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jimjamer

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Everything posted by jimjamer

  1. Hi, thanks for responding, after reading that now feeling a bit better. I will have to trawl through all the paperwork to see when we last made any payment. With regards to the defaults there are two accounts, HSBC put the default on one and I'm almost certain Marlin have put a default on the other account most recently and it would seem you are saying they have no right to? In the case of these accounts being statute barred, if we prove this I guess we just write to this effect and hope for the best?
  2. Hi, thanks for responding. I have a file of correspondence with HSBC, I don't think we ever admitted owing the money as our argument was the amounts equated to 6 years of charges which my husband had tried to sort out on several occasions but HSBC were never interested. I have all bank statements but could not say when we last paid anything. I know we were paying a token gesture of £5 every month on each account and then all of a sudden the payments started getting returned. We've had several debt collectors write to us but the only one who says HSBC has now sold the debt to them are Marlin with a letter attached from HSBC (which always looks fake). HSBC have never written to us direct saying they have sold the debt on - I don't recall any paperwork in relation to default notices or notices of assignment. So you are saying they can still get a CCJ? Does it make a difference when the last payment was made?
  3. Received a letter today threatening a CCJ if we don't contact or pay up by 24 May. A brief overview : My husband had 2 overdrafts with HSBC built up on bank charges. We tried claiming but got pipped at the post by the High Court decision. It didn't take long before the debt collector letters started rolling in, piles of them from various companies. Unfortunately we responded at first both with HSBC & the debt collectors so no chance of statute bar. HSBC were very unhelpful and have never sent us any paperwork we requested, i.e. SAR. This has been going on for 4-5 years now - I see I first sought advice on here in 2009. My husband has a default from HSBC which they have never informed us of and he now has one from Marlin who also haven't informed us. I see from this forum they are suppose to write to you. We gave up corresponding with debt collectors over a year ago and all went quiet until recently, the phone never stops ringing, even our landline which is x-directory, have no idea how they got the number and the letters are weekly. My question is now obviously what do we do about the latest letter threatening the CCJ?
  4. Hi, this has now gone a few steps further and I need your advice yet again. After refusing their offers of instalment plan, they wrote back referring me back to a letter of theirs, which when read by a friend who works for RBS is full of contradictions, mistakes and promises that they haven't dealt with. On her advice I wrote to all that have written to me saying I was now passing my complaint to the FOS. I have now received letters and a trillion phone calls from Moorcroft Debt Recovery - they sound like a nice bunch of people lol Rang the Court today to see the status of my claim to be told that it is still stayed but we can't do anything about it because of the OFT judgement. Any advice greatfully received please on what to do next and how best to deal with Metropolitan? Thanks in advance
  5. Hi, they've now written to us with a repayment plan of instalments, which is for the full amount without any charges or interest and only £20ish per month. Do we accept this and be done with it or do we keep fighting? Would really appreciate some advice on this.......
  6. Hi guys this case is still trundling on. We are now receiving letters from Central Debt Recovery Unit, which I know from research on here they are also another part of HSBC. Their letters are terrible and apparently not compliant to FSA rules at all. Over the last few months they have sent us a few offers reducing the amount we owe. Have ignored the first few - stating we are taking advice - we have now received a further offer threatening "if we don't pay by 2.2.11 they will be sending debt collectors to our door"!!!!! Thought they were debt collectors first comes to my mind. My question is - as we have been fighting this for 4 years now do we just make a counter offer for a ridiculous amount or do we just poo poo it again???? all advice greatfully received.......
  7. I'm still trundling on with the taccy letters from debt collectors who are all associated with HSBC. Just keep writing back "as you are part of HSBC take a look at my file". Have been offered if I pay in full they will deduct £500. A friend who works for another bank has taken a look at some of the letters and said they are worthless as most of them don't have the right details on them. My 18 month year old could write better lol. Still have one account stayed in Court and have never heard a thing.
  8. I know how you feel mate, we have been fighting HSBC since 2007 and they have now threatened to take us to court. We haven't been told our own court case has been struck out though:confused: I trolled through 4 years of very disjointed paperwork last night and I'm not sure what to do now. Our claim amounts to the total in charges 2 accounts about £7,000. I actually work for a lawyer so when I see the rubbish from DG it makes me really stubborn about carrying on but I'm just not sure if I can anymore. Do we stand a better chance in court?????
  9. Ok I wrote back to HSBC with copies to the other morons (I think) loosing track now. As usual it took them forever to write back with their blurp of not being responsible etc etc and they don't have to provide us with anything. Received nothing from MCS/DG with regards to their "pay within 24hrs" until last week one from DG saying: "HSBC have now told them to take us to Court to get the money and they have given another 14 days to pay in full. or ring them to make other arrangements (payment plan)". This is on the account which is in Court already. Could someone please advise I need to get something in the post quite sharpish. Have been fighting this for 4 years now :?
  10. Ok I sent letters to HSBC, DG, & MCS basically telling them I would not be making repayment proposals until they had dealt with my complaints (all listed), explained to me why both accounts were being dealt with differently and by different departments and to treat me like an individual. I have now received letters from MCS stating I have failed to make payment as requested (this was never requested) and they want it within 24 hours or I'll get County Court blah blah, bailiffs, attachment to earnings etc. Also received a letter from DG funnily dated the same date just saying "URGENT please ring within 24 hours". Yet again these letters have taken 8 days to arrive and they want a phone call within 24 hours. Is this getting serious now or do I just write back again???? Would really appreciate a response to this one - thanks
  11. Hi, as you are aware we are in dispute over two accounts with HSBC. We have been doing fine dealing with them so far. Today we have received a letter re each account from each of the above asking us to make proposals for repayment. We are still making a payment on one of the accounts which gets returned every month. They would like a reply within 14 days, it has taken 6 days for the letters to arrive (dated the same date, arrived the same day). I will write them holding letters putting them off for the time being. Has anyone received these letters and what is the best way to deal with them?
  12. Hi thank you for the response. The CRA are aware of the dispute and did put a marker on the OHs file to say it is in dispute. As for the finance company(s) two were tried, we were advised if we had one more failed attempt it would be 3 months before we could apply again so fortunately I was able to go to the bank of Mum & Dad who took a loan for us. That's funny too, we bank at the same branch who wouldn't give me a loan but allow me to pay the loan my Mum took lol So back to responding to HSBC I have read Castlebest's post and am still a bit confused. I'm guessing I need to write back asking for the Default Notices again throwing some of the legalities in that are used in Castlebest's letter?
  13. Thanks for that, I have browsed it and it confused me a bit - think I will leave that to one side for now as I am more bothered about HSBC and what to do next. Please any advice on my next shot at them appreciated.
  14. Just an update the credit agency wrote back saying they couldn't remove the markers as the bank say they are in the right - there's a surprise! We have since written to the bank asking them to send copies of their letters and the default notices. Surprisingly they responded within 14 days. Apparently their letter which states they may send our details to CRAs is a Demand Notice (?). They also say that in the Demand Letter they say it will be passed to MCS if we do not repay (they also admit MCS being a subsidiary). I'm sure it had already been passed to MCS. They also say the CCA does not have any jurisdiction over bank accounts. What do we do next?
  15. Hi, just a little update, The credit reference agency are contacting HSBC to ask them to take the defaults off, and within the next 7 days will put a marker on our history to say the defaults are disputed. I have also just spoken to my own bank who say they should have given us 28 days notice before sending us a default notice. I am guessing we will have to put something in writing ourselves.
  16. Thanks for the response. My husband has been toing and froing with the Credit reference peops today who have been very helpful and are trying to fast track everything for us. Just been going through the papers again looking for Default Notices, and all we have on only one account is a Final Demand with a para at the end stating they may list the debt with Credit Reference Agencies. Does this count as a Default Notice?
  17. Help required again. We now have one of these accounts in court and have heard nothing on the other one since we told the solicitors to get lost. We have a car on Personal Car Plan and have just gone to swoop it for a bigger car (not a problem, value of car pays off finance). When they've applied for the new finance (with same company) on new car it has been declined (and then declined by another company). We have done a credit check ourselves to find that HSBC have put bad debt markers on our credit history and this is the reason for being declined. We have asked Experian to put a note on file as to the situation and going to speak to the finance company in the morning. Our mortgage is due for renewal soon so I guess its going to be affected. My husband is now walking round with a very long face.... What can we do?
  18. Sorry Castlebest didn't realise I had this message from you - wasn't being rude. They just asked if it was convenient to talk - my husband said "no" as he was driving and also gets very frustrated talking to them so they said they would write. We have now received a letter stating basically they are very sorry (lol) but they can do what they want. Again a very inconsistent contradictory letter. On 11.3.09 they wrote giving us 28 days to contact them, within 13 days 24.3.09 they sent a Final Demand because we hadn't contacted them (?). They then say the letter of 24.3.09 gives us 28 days to pay up - it actually gives us 7 days. To quote from their letter: "When we wrote to you regarding the legal challenge against the bank we advised you that it would have no affect or withhold any action on your account. Whilst I appreciate the court case between the OFT and the banks is still ongoing, this will not affect any action we may take." They then go on to say they hope things are now resolved but if not I can write to their Service Quality Team but if not resolved they are obliged to refer the case to the FOS. "However if we do not hear from you within the next 8 weeks we will consider matters resolved." (?) This matter is still only a letter to HSBC asking for my charges back - are we now at the stage of passing it to the Court or do I just keep laughing at their incompetence and assume in 8 weeks it will be dropped
  19. Was just wondering as we haven't had a mortgage with them for 6 years. I'll wait and see. thanks
  20. Just a quick question? Once you have refused to pay anything until OFT decision is it HSBC's tact then to get their mortgage department (?) to start calling you? My husband has had two calls from them today - he told them to write to him.
  21. Hi, I started a new thread as it is for another account (with HSBC) ad being handled entirely differently - sorry. Haven't heard anything back from MCS on the other account yet. I have just read the letter again and they want to know the ins and outs of a ducks bottom. Who the mortgage is with, how much the house is worth etc Employer details of us both and its not even my debt! Car details - make reg model Other bank account details Who our loans are with etc etc. I assume I don't have to give them any of this information? They also ask us to make an offer of a monthly payment(?) we already pay what we can afford.
  22. They never agreed the £5 per month we just pay it as a token gesture really. They wanted more like £100 per month on each account, but this was asked for verbally so nothing in writing. They have also dealt with both accounts entirely differently no consistency whatsoever. One account gone straight to MCS/DG and this one which is the higher one of the two asking for our finances. When they said they didn't take into account loans/hp agreements etc they also said because the HP agreement was on a car we didn't need a car(?)........ The planner they have sent us also asks for the value of our house and the value of our mortgage which I am very lothed to give them don't see that its any of their business - they owe my husband money....... They haven't asked for proof of income yet and I wouldn't send it anyway. Are you saying don't send the budget planner?
  23. I have already had one lot of really good advice from people on this site so here goes again. As already stated in my previous post my husband has two overdrawn accounts with these people, both with pending bank charges claims on. One account they have passed to MCS/DG solicitors which I am dealing with thanks to this site. They have taken other tactics on the other account. Haven't heard a thing since January and they now send a Final Demand giving my husband 7 days to pay £3,700. They have also enclosed a budget planner asking him to make an offer of monthly payment. We already pay £5 per month. We already did a budget planner on the phone with HSBC and they said we were not eligble for hardship case (we weren't even trying to get it) because they don't take into account loans, hp agreements and other credit cards but they ask for all of this on the budget planner. They never offered any other assistance - apart from the bloke actually asking how we do manage. They funniest question on their budget planner - "Does anyone owe you any money?" - I thought I would answer "yes you do!" My question : do we send the budget planner back? or do I write saying we have already done this over the phone?
  24. Thank you very much for your assistance. Have read the letter, brilliant love it, written in the vain I love to write my letters. I haven't actually heard back from MCS or DG since I referred them back to HSBC so do I wait or just write again? I also found out from my existing bank today that HSBC have been sending back the money we pay into the account since January. I assume this means they have closed that account without actually telling us?
  25. A quick overview of my husband's situation. 2 overdrafts with HSBC been trying to sort out a suitable resolve since 2006 to no avail apart from the offer of a loan which would have cost him more each month than managing the overdrafts - he said no. Put a claim in for bank charges just before it all got stayed so obviously he is now waiting whilst the amounts escalate. Have never been able to get any sense or assistance from HSBC, he pays a minimal £5 per month into each overdraft (interest every month £40 on each account). We tried the budget planner route for hardship but told because we have a bank loan and car on finance we're not in hardship. The situation now - they have passed the smaller of the two overdrafts to MCS - I wrote telling them it was disputed and referred them back to HSBC. Within days I had a letter from DG Solicitors threatening a "Charging Order" on the house - again I wrote back referring them back to HSBC. All correspondence copied to HSBC. Now had a letter from HSBC saying we haven't paid anything into the account so its been passed to MCS please contact them. No correspondence back from DG. We do not correspondence by phone so I have no chance of them bothering us at home. I am about to have a baby and would like to get this dealt with before the fun begins. Any suggestions greatly appreciated.
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