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don leocornay

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  1. I started my role last June under very dodgy circumstances. I interviewed well in both rounds but was surprised to hear I'd not been accepted because I wasn't a qualified accountant (the job spec says either full or part qualified). the boss calls me saying that he'd like to offer me a job at a lower level where I'd receive support and be promoted within 6 - 9 months. I accept but find that within 2 months of me starting my line manager is seconded to another project leaving me completely on my own. the other member of my team is a complete ***** and spent the next few months dumping work on me at any given opportunity and tryin to make me feel small. but through this i'm coping and getting really good results. with 2 weeks for my 6 month probation left i get a new line manager who seems nice at first, but a mixup around christmas results in a missed deadline and she decides she wants to extend my probation claiming that she can "put me right". Not only that, she gives me a poor performance rating which has effectively halved my bonus. i know i have no rights until i've been there a year so i take it on the chin (while keeping in touch with my union rep). she has now announced that she's pregnant and will be going in November but now that a year is coming up she now wants to extend my probation for another 2 months because she hasn't been able to monitor my progress. This is despite me sending her an email report every week. She doesn't like them because she thinks they're "defensive". I don't know what to do anymore!
  2. crikey, i turn my back for a minute and there's all this activity! Mike. I agree with Docman and nieve. Forget FOS and go to court. HSBC HAVE to provide the original signed agreement. If you look earlier on my thread you'll see the steer I got from a barrister. Basically, unlikely to get your money back but can definitely get it declared unenforceable. update from me? nothing from DG since the last letter sent. Meeting with my neighbour this week to push them for the full works.
  3. DG wrote back. "We're waiting for the Ombudsman's decision" Although the Ombudsman's decision doesn't matter. To take me to court, they'll still need the original
  4. Quick update: Neighbour's done a letter for me: "We are satisfied that the loan agreement is unenforceable, any proceedings will be vigourously defended and in the circumstances you may wish to take your client's instructions on discussing matters further on a without prejudice basis or otherwise." Waiting on a reply.
  5. Doc, That's an inspired idea! It's DG that believe they're chasing an overdraft. But either way they'll nedd documentary proof that that's the case (they don't!). HSBC are saying that I signed it, even though they can pull out every document letter, email, memo, phone call they have on me EXCEPT for the managed loan. My argument is that since they've pulled out so much info (stored on microfiche) then this is their established practise and therefore if I did sign the loan that they must have it stored on microfiche. If they don't then they must never have received one in the first place. Letter to the big boss regarding TCF? Awesome, will look into that!
  6. just got a call back from my solicitor (the one i have to pay not my neighbour). The FOS are still not going to uphold my complaint. Which is fine. I simply won't accept their judgement and go via another route.
  7. draft of final letter to HSBC. Should I put as is or convert to and LBA? Thanks guys! HSBC Bank Plc DATE To Whom It May Concern: Ref: Don Leocornay. Managed Loan XXXXXXXX This is a final attempt to get HSBC to act in an appropriate manner, whilst avoiding the delay and cost a court case. I wish to sever all ties with the bank and believe this to be the quickest and most amicable way to do so. I re-iterate, I have never signed any documentation for Managed Loan account xxxxxxxx and following my initial request in March 2007 you have not been able to provide a copy that bears my signature. In fact you have called into question yourselves whether such a document exists. Therefore subject to s61, s65 and s127 of the Consumer Credit Act, HSBC: 1/ did not properly executed this ‘agreement’ 2/ can only go to court to enforce the ‘agreement’ but 3/ No judge will give an enforcement order under this ‘agreement’. Anything other than the original signed document that you would provide to support any case you bring against me would be irrelevant because you do not have the original agreement to rely upon in Court. If this goes to court, you will not win. This ‘Managed Loan’ is UNENFORCEABLE. In order to put an end to this situation, you must now do the following: 1/ Confirm that no original agreement exists for Managed Loan XXXXXXXX 2/ Stop all action against me to enforce this alleged debt. 3/ Remove all defaults and other information regarding Managed Loan account xxxxxxxx, Current Account XXXXXXXX and Savings Account XXXXXXXX from ALL credit referencing agencies, in particular: Equifax Experian Call Credit Please provide written confirmation of these actions within 14 days. Yours faithfully, Don
  8. So action point should be an application to the county court to declare the managed loan unenforceable under s142(1) and therefore the 'debt' should be set aside? The basis being that no agreement was ever signed meaning the 'agreement' - is improperly executed subject to s61, - can only be enforced by order of the court subject to s65 - and that the judge cannot make an enforcement order under s127 would this mean an N1 court claim? Does this sound right?
  9. subscribing. If anyone could cast an eye over my situation. I'd be grateful. http://www.consumeractiongroup.co.uk/forum/hsbc-bank/118035-don-leocornay-hsbc-10.html
  10. going a bit left field here. I've been looking at some other threads, which mention the use of s142(1) of CCA. Does anyone know anything about this part of the act?
  11. So what's the implication if I offer to pay off the overdraft only? How would a judge view this? I think the next port of call is LBA. And basically say if you don't go to court, I will. but I'll be honest this bit re: the overdraft is worrying me a bit.
  12. I'm not sure I understand. The debt they're chasing is: Managed Loan: £8,922.47 Current Account: £216.10 Savings Account: £2.51 Total: £9,141.08 Based on HSBC's final demand. DG are chasing £9,254.84 (i guess they've added their own charges). What's the position here? Do they need an agreement or not?
  13. DG are still chasing me. and they claim that they don't need an agreement becuase they're chasing a bank account. About £200 of what they're chasing IS for the current account but it's all bank charges for failed S/O's when I transferred my salary to another account. The rest is £2.51 from a savings account. Letter has been sent telling them to get their facts straight.
  14. i'm sure it will. The barrister's a friend of my lawyer neighbour. She'll get paid. Neighbour will get a bottle of wine (and maybe some help with his accounts if he asks me nicely)
  15. well for you guys it is. I haven't got the bill yet ;-)
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