
So on that basis you need to send off a Consumer Credit Act section 78 letter, its letter "N" in this thread, suitably edited to your own circumstances.
does anybody know to who in HSBC and what address am i supposed to send that request ? also that postal order supposed to be payed to what name ? thanks
There are others too, a quick search for HSBC address in the search would help if you dont like this one!
As for the postal order, I left mine with no name on it and they sent me some completely inadequate useless CCA, so I would leave that part blank (If anyone knows better please do not hesitate to correct me)
as hugh jeffort says leave the postal order blank. they may send it back anyway as they have returned cheques in the past...that way you can just cash it
CCA Call-up letter
Reference ....... (your letter of xx xxx xx)
I am disappointed that you have failed to respond to my request for a copy of my Credit Card agreement to which I am entitled under the Consumer Credit Act 1974 (Sections 77−79). A copy of this letter is attached for your convenience.
I have previously enclosed a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
I understand a copy of our credit agreement should be supplied within 12 working days.
I am sure you also 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.
Failure to respond positively will be reported to the Financial Ombudsman Service and the Office of Fair Trading.
Yours faithfully
You could add :
"PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) "
Nemo me impune lacessit
Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
If you think I've helped you please feel free to tip my scales
its not been 12 working days yet i'll a couple more days. letter was delivered on the 6th of August and signed by somebody called Griffin. Ive send them a message through online banking that i will send a call-up letter in the next few days. Thx
Last edited by rudy691; 16th August 2009 at 00:37.
hi. ive send a message through the online banking. ive included the cca request text in full:
Dear Sir/Madam
Re: Account Number: ----------------------
This letter is a formal request pursuant to s.78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.
I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
I look forward to hearing from you.
Yours faithfully
i wrote that i will send them the call-up letter soon. they've replied to my message, here's what i got:
"Thank you for your e-mail dated 16 August regarding the copy of the original agreement form.
If you wish us to provide you with the original copy of the signed terms and conditions then please write to the following address:
HSBC Bank plc
Chartwell House
365 Chartwell Square
Southend-on-Sea
Essex
SS99 2UU
However, if it is related with transaction disputes then please mark the envelope as 'For the attention of Transaction Queries'.
The External fax number is 01702 363182.
I notice your card account is currently being dealt with by our Cardholder Management Team.
For further queries, please call them on 08456 077 088 from UK or on (44) 1702 576 826 when calling from abroad. They are open from Mon - Fri 08:30- 21:00 and, Sat 09:00 - 13:00(UK time). They will be able to advise you.
Kind regards
Supratik Sarkar
Customer Service Team
HSBC Card Services"
This is all done to confuse you IMHO, rudy - it's a pillar-to-post shuffle hoping you'll give up and go away ....
I would send the call-up to the original address (Data Protection Team ) wtih a covering letter saying that it is for them to contact any dept of theirs which is responsible ..... it is for them to produce the info you require, and that failure to comply within the next (?) days will result in a report to the Information Commissioner .
that was only the credit card statement...should I wait bit more or just send that call-up letter now ? my cca request was delivered on the 6th of August.
Re: letter sent on 5/08/2009 (delivered on 6/08/2009)
I am disappointed that you have failed to respond to my request for a copy of my Credit Card agreement to which I am entitled under the Consumer Credit Act 1974 (Sections 77−79). A copy of this letter is attached for your convenience. There is also a copy of post office receipt to prove that letter was sent.
I have previously enclosed a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
I understand a copy of our credit agreement should be supplied within 12 working days.
I am sure you also 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.
Failure to respond positively will be reported to the Financial Ombudsman Service and the Office of Fair Trading.
PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)
rudy_691 vs. HSBC Credit Card
.
i'll a couple more days. letter was delivered on the 6th of August and signed by somebody called Griffin. Ive send them a message through online banking that i will send a call-up letter in the next few days. Thx
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