Would like to know your thoughts on this.
I have received a reply from HSBC since sending the 3rd letter (I have not gone down the trademark route as my debt with them is less than £2000).
The reply is similar to ones others have posted: Unless you can demonstrate that you are not the person who entered into the agreement, the question of liability remains without question. We are under no obligation to provide the info you have requested, your requests will not be considered any further. Etc etc.
This letter is addressed to me as Miss Amy......
They have then enclosed the following letter from Crown Legal Services:
Please find enclosed copy documents as requested for your perusal.
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) Regulations 1983 allows that certain items may be omitted form such copies, including the signature box and signature.
They 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 agreement, which there is with your client's card agreement and that power has been excercised to vary the agreement, which again is the case with your client's card agreement.
We therefore enclose an up to date copy of the terms and conditions applicable to your clients account, a copy of the latest variation notice issued in respect of your client's account and a reconstituted copy of the agreement form. The variation notice shows that the terms have been varied and therefore in accordance with this legislation the up to date terms and conditions are the appropriate information to produce.
With regard to the Signed Application form that you made request for, we have conducted a reasonable search, and at the time of the request, the document could not be located. It was in our control but is no longer in our possession. Therefore we have enclosed a reconstituted copy along with two certified statements duly stamped and signed for your records validating any debt outstanding.
I am a bit concerned as this crown letter and the copies they have enclosed are for someone entirely different!! They are regarding someone called Tina. They have sent me copies of her recent credit card statements (which has her card details, balance info address etc on it!) and a copy of the credit card request form (which they appear to have filled in themselves as it's not signed and it's written in pen and not a copy) with her address details on it!
Surely this is a breach of data protection??? What should I do?? Should I write to her to let her know? Should I inform HSBC of their stupid error?? ARRRGGGHH!!! Could this potentially work in my favour???
Sorry this message is a bit long and detailed but I want you to see what I'm dealing with. I would have scanned the letters but I don't have a scanner.
Your advice is appreciated!