Thread: Loan signed month after funds released HSBC is this loan invalid? PLEASE HELP

Can someone please help me, i was told back in 2005 that regardless of the faact that i only wanted to extend my overdraft by £50 my only option was to consolidate so i agreed a loan as i was backed into a corner with HSBC 22/09/05 and signed a very small document in the branch with no t & c's, the funds were released to me on 26/09/09 i then recieved a letter in the post with new t&c's and a new cca and was told that if i didn't sign the funds would be withdrawn (so of course i signed) fast forward 4 years later, i hear about unenforceable loan agreements so ask the bank for original signed agreement, the only record they have is a cca signed by me one month after the funds were released into my account, what options do i have could this potentially make the loan invalid and what should i do next as HSBC went into lock down when i pointed this out and passed it over to their legal department to "investigate" i have never missed a payment or tried to stop payments? I would really appreciate some advice, have been told i may get all money back and loan written off could this be true?

Originally Posted by sarahc2156

Can someone please help me, i was told back in 2005 that regardless of the faact that i only wanted to extend my overdraft by £50 my only option was to consolidate so i agreed a loan as i was backed into a corner with HSBC 22/09/05 and signed a very small document in the branch with no t & c's, the funds were released to me on 26/09/09 i then recieved a letter in the post with new t&c's and a new cca and was told that if i didn't sign the funds would be withdrawn (so of course i signed) fast forward 4 years later, i hear about unenforceable loan agreements so ask the bank for original signed agreement, the only record they have is a cca signed by me one month after the funds were released into my account, what options do i have could this potentially make the loan invalid and what should i do next as HSBC went into lock down when i pointed this out and passed it over to their legal department to "investigate" i have never missed a payment or tried to stop payments? I would really appreciate some advice, have been told i may get all money back and loan written off could this be true?

Hi Sarah,

I am going to play the role of the other sides defence at first. Sorry to have to do this but it is reality.

On this point.

i was told back in 2005 that regardless of the faact that i only wanted to extend my overdraft by £50 my only option was to consolidate so i agreed a loan as i was backed into a corner with HSBC 22/09/05 and signed a very small document in the branch with no t & c's,

Can you prove this in any way shape or form??

If HSBC does not have the original document you signed and you don't have a copy then there is no proof it ever existed in front of a Judge. I know that may sound harsh but looking at it objectively that would be the case sorry.

The best way forward I can see for you is getting a copy of the CCA that HSBC do have on record. Then take that and sit down with someone at the Citizens Advice Bureau.

Sorry it's not much help for you.

thank you for your reply, i cannot prove this as neither the bank or myself have a copy, however they released the funds to me on 26/09/05 which if they or myself cannot find the agreement, and the only ones they can find is one which was signed 1 month after the funds were released then it means they released a substantial amount into my account without me signing anything to agree to them doing so? surely this (under the terms of the consumer act at this time) was not correct practice?