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Everything posted by Wooks001

  1. Hi Folks, thanks for the replies. I know you aren't being nosey, if you don't have the details how can you advise anyone. I'll answer any questions as fully as possible asap. The letter requesting writing the debt off is worth sending but I don't hold out much hope to be honest. I had already been to HSBC's Head of Complaints - "no bank error in this matter" was the response. I then took my case to the Ombudsman (who didn't agree) and amongst other things this means that HSBC are now willing to come to an arrangement, whereas before they had said no chance. I can't say an
  2. With the interest and charges around £5K, apart from some energy arrears I am slowly paying off, it is my only debt. I live in rented property and have no assets of any value that could be seized or sold.
  3. Yes it's a credit card so the answer is no to everything. Thanks for the reply, just seems unfair, and at the same time makes token or reduced payments almost pointless in my situation. Looks like I will have 6 months without loads of letters which is a result, but then it's likely to start again.
  4. Full details are covered in another thread which many of you have contributed to:- http://www.consumeractiongroup.co.uk/forum/showthread.php?353797-About-to-miss-my-first-CC-payment-and-what-happens-next My latest post might be worth reading as it states the current situation. Short summary is that due to increases in gas & electricity costs etc I found myself unable to meet CC repayments. Contacted HSBC straight away but got nowhere, they continued to add interest and late payment fees for 6 months and then defaulted the account. I complained to the FOS who have interv
  5. Could someone please explain the pro's and con's of making these payments. Does it improve my credit record etc. The account was defaulted about 6 months ago, and I have very little chance of making meaningful payments due to long term ill health. Making these payments on time mean no hassle for a few months, but am I just delaying the inevitable - account being sold on and on....... If the account is sold on, is there a way in which the token payments could be a condition of the sale. Don't know how to explain it better but I'm sure you will understand what I mean.
  6. Ok, taken a while but have got a bit further. Basically all Metropolitan have done is pass the account to several DC's, at no time have they offered to set up a plan etc. DC's demanding full repayment within 7 days or ring us on *******. Ended up with several chasing me at the same time, leaving messages etc which wasn't fun. The FOS have agreed that:- (a) I have the right to communicate in writing only if I choose to do so. (b) HSBC's policy of requiring customers to speak with their debt team, before they can agree a repayment plan is against the rules. Customers have the ri
  7. If you have an ongoing case just call the regular number or your local HMRC office. Should they be trying to contact you then it will be on their system, and why.
  8. Beginning to suspect I am wasting my time but I haven't given up yet. Still trying to convince the FOS that HSBC are in the wrong to the extent that the FOS must act. So far the FOS have accepted that HSBC stating that they can only agree a re-payment plan over the telephone isn't quite what is set out in the relevant guidance but that's about it. Everything I've found so far from the OFT etc says something along the lines that the lender should consider reducing interest etc, not that they must. FOS view at the moment is that HSBC acted sympathetically because they stopped addi
  9. Most of the time Lowlife don't have any proof etc they just rely on you giving in. Well done for sticking to your rights, but what about the Ombudsman and claiming some compo.
  10. It's also worth contacting the Police who consider more than 5 calls harassment after they have been told to stop. Keep an accurate log of times etc, and when they have called 4 more times report them. I'd definitely change your number too. Below is a copy of an email I sent a while ago and the response, it might help you:- Dear Mr XXXXX, I obtained your details from the CSA website. For some time now I have been receiving silent calls from your company, every day this week in fact and I consider this to be harassment under the following acts:- Section 40 – Ad
  11. Hi Folks, Finally heard from the Ombudsman and it looks like I need some more ammunition if any is available. Basically it appears they look at the Lending Code not OFT Guidelines, when it comes to making decisions. It is ok therefore for HSBC to add charges and interest right up until they issue the default notice. HSBC are in error by refusing to negotiate reduced payments in writing rather than insisting it must be done over the telephone, but its Ok for them to refuse to negotiate by email because they claim their system isn't secure. As things stand it looks like I will be awar
  12. Complain to FOS, they can award damages and you can claim for your time as well @ £18ph I think. My case has been ongoing for a couple of months now, just awaiting an adjudicator to be available.
  13. Nothing, and change your phone number. In just over a year the default will dissapear from your credit file and the debt will be statute barred. Could take them that long to find you again.
  14. All of you need to complain asap. There's a chance that once the letters from FOS start to arrive CCM will stop this practice.
  15. FSA won't do anything as they don't deal with individual complaints, just spoke to them regarding another matter. If the FOS investigate and find in your favour they will liase with the FSA who will then take action.
  16. I made a mistake earlier when I said I was dealing with the OFT but can't edit it for some reason. It's actually the FOS. I'd call them to open a complaint, they will then take details and contact the DCA. A copy of the complaint will arrive in the post and you can sign the form and email it back. OFT can also be emailed but will only log the complaint, not act on your behalf.
  17. Totally agree that fines/penalty's etc should be much larger, FOS charge £500 to investigate a complaint and can award compensation upto £100K I think. Most awards are for much less of course, so are about as painful as fining a footballer a weeks wages. Still if lots of people complain the cost will mount up, and will certainly cause the DCA'a inconvenience. No idea how much time it takes to put together the info for the FOS or a SAR request for example, but it has to be considerable.
  18. OFT will only add your complaint to their files on the DCA for potential future action. If you want something doing now you need to contact the FOS.
  19. Both me thinks. I'm dealing with the OFT at the moment but it's a long process. 8 weeks for them to reply to you with a final response and then upto 12 weeks if you need to take the case to an adjudicator. Don't know about trading standards but both have the power to cause the DCA serious trouble, and the OFT can award compensation as well.
  20. This is relevant and may be worth quoting. OFT's view on communicating with DCA's. Browsing around the FOS website came across this document. http://www.financial-ombudsman.org.u...-debits-39.htm The banking code identifies a lender’s duties, when dealing with customers in financial difficulties. The over-riding principle (set out in section 13.10 of the code) is that the lender will consider cases sympathetically and positively. Where it appears that there is a problem (for instance, when payments are missed on a loan or credit card), the lender’s first step will be to con
  21. Send them an account in dispute letter, i.e. you dispute the amount owed. Inform them that you are contacting the Halifax for details and will contact them once the info has been recieved. Some of the charges may be valid, but there's a chance of getting some of them back if you had told halifax you couldn't pay and asked them to freeze the account etc and they didn't. Might help if you post the "long story".
  22. GOT THEM:lol: Browsing around the FOS website came across this document. http://www.financial-ombudsman.org.uk/publications/ombudsman-news/39/financial-difficulty-debits-39.htm The relevant part is quoted below and I have told the bank about this in my emails:- The banking code identifies a lender’s duties, when dealing with customers in financial difficulties. The over-riding principle (set out in section 13.10 of the code) is that the lender will consider cases sympathetically and positively. Where it appears that there is a problem (for instance, when payments are miss
  23. Yeah CB been looking at the compensation side of things today although it's not top of my list, just part of my research into what the FOS can actually do.. FOS allow £50-100 per day or £10/hour for consumers claims, and if they find in my favour could be a tidy sum in a compensation award too. If they find that they have breached guidelines or behaved unreasonably, awards seem to start at £500-750 but there's no guarantee. A simple sorry for you inconvenience type letter from HSBC is not going to be sufficient that's for sure, I want something in writing to the effect that they will chang
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