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About Vstar

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  1. Again, thank you all for the advice. There does seem to be some confusion around the England to Scotland issue. The another website seems to think Scots Law applies after 6 months This 2012 post had some info too. https://www.consumeractiongroup.co.uk/forum/showthread.php?344776-Now-living-in-Scotland-is-the-debt-statute-barred Anyway.... I always avoid the game of letter tennis, but i think I'll put another statute barred letter in, with an addition that the 2013 £1 payment was a statutory payment for a cca request and should not have been used for anything else. I'll probably just leave the ball in their court after, and see if they want to start proceedings etc. I feel that is unlikely to be honest, but you never know.
  2. That is good. The letter from Walker Love accompanied by the Account statement was in response to a statute barred letter I sent them. Would you suggest forwarding them a copy of the attached scanned letter from 2013 and replies from MKDP. Or just leaving it alone till they try to serve me? BTW Thanks everyone for the helpful advice!!!!
  3. Last payment was taken without my permission from my current account by HSBC mid 2010. I presumed the letter i posted requesting my CCA in 2013 would count as an acknowledgement of the debt?
  4. I can't deny that I got myself in trouble, that is true, though it was never my intention to be in a position that I was unable to repay. At the time the request for the CCA seemed to be the best course of action. Also, to be fair it (and I'm sure this is an argument that has been heard before) it quickly came out at the time that the thieving banks had blown billions, so i count my conduct as more of a misdemeanor.
  5. Hi, thanks for the reply. You'll note the letter I sent was dated 2013 to a previous holder of the debt. Having read about a bit lately there seems to be some different views as to what counts as being unenforceable, and I was wondering if it had changed?
  6. Hi all, Well... this one has been going on for sometime, and there's definitely been some skullduggery going on. so I thought I'd ask for opinions on the matter. The issue concerns a £6K HSBC credit card debt and crosses borders! Around the time I went to university I opened a HSBC account along with a credit card (2003). This account was opened in England. Fast forward a few years to 2009 and I (like many) was a victim of the financial crisis and back home with Ma and Pa, now living in the Scottish Highlands. I managed to keep repayments up until early 2010 when it was no longer feasible and there was a £6k debt on the card. At this point I made a formal request for a true signed copy of my CCA. They couldn't provide it, or a reasonable explanation of where it had gone. At which point I placed the account in dispute and ceased payments. They ignored the fact it was in dispute and passed it onto DG Solicitors. I ignored all communications and they passed it onto MKDP around 2012/13. I contacted MKDP in July 2013 (letter attached) pointed out it was in dispute with HSBC and again requested my CCA (with a £1 postal order). They provided something of a reconstituted copy, but admitted they couldn't enforce the agreement. Carried on ignoring and it got passed onto Robinson Way. They admitted it was unenforceable and eventually asked for 10%, which I still ignored. Last year I moved back to England with the missus. I received a letter from Walker Love collections via the mail redirection. With most of my personal documents in storage in Scotland still I was thinking it was 5 years and statute barred (as per Scotland) so I put in a standard letter denying the debt. Walker Love have replied with a "Statement of account" showing I made a £1 payment in July 2013. This of course would have been the Postal Order I made at the time for the CCA. To be fair I guess that would count as acknowledging the debt anyway, but sneaky (skullduggery!!) all the same. I haven't made an actual payment since 2010. The account has now been placed on hold till 18th April 2018 to give me chance to respond. A few other points to note; My main current account is still registered to my parents address in Scotland and it is also where I'm registered to vote. I do have a joint account with the new missus and rent a house with her in England. Walker Love do not know I'm in England. The defaulted account has gone from my credit record and my score is quite good considering my past problems. I now work in the Merchant Navy and can be away for four months at a time. It could be the case that I am away when I need to take legal action etc etc. I'm still not a wealthy man and struggle to make ends meet. I'm not sure how the law relates to me, a debt is SB after 6 years in England, but 5 in Scotland. The account was opened in England, but I was resident in Scotland when the issues began. I could probably argue to being resident in either country at the moment. During moving and over the years I have misplaced some of the paperwork, but I do have some key bits. Scans attached. I am worried that Walker Love may try to escalate things with what I believe is the statute barred anniversary date of July 2018 approaching. Your opinions on what to do next please!!! scans.pdf
  7. Howdy All, Some time ago (August 2013) my employer issued a new contract for us to sign. Due to a few ammendments being required I have not been required to sign the contract until now. The problem with the new contract is that it includes a clause where I agree to reimburse my employer for any courses and expenses incurred if I leave within 2 years of that course being taken, and agree to deductions being made from any outstanding wages. Now I have had to do a number of courses necessary for the job (merchant navy officer) and along with accomodation the company will likely have spent a good few thousand on me. Unfortunately the company is rather poor and I am planning to hand my notice in within the next 2 months. Now The question I have is will this clause apply to any of the courses I took prior to when I sign and date the new contract, or will (as I am presuming) the previous contract apply. The contract states that the agreement comes into effect on August 20th 2013, I have done courses since that date, but have still been working under my previous contract. Any feedback would be greatly appreciated.
  8. Vstar

    HSBC Credit Card

    Hello all, Firstly I would like to apologise for hijacking this thread slightly but I have been following this thread closely as I am in pretty much exactly the same position as Rudy, I have received a letter off DG solicitors that they are going to apply for a CCJ, or in my case a Decree I believe as I am now resident in Scotland. The account is in dispute for the same reasons as Rudy, I have had the same photocopied T&C's minus the signed credit agreement and the same letters off Metros etc, all have had similar replies to what have been recommended here. I do have a couple of questions though and would appreciate your thoughts; I am currentlty training to be an officer on tankerships, naturally this takes me out of the country, typically for 2+ months at a time. Can I be served whilst out of the country in such a manner, I currently reside with my parents whilst training who may open my letters if I ask them, and if summons is issued instruct them that I am unable to attend. Would this be the best course of action. I have naturally been somewhat slow in replying to some of their letters, would this stand against me a county court Are they likely to take this matter to court in the absense of a signed credit agreement. I am fairly confident of my ability to put forward a good defense. Would their breach of the contract in passing this on to DG and metro whilst in dispute, coupled with their apparent loss of my signed CCA render the agreement void/terminated in the eyes of a judge/sheriff, may such a request be made on the day or would a seperate counter claim have to be made myself? Would their lack of any explanation as to how my CCA became missing (missplaced/destroyed), when it was last seen, from where it was lost, who was responsible for its loss, how was it stored, lack of investigation.... be seen as an ongoing dispute? Would putting this argument forward in court make them look incompetant, and put sheriff/judge on my side? Now to the most important bit, I also have a current account with HSBC, this had an overdraft agreement of £1500. Two months ago my paychecks put the account into the black, it was my intention to close the account at this point, however I was at sea at the time so did not have the opportunity to do so. In the meantime HSBC have promptly removed £700 form the account using a DR code, and putting "AS ADVISED" on the statement (online). Obviously I will now withdraw the remaing money and close the account. I am aware this is legal in certain circumstances, but recieved no "ADVICE" off them prior to them doing so, and it has been done whilst the CC account is in dispute. IS THIS LEGAL !?!?!? As i mentioned earlier any thoughts and opinions on the matter would be greatly appreciated. Vstar
  9. Just a quick shout to say hello to everyone. This is a great forum and has been firmly planted in my favourites. One quick question when i click on a highlighted link eg for signatures (SignGuard Digital Signature Strip )I get the following message Vstar, you do not have permission to access this page. This could be due to one of several reasons: Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system? If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation. ???
  10. Vstar

    HSBC Credit Card

    This is a gret thread, I've written out my own letter and will be sending it tomorrow Vstar
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