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Everything posted by Wooks001

  1. Does sound like it's statute barred so the letter should end the issue. Each time you move I presume you tell your bank etc, who will update your credit file. Almost certainly how they are following you.
  2. If they claim a payment was made ask for proof and if they can't provide it they will have to accept it's statue barred. It's not uncommon for DCA's to claim this. I'd want details of the account and the amount, failing that I wouldn't bother to respond if you are sure. They won't take it further not for an old debt they paid pence for.
  3. It's an open thread, just had a specific legal question, the answer to which I thought would be of interest to others. http://www.consumeractiongroup.co.uk/forum/showthread.php?353797-About-to-miss-my-first-CC-payment-and-what-happens-next
  4. Same place/person, I've ended up with a different PO Box No/person, presumably responding on his behalf.
  5. Thanks for the replies, I liked the bit about only the judge being able to request personal info so used that in my letter. Much more polite than what first came to mind!!.
  6. Just followed the complaints links on their website and it says:- If you don't currently use our Internet Banking service or don't bank with HSBC then you can email us at [email protected] so sent a copy to them too. Seems logical as they are dealing with a complaint from the FOS. Edit: Address for complaints is the same as the bunch I am corresponding with now.
  7. Sorry I've already sent the letter via the internal message system. Had to shorten it a bit as it has a limit as to the number of characters you can type!!. Printed a copy and also saved as a pdf. Probably be a couple of days before their overseas muppets read it, will be interesting to see if it ever reaches my intended recipient. I will read the articles mentioned as I am well angry with HSBC for the way they are treating me, but at the end of the day don't really expect to get very far. They have about 3 weeks left before the 8 week limit set by the FOS to resolve the issue, after th
  8. Thanks for the replies. Had letters from load of different departments but all in the UK which is better than overseas, usual woffle avoiding questions..... I ended up with the CC when I applied for a small increase in my OD. Some bloke rang me out of the blue and said something along the lines of have you considered a CC, lower interest rates, no fees etc. I eventually agreed but asked for a small credit limit - got a huge one. Wasn't asked for proof of income, he said I can see you have £XXX funds coming in to your account is that correct, I said not a clue or words to that efffe
  9. Very sorry for your loss, it's a difficult time and I would simply put the family first and worry about debts later. Creditors will contact you in their own time and you can respond to each in turn. I had to go through probate before I became executor and didn't have a clue what to do. I did get a few originals of the death certificate but they could be expensive now I don't know, in each case they were returned by creditors very quickly and could be used for the next. My advice would be to contact CAB and see if they will act for you, that has to be the easiest option as you ca
  10. Hi Folks, My draft response to HSBC for comment, any advice welcome and sorry it's a bit long. To: Ciaran Kilgannon, Senior Complaints Specialist, Customer Care Team Your Ref: XXXXXXXXXXXX Thank you for your letter dated 26th July 2012. I do not have a copy of the FOS letter to yourselves so do not know if they mentioned all the issues I raised with them. An issue which has not been addressed at all is statements. When I was contacted to advise me that my card had been used fraudulently, I was advised that a new card would be issued. I was not advised that m
  11. Hi Folks, Being "required" to complete a PFA form which gives examples of the "proof" required for entitlement to benefits etc. I have already provided basic income and expenditure information and even if I wanted to I'm not sure I could find letters proving things. What is the legal situation on this please, I'm sure it's been covered and I'm still searching... Just need a one line response ideally, you have no right to demand this information because.... Cheers Wooks
  12. Well, finally recieved a response from HSBC regarding my complaint to the FOS. I don't have a copy of what the FOS sent to them but:- Their letter doesn't really say much, they see little benefit in reiterating their earlier response about communication by email, require a PFA form to be completed which in turn requires proof of benefits etc. Pretty sure I can tell them to get stuffed on the proof but I don't know the legal grounds. I provided them with this information ages ago by email, and they have 25 years of bank statements.... Still it's the first acknowledgement of my fina
  13. Hi, Firstly good luck with your problem, you'll get great advice from the guys on here. I registered for noddle the other day and apart from being a month behind it provides the same info as the others. I wonder if the info you didn't get correct might have been addresses, if so these and the dates (as they see them) should be on your experian report if you still have it. Also if the credit agencies don't have your current address this would explain both the failure to register and the fact that you've had nothing from capquest. May have gone to your old address. I don't know if reque
  14. Already done that mate by their internal messaging system as well, got the letter this morning as described above. Just rung the OFT and was asked to provide full details by email, which I have just done. If they confirm my understanding and HSBC don't comply then I'll complain to the relevant authorities. Also rang the Financial Ombudsman who are making a complaint on my behalf. They did however advise that banks are subject to the FSA and not bound by the OFT doc, only DCA's. Have to see what happens, maybe I just wait until a DCA get's involved. Question though, if/when th
  15. Am I misunderstanding the following:- OFT guidance for all businesses engaged in the recovery of consumer credit debts July 2003 (updated November 2011) k. ignoring or disregarding debtors' reasonable requests in respect of when, where and how to contact them For example, shift workers may ask not to be telephoned during certain times of the day. Also, some debtors may request contact by email rather than by telephone. HSBC obviously have the facility to respond by email, since they already have. They are choosing not to do so, atleast in a meaningful manner..
  16. Hi Folks, Had a response to my request to communicate via email, it's 3 pages long but here's the important bits. I understand you are unhappy about not responding to the emails you have sent from your ******* account. Please accept my apologies for any inconvenience this may have caused. Please be advised that we respond to customer queries via three channels and these are telephone, Post and Personal Internet Banking. Basically the rest of the letter is them saying that they are not going to respond via email, and I should contact them by telephone/post. My understandin
  17. Sort of an update for you folks. No response to my request for copy statements - still with a specialist department. No acknowledgement of the fact that I have advised them of my financial difficulties. Letter demanding immediate payment of arrears. Contact HSBC immediately by telephone if unable to pay. Letter stating that my request to communicate via email has been passed to the relevant department, and that they have 8 weeks to respond. Is this normal for HSBC, not to provide contact details, advise which department my queries/complaints have been referred to. Find it diffi
  18. Not a lot of point at this stage mate, since they are neither replying to internal messages or email. Until I get copies of the statements I can't even assess the situation. The balance is more than I would expect, so until this is resolved there's no chance of them getting a penny. At the end of the day it's upto them to contact me, after 3 defaults my understanding is that no further charges or interest can be applied to the account. So far that's been £12 which they can whistle for.
  19. Thanks for the advice, it's hard to tell what is happening at the moment if anything. Requests through their approved messages for statement have produced nothing after 7 weeks, and I don't know if they will agree to my request to be contacted by email since there has been no response. It's a shame that HSBC customer service has gone down the toilet since they moved to overseas call centres, I've had the account for 25 years but couldn't recommend them now.
  20. Bit confused about how the unenforceable comments relate to my situation, so far all I have had from the bank are statements such as you will recieve our full response once we have considered the issues you have raised. Don't actually mention what issues, and there have been several. Assuming they do eventually get their act together and make a proper response, could a SAR request include a CCA request as well. Only a quid but it's my quid.
  21. Other wiser people than me can advise you better, but I don't think I'd do anything immediately. Check the default date, after 6 years it's statute barred and that reduces their options, not long to go. Maybe a SAR could give you a bit of time to seek advice, and will give you a better idea of the situation/evidence they have. You really do need to post up documents though so the experts can advise you.
  22. Thanks for confirming what I thought. Have sent a "message" on the internal email system so they can't deny receipt, and sent the same by email. So far they are just repeating what they have said before, but have also added a late payment fee to the account. Not worried by this as £12 is nothing in relation to the overall debt, but proves that they have ignored my request to freeze interest and charges. I'll update once I've received a response, as far as I am concerned I have advised them of my situation and it's upto them now to reply. From what I've read in other posts, 3 misse
  23. This is what I found via a link on the forum. I don't have the link to hand but.. Document is titled:- 'Debt collection' OFT guidance for all businesses engaged in the recovery of consumer credit debts July 2003 (updated November 2011) k. ignoring or disregarding debtors' reasonable requests in respect of when, where and how to contact them For example, shift workers may ask not to be telephoned during certain times of the day. Also, some debtors may request contact by email rather than by telephone.
  24. The phone calls are obviously causing you a lot of stress, so why not get a new number. It's inconvenient having to let friends etc know the new number, but atleast the calls will stop. They will then have no option but to contact you in writing.
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