Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
"We may use any credit balance on any other account you hold with us to reduce or repay any sums you fail to pay under this Agreement. We will give you a reasonable opportunity to pay the outstanding sums before we do so. We will tell you as soon as possible after we do so"
I would say that they should have given written warning of their intention to do this ..... if they didn't I would say they are in breach of the statement in their T & Cs (as above ) ....... i.e. 'give you a reasonable opportunity to pay '.
It may be worth a letter to them to ask for a copy of any letter which they sent out to this effect.... tell them that failure to produce such a letter will result in you taking this up with the Ombudsman ....... and maybe your MP? The banks are getting stick for their callous practices at the moment, maybe they'll see sense - if they don't - follow through!
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.
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Hiya Bubble don't be too hard on "him" the banks are hardly playing fare at the moment .
I've not heard of HSBC doing this before in two bites but unfortunately, as long as they gave "him" reasonable notice (I think this would generally be considered to be a month) they are within their rights to operate a "set off" from another HSBC account to recover their money.
I would be inclined to send an SAR requesting copies of all correspondence, internal notes, telephone recordings or transcripts, statements and of course the signed credit agreement.
I would also add the current account and any other accounts he holds with HSBC to the SAR to see what they come up with.
The least you will get out of this is a claim for the return of your penalty charges, and maybe some compensation if HSBC have jumped the gun.
It wont be a quick solution but at least you will get something back