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Dougy79

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About Dougy79

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  1. Hi just wanted to make sure which post you are referring to and the proposed action because i am now top of the thread, Do you mean to submit cca request?
  2. Hi, Seems like a lifetime ago now, but for many years I was a compulsive gambler. I funded this mainly through pay day loans and credit cards. RE:Payday loans I got into the trap of borrowing from one lender to pay the other, at the time I was either unemployed or low paid. In each case of borrowing, it was unlikely i was ever going to be able to pay the debt back - a simple credit check would have shown this and i had many defaults against me. After hitting rock bottom - fast forward 5 years i have turned my life around, paid back most of my debts and saved some money and have a decent paying job. The couple of PDL lenders who didn't push me hard for the money at the time i decided to not pay back - I had particular anger against their lending practices. However, one now is pushing hard for payment. Originally taken out with Payday UK, I believe they have sold the debt on to somebody called Prac who have hired BW Legal to reclaim the debt. I ignored their usual threats - but I went on holiday recently and on my return i got a letter from them saying if i don't respond by 1st of July they will take me to the county court. The heading of the letter was letter of claim. Now the deadline has gone. I am aware of the PDL guide here but i have a few questions as to what my options are. 1). Is it too late to take the action stated in the guide since the deadline for response has passed? 2) Is the letter of claim the real last action and last chance i have to respond before attending a court? or is this another threat? 3) Can i still make a claim for irresponsible lending given the fact that these debts were taken out before the changes were made by the FCA? and given the fact that i am in a position now to pay it back? Any help appreciated?
  3. Bump, sent a stalling letter for the time being... Would appreciate getting to know what can be claimed back or written off, due to irresponsible lending and excessively high interest rates from PDL lenders? Thank you so much...
  4. Hi, so I have a letter of claim from BW Legal saying I have to pay back the payday loan I had with Payday Uk and If I don't agree sols and court fees. I would very much like to settle this debt. However, I do not think I should pay back the whole amount. The reason why is because, when they loaned me that money in 2013, I was in and out of jobs, I was a compulsive gambler, I was in debt up to my eyeballs with bad credit everywhere. I was borrowing also from one pay day lender to the other. Now these actions are my responsibility and have come with a price. However, irresponsible lending which I think they are guilty of is fully their responsiblility. Now I am talking in terms of what I believe and what I feel about it, that is because I do not know all the legal statuses/speak/legislations regarding the above. So if anyone could shed some light about whether I can do anything about this in a legal fashion or not? Thank you
  5. Dougy79

    HSBC problem

    Recieved this yesterday from Moorcroft DCA. Do you think the above letter can still be sent or do you think it needs to be amended.? We have been instructed by HSBC Bank PLC To collect overdue debt of £1403.86 It is a legal requirement to send a notice of intended litigation (highlighted and underlined) before legal proceedings in the county court are issued. This letter fulfills this requirement even if it is not actually read by you To prevent legal action from being taken, it is essential that you settle this debt without delay. Payament should be submitted within 7 days or contact made with this office immediately by tel or letter with your payment offer. Failure to contact us by 10..00am 17/3/09 (highlighted and underlined) may result in legal proceedings being issued against you without further notice We would draw your attention that if judgement and an order for repayment in full is obtainedand remaines unpaid, the following enforcement options are availiable and maybe pursued 1. Warrant of execution by baliffs against goods owned 2. Application for attachment of earnings with your present or future employer 3. Application for charging order on any property you may own or are purchasing under mortgage yours sincerely
  6. Dougy79

    HSBC problem

    Thanks Johnny, that makes perfect sense.
  7. Dougy79

    HSBC problem

    Thanks Johnny. I will consider a letter in the next day or so. Would you mind just having a read of it before I send it off if I post it here? Would be really appreciated. What is the signifance of "running into a counter claim" Sorry if that's a silly question. It is my understanding that nothing will happen with regards to me getting any money back until the court case has been settled, although I understand that my claim will be delt with more quickly after that date, the quicker I get it to the court.
  8. Dougy79

    HSBC problem

    Thanks Johnny. I have a couple of other stupid questions also. What do the * denote in the letter? And I made a few of these points beforehand to HSBC and as you can see they deny it. They are basically saying that you cannot freeze the entire account because of a legal dispute of the nature of unlawful bank charges. When I read the waiver, it does say in there somewhere that they can still demand payment of monies, I will have to check what it does say. Personally speaking, I can't understand how they can even think about demanding a sum which is in dispute, maybe they have a case for the outstanding balance aside from this, I'm not sure??
  9. Dougy79

    HSBC problem

    Wow thanks Johnny that letter looks great. Hopefully they won't call me up otherwise that could be a mouthful Would you respond to HSBC too? Or provide them with the same letter?
  10. Dougy79

    HSBC problem

    Thanks Johnny. I actually was told that by an independent person, but I will check that out with them. How would any of you respond to the letter and when the debt collection agency contacts me? Do I have to agree to what they want? Or have I still got grounds to fight this? I'm suppossing If I tell them to send the debt back to HSBC they probably won't..
  11. Dougy79

    HSBC problem

    Thanks for the response. I haven't got a stayed claim, but I did the action up to that point. I threatened to put the claim to the courts, but they said that they would handle it once the court settlement had finished. I'm not sure this makes a difference (???), because this was their recommended choice of action and to be accomodating I have adhered to this mediation process. I'm still not sure how to respond to this because they seem to deny any of my claims.
  12. Dougy79

    HSBC problem

    Just to update you, I sent the below letter, and the the below response. I'm now really scared about the debt collection agency-how to deal with them and also wondering whether or not what HSBC have done is true and by the book. any advice really appreciated. Getting worried now that i'll get some big guy knocking at the door. " Account Number xxxxxxxxxx in Dispute Thank you for you letter of the xx/xx/xxxx I will take the opportunity to clarify statements made in said letter. “Whilst I appreciate that you currently have a dispute on your account with regards to your accounts, please note that we still expect you to run your accounts within the agreed terms and conditions. If this does not happen then HSBC are entitled to pass your accounts onto a debt recovery agency.” This is a clear indication that you acknowledge that the account is in dispute. ”As you have stated that you believe that are charges are unfair, we have deemed this to be a legal challenge, and as such have contacted the relevant department to deal with this.” That is correct “As you are aware there is currently an on-going court case with regards to the legality of bank charges. HSBC are therefore placing all cases on hold whereby a customer is stating that they do not feel that our charges are fair” This would be for the courts to decide, hence the court case “When the court case has concluded HSBC will act accordingly. However, HSBC still require you to pay back any outstanding balance on the account. It is therefore not acceptable for customer’s to not pay a debit balance on the account and HSBC will follow our collection procedures if this happens.” As the account is in dispute, which again you have acknowledged, there are things that you are not allowed to do, all as stipulated in my previous letter ”Given the amount of your outstanding balance on the account, we are unable to accept XX/month as repayment. As your account has been placed on final demand we will require you to contact us immediately to make a repayment offer.” I must point out that the figure mentioned above was not what was actually offered. What was offered was £xx.xx Per Week not per Month ”Section 13.6 states that we will not pass any information to the credit reference agencies if your account is in dispute. However, as there is currently a hold on bank charges following the outcome of the court case, customers are unable to place a dispute on the account for this reason. Therefore, any information that we may place at credit reference agency will not contradict the banking code” The question of the hold or more accurately the Stayed Court cases and the circumstance surrounding the FSA waiver has absolutely NO effect on whether any dispute can be overwritten.Or are you saying that no Dispute can exist, due to the hold on the Courts Cases, which is what you are suggesting? This also means we are fully entitled to add charges and interest onto your account, and we may continue to do so whilst your account is in breech of the agreed terms. This aligns again with the Section 13.6 of the Banking Code and again I ask are you denying that condition exists? I hope to receive your full co-operation in this matter look forward to receiving you written reply within 14 days of this letter, in order that we can both move forward. Yours faithfully "Firstly, I would like to clarify that we are not in an active dispute, the FSA have agreed to put on hold charge complaints until the outcome of the court case has been decided and has not ruled that banks must suspend their normal collection proceedures. We cannot be in an active dispute while an external decision is made by an independent third party. We are in adherence with the banking code and if you have any written proof to the contrary please provide us with a copy instead of your own conclusions regaring this matter. Your payment offer of £X per month or per week would not be acceptable due to the level of debt, we have asked you on numerous occasions to contact our financial guidance team to discuss what is acceptableto the bank and you have not made contact even after final demand was issued, we advised within that notice that if no acceptable agreement was reached within 28 days your account would be passed onto a debt collection agency. As no agreement has been reachedthis has now been done and your credit file noted accordingly, if the court does not rule in the banks favour then any error in writing off the amount would be rectified. I would like to point out that according to the charges summary sent out for the last 6 years, £520 would be the amount you could possibly reclaim (I would have to check this it may be more now). The amount of debt written off was £1403.86 and therefore was not all bank charges Metropolitan debt collection agency will be in contact with you shortly to discuss a repayment plan regarding the debt. If you have any quieries......etc Regards"
  13. Dougy79

    HSBC problem

    Ok so no big blokes with baseball bats are likely to be coming round then? I have tried reading through the banking code document,. but I'm still a bit lost. But I did find some good ones on the other link, most notably not ceasing collection activity whilst investigating a reasonably queried or disputed debt." And possibly 2.4B" falsely implying or stating that action can or will be taken when it legally cannot"-which they threatened possible legal proceedings in one of the letters Not sure if this is useful?
  14. Dougy79

    HSBC problem

    Oh dear, not sure wht I'm doing wrong here, but I'm having trouble finding the relevant information. If you get any spare time a pointer or two would be great. Thanks.
  15. Dougy79

    HSBC problem

    Thanks again. Any other advice is appreciated too. I just hope that I don't get letters from any debt collection agency.
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