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I had an account with HSBC which i closed two years ago my debt was spiralling and the charges were not helping. I defaulted on my Loan and overdraft with them and it has since been passed to a debt collection agency and a am paying it of via a dmp with CCCS. My question is can i still go back and claim all charges will the fact that i still owe them money affect it?? I am willing to have it offset against my Loan should i tell them this?? Any help V Much appreciated
you are entitled to claim back the charges as they were unlawful - it should help you to clear some of the debt if nothing else. I don't know what rights they have to set-off. Maybe you will find some help in the defaults forum http://www.consumeractiongroup.co.uk...efault-issues/
They will probably offset it by default. You won't need to request it. You can however request that it isn't used to offset the debt if that is your wish.
Smile:-The Ethical Bank:- Settled July 2006
HSBC:- Pre-lim sent 09/10/2006
LBA sent:-26/10/2006
Court papers issued:- 13/11/2006
Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.
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I may be wrong, and if i am i'm sure someone wil tell me, but you say your debt has been passed to a debt collection agency, i may be wrong but chances are it was sold to the debt collection agency, therefore i believe im right in saying you have no debt with HSBC, but the collection agency itself. Therefore i i doubt HSBC would offset your claim against your debt, because as far as they are concerned, there is no debt, as the collection agency has brought it from them.
Depending on the settlement you get from HSBC, you could use this money to come to an arrangement with the collection agency. ie say your debt is 5000, and you get 4000 from HSBC. Offer the debt agency the 4000 to cancel the debt. chances are they paid HSBC less than 4 grand for your debt, therefore taking you 4 grand would still mean they make a tidy profit.
Hi qucik question i've received my statements and i have a few charges of £20 for a temporary overdraft fee i'm assuming i can not claim these back as the bank were providing a service that i agreed to???
What Jim (givememycash) said earlier is absolutely correct, HSBC will have 'sold' you debt to the debt collection agency (for less than it's actual worth) so you have no liability (debt) with HSBC it is with the agency now. This means two things:-
1, you certainly can claim any charges imposed by the bank going back 6 years, and claim through the courts if they don't pay !!
2, They cannot automatically pay any refund to the collection company, you can request that they do (normal dispersal of monies rules apply) or - you can ask that they pay it directly to you and then you decide to off set some or all of the monies owed to the collection agency - thus reducing your outstanding debt (the sensible thing to do !! )
Hope this helps, and good luck,
Steve
Dec 2006 - Sucessfully recovered over £3k from HSBC with much help from CAG
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Query can anyone help
which i closed two years ago my debt was spiralling and the charges were not helping. I defaulted on my Loan and overdraft with them and it has since been passed to a debt collection
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(I will try to help all the same)
