Hello Thank you so much Car and BB, that's my Easter w.e reading sorted LOL! But seriously, this has made my day, just what I was looking for, very very much appreciated.

Hi BB, I guess either send another S.10 with the judgement as ammo or issue a claim in court. I have been given some great advice pointing me to some relevant case law, but I can't find anything that directly relates to agreements being unenforceable, therefore defaults removed by court. I don't expect the money back, just want the defaults removed. I know I didn't sign an agreement on one of them because it was done in my local branch and was part of a consolidation exercise. Thanks

Hi BB, thanks for your reply. I haven't yet complained to the ICO and that will be my next move. HSBC now have 21 days to comply with this court order and the order states that if they don't come up with them then it will be assumed that they don't/didn't exist. I am hoping then that I can apply to have the defaults removed on the basis of no agreements = no enforceable debt, but I have already sent a S.10 notice some time ago and it was completely ignored.

Thanks again 42man, will get reading and work out my next step!

Thanks for the link to the case law, 42man, I will take a look. My post on this thread is in relation to this thread, if you see what I mean, the claim was stayed at one point, which I got lifted, and it has been going on a very long time. Also your link to my collective threads doesn't work. Thanks

That would be really helpful. I have been to court twice now to get HSBC to comply with a SAR request originally sent in June 2007. They claim that even if they don't have the agreements (two loans) they can prove I paid the money and continue to register the defaults. I can't find anything to prove otherwise, just had a feeling that no agreements = not able to recover money or have the right to register a default????

Today I lost faith in the whole court system. I was back in court. It transpired that the schedule to the court order of 22.10.08 listing the specific documents I was waiting for in order for compliance of the original SAR of June 2007 was not passed on by HSBC's representative on the day, hence why I was getting random letters from HSBC telling me they had reprocessed the original request. They still hadn't fully complied by today and in court the Judge gave them ANOTHER 21 days to fully comply. Outside the court HSBC's representative told me that was pointless because HSBC will not be able to comply with the order and that the bank were confident that even without loan agreements it would be able to prove that they debt was enforceable and continue to register a default. Long story short, I have two loan agreements in default totalling £19000, a current joint account defaulted for £300 all comprising of charges and my ex-partner's account defaulted for £48 all comprising of charges. After 21 days if HSBC haven't complied, I can apply for costs and damages. I can't remember the exact wording of the order, but will post more when I get a copy. I truly don't know where I go from here. I have spent the day on CAG trying to find some case law that backs up the no agreement, no enforceable debt, but I can't find any and if I continue to take this forward I am at risk of incurring massive costs to HSBC.. Any advice on my next step?

I got costs, but this only amounted to loss of wages for attending court on the day plus travel, the judge said I wasn't entitled to damages?? I had incurred about £500 of costs in postage, letter writing and also claimed loss of wages for two days when info that was supposed to arrive by courier didn't turn up until the following day. I just want my info or confirmation that it's not coming so that I can take a view on how to proceed with missing loan agreements, PPI claims etc. But it seems that this is going to continue to drag on.

AAAAAArrrrrrrgh! I finally got an order from the Judge for HSBC to comply with my SAR request, originally filed in June 2007!! They had until 19/11 to comply. Today I received a letter from DG saying that in order for them to comply they have had to re-process the SAR. Because this involves a lot of documents they want me to advise when I will be in so I can sign for the delivery. I do not want duplicates of everything they have actually managed to send me and have written asking them to confirm they will only be sending stuff that relates to the order and that HSBC have, finally complied. I know for a fact that one of the loan agreements is missing, because I have it in writing that it was 'lost in transit', although they are of the opinion that they have enough info to prove that I am responsible for the debt, blah, blah....... Ok, feel better now I've got off my chest. But honestly, what is the point of going to Court if they just completely ignore it? What is a girl to do to get her information!! Hope everyone else is having better luck than me. effect

Thanks for the editing! I have been thinking about all the comments and I am now wondering whether to get over the issue of the bank using the charges claim to pay off the overdraft whether to try to settle with the DCA and then go for reclaiming charges and BLRI's? I have written to the current DCA (about the 4th I think) with an offer of a settlement figure in the interests of a speedy conclusion and written to DG to say we will only accept the full amount in the form of a cheque and will wait to see what responses I receive. Have a good weekend all.....

That's supposed to ready '6 August 2007', can't edit out the sarcastic man in sunglasses!

Hi Martin The charges account for approximately two-thirds of the claim and were deducted between 2005 and 2007. The offer is in full and final settlement of the claim and is valid from 28 days from the date of the offer letter (6 August 2007) Nothing at all to suggest that they many withdraw if I don't settle, just the usual blurb that they are mindful of court costs etc and the offer is for commercial reasons without any admission of liability whatsoever. Larnes

Hi Guys Many thanks for all the advice and apologies for the delay in replying, internet still not behaving. I will write to the bank and accept the offer as part settlement and then decide whether to pursue the remainder through the FOS of court. I will also investigate the issue of them using the settlement to reduce an outstanding debt, although by the time I reclaim my charges and BLRI payments they will definitely owe me money. Will keep you posted Thanks Larnes

Hi Scott Sorry for the delay in replying, have had no internet for a fortnight - it's been like having my right arm cut off! Did you have any luck finding out? Cheers Larnes

Have received an offer of approx. 25% of my total claim but it is dependent on the amount being paid off the overdraft which is now with a DCA. Can they do this? Or can I stipulate that I want a cheque when the final figure is agreed? Just want to know before I write back. Many thanks Larnes