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.
Hi - 4 years ago I started a business & HSBC willingly threw money to finance it. I also took out bank accounts, Life Insurance and a massive mortgage with them. Unfortunately, last year the business was performing badly, but I managed to achieve a sale. This was in the process of going through when I got a visit by the baliffs; I asked HSBC to lend me more as I did't want to lose my sale; they said no & told me to get it from where evr I could. So I did, (welcome finance) thinking it would be paid off as soon as I sold up. Ayway, when the sale went through HSBC demanded all of the proceeds; leaving me with the £15k loan, & my overdrafts & part of the original loan as the sale money didn't cover it. During this time, my other half got employment, but we fell behind with the mortgage (only 1) we had an account manager who was manageing the account & paying mortgage direct. We were classed as having arrears, even though if the account had been managed properly, the payment date could've been changed by 1 week, an no arrears would have shown. I've got rid of the account manager, and now changed the date of the mortgage. The account shows up to date for the past 7 months, but shows as (2) for the other 4 months on credit report. HSBC now demanding the loan be repaid in full. They have said they'll accept a lower amount to repay (£41k intead of £50) but it's got to be paid by the end of the month! I've tried to remortgage with them to cover, but 'cos credit file shows bad debt - they won't touch me, nor will anyone else. The £15k loan also needs paying - ive paid £450 per month for 1 year, and only paid off £100!
Am completely at the end of my tether. The business side of HSBC have a secured debt on my property that is mortgaged with them, they are demanding repayment of the business debt - they won't put it as a mortgage as due to the poor account management we are showing as arreas on the mortagage for 4 mths. They will start reposession proceedings if payment is not rec'd.
Hi - first of all can you try to break this down into a smaller list of say:
AMount outstanding on loan with HSBC and what is comprises
Amount re WElcome
Did HSBC sell you any other product other than life insurance e.g. PPI on the loan? Have you got all your statements? - you need to go through these and identify all the charges as you should start claiming these back - that would apply to the business account and personal accounts. These will have racked up the balance with interest on them too.
The overdraft can be called in at any time - also need to look at the Welcome Fin. contract.
This account manager u got rid of? - sounds like a debt management plan company ? and if so I presume they were taking a percentage from you - did they pay everything they should - some of these companies were found not to be sending the money on??
Dont call for your credit report again as this gives them permission in the small print to pass on your details - we can worry about tidying up any errors in that later.
First thing to do is get a proper idea of what is current situation and send a request for their files with a SAR. Who sent bailiffs round? and did you get a notice about that?
bailiffs or just a bank/DCA thug? if they were bailiffs you must have at least one CCJ against you? if they were just bank/DCA heavy's they have absolutely no rights whatsoever.
we had an account manager who was managing the account & paying mortgage direct.
Who was this? a bank employee, an employee of yours or some sort of account management company?
They will start repossession proceedings if payment is not
Repossession or a Charging Order? repossession seems a little over the top even for 4 late payments.
All is not lost we just need to sort out exactly where you are, if things are imminent it might be prudent to book an appointment with the CAB or to phone the national debt line .
The bailiffs were linked to the business which has now gone, so I hav verified with my credit report that there is no CCJ.
The account manager was an employee of HSBC - we were remier account holders!
What's the difference between repo & a charging order?
I spoke to the national debt line, & they didn't appear to think I had any issues as I have the equity in the house that would cover the debt. The thing is, it's ourfamily home & I don't wan to sell it.