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smiler71

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About smiler71

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  1. Hi I’m still waiting for HSBC to supply relevant documents following the SAR. However, I have received a letters from them refusing the full and final settlement offer of 40% the original debt. They also state in their letter that “it is not HSBC policy to freeze Interest and charges on business accounts”. The business is no longer in existence, and they are chasing this through the personal guarantee so the debt should now be a personal debt shouldn’t it? Can they legitimately continue to apply these charges? I did write to them stating the debt was now personal and therefore covered by
  2. Hi Just another quick question! I profess to have very little knowledge of debentures/personal guarantees. As I said in my previous post I purchased a copy of the debenture from the Companies House website as HSBC have yet to respond to the SAR. I’ve just read through page 2 of the document, “Short particulars of all the property mortgaged or charged” and it only makes reference to the business premises, land and fixtures/fitting belonging to the business. The business premises were leased, there was no land, and the fixtures were sold off for the small sum of £2000 to pay business rates,
  3. Hi I’m still waiting for HSBC to supply relevant documents following SAR. However, I have received a letters from them today refusing the full and final settlement offer of 40% the original debt. They also state in their letter that “it is not HSBC policy to freeze interest and charges on business accounts”. The business is no longer in existence, and they are chasing this through the personal guarantee so the debt should now be a personal debt shouldn’t it? Can they legitimately continue to apply these charges? I did write to them stating the debt was now personal and therefore covered b
  4. Ok, got it now, thanks again!
  5. Hi And thank you for your advice, unfortunately the link you refer to does not work. However, I have sent a Subject Access Request to HSBC making specific reference to any agreements or personal guarantees that have been signed personally. Castlebest, I take your point about it being our word against theirs as there was no agreement. However, I have all the business bank account statements which clearly show all the transactions, including the balance being paid off the original loan. The monthly payments also differed for the two loans, and it even states “first payment” for the new
  6. Hi I’ve read many posts on this site, posted a few questions of my own and have had some excellent advice. One question I can’t seem to find an answer to is regarding HSBC and business loan agreement, or lack of one should I say. Not sure if anyone hear can help, but I’m hoping someone can. Took out a business loan (Ltd Company) in 2004, was told we had to take PPI even though we didn’t want it as it was inappropriate for our situation at the time. We also signed a debenture/personal guarantee for the loan. Successfully reclaimed PPI in 2006 or there about, HSBC wouldn’t just d
  7. Sent my SAR off this morning. Read something on one of the posts about SAR's with businesses, they recommended that all persons involved in the business should send off a SAR, leaving a few days between each, with the idea that different staff will deal with them and one may include more information than the other, so I will get my partner to SAR them as well next week and see what we get. I have also sent a letter asking them to stop adding disproportionate charges to the account quoting Unfair Terms in Consumer Contract Regulations as it is now a personal debt. £200 charges in one week
  8. Thanks again, will ensure that all contact is in writing and sent recorded delivery from hear on in. I will SAR them and see what comes back. I still have all bank statements relating to the account, it would just be loan agreements and details of the debenture, and as they included personal details, signature etc, I would hope it will fall within the realms of the SAR. Once agin I appreciate your help.
  9. Thanks again for your response. This site is a fantastic resource and I do appreciate your advice. I will certainly send them a Subject Access request, Could they use the fact it relates to a business account to refuse the request? As the supposed agreements would have been personally signed I’m hoping they would be covered. Do you think it would be worthwhile sending they a letter with regards to the repaid loan saying there was no signed agreement, so technically it didn’t exist, particularly as we didn’t even see anything resembling an agreement and see what they come back with? I und
  10. Thank you for your reply Yes it is HSBC funny enough!! I think the loan was to the business, but as we never saw the credit agreement I'm not 100% sure, but I should imaging it was the business. Would it make any difference? If it wasn't signed, and we never saw it, did it legally exist? The liability was not discussed as part of the bankruptcy, to be honest I thought it only ever related to the initial business loan and not "all moneys owed". I really didn't make the connection with my personal circumstances at the time as it was a Ltd company and I had resigned my directorship
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