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    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
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HSBC is going to remove my overdraft facility help.


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I have today received a letter informing me that my overdraft facility of £600 will be removed on the 23rd of January.

 

They said that the overdraft facility would be removed.

 

They also ask for a list of income and outgoing list to be completed which the have called the Affordability form.

 

Is this punishment for sending them to court twice?

Can they do this?

How do I stop them?

Can I stop them?

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They do have the right to withdraw this facility, although you may of course be correct in the assumption that it is a retaliatory action for having reclaimed charges.

 

Proving it would be another thing. It would essentially be a case of complaining to the FOS and letting them decide, but if you feel as though they are doing this for no other reason, it might just be better to move to another bank who will offer the same or similar OD facility.

 

Are there other circumstances that could have affected this decision - change of financial status etc?

 

If your finances are in order, my best advice would be to move banks now. You might wish to keep this account open (unused) whilst you submit a complaint...

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 8 months later...

I think your best bet would be to open a parachute account somewhere else. That way you can start from scratch and manage your finances a bit better. Once you have set up a new account,you can then go back to HSBC and start up a repayment plan as well as carrying on with your claim.

 

If you need to check the charges, you can do this online at the HSBC website. You do need to be registered for this. You can check up to 6 years worth of statements.

 

I do not know any free "help" comapnies, but I am sure you can get all the advise you need right here. It also might be best to start up your own thread, that way we can advise you of the whole reclaiming process and it won't get confused with the advice given to JOSHIOU.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

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sometimes it can take a while to get a response from the FOS. should you need any further help, just ask away. We are right here ready to help :)

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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Take more water with it jo..............:D

 

 

PS : Have you told katylegs her answers are on here jo ? :confused:

:)

Edited by johnnymitch

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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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