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Cindyneedshelp

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  1. Can you recommend any good lawyers in London ? It looks like she did sign the second charge, as yet not able to confirm the first. HSBC did not require independent legal advice from her, she says she can't remember signing the 2nd charge, but a signature that looks like hers is on the documents, and she says if it been explained to her the extent of the charge and the implications then she would not have signed it.
  2. Received some boxes, checked through them, it appears that there are two charges on the property. However there is no details of what makes up the balance and who the payments were to and for what. It appears that these charges where made in respect of the ex-husbands debts. There's some photocopies of the agreement which was held at the land registry, but no bank copies provided. The first was for £25K, no copy of the agreement, the other, the second had and agreement which was very open ended. Extract of the wording: HSBC Bank will hold this Mortgage as security for the debts (subject to the limitation as set out in this Mortgage) and/or the other liabilities to HSBC Bank as set out in this Mortgage. The amount of the debts but not the other liabilities shall be limited as set out in clause 2. What this means is that both present and future indebtedness up this amount, together with the other liabilities in that clause, are secured by this Mortgage. The debts may include overdrafts, loans or money due under any other facilities that HSBC Bank has granted to the Borrower or grants to the Borrower in the future, whether on not you know about or agree to them. Normally, HSBC will not inform you of existing or future debts or liabilities of the Borrower. Clause 2 The debt is: a) all money and liabilities whatever, whenever and however incurred, whether with or without your knowledge or consent and whether now or in the future due, or becoming due, from the Borrower to the Bank. This includes, but is not limited to (whether as originally given or subsequently varied, extended or increased in any way) i) overdrafts, personal and other loans or facilities and further advances of money, ii) guarantees and indemnities to the Bank and any of the Borrower's other contingent liabilities, iii) Interest on the total amount mentioned below in accordance with any agreement between the Borrower and the Bank..... The total amount of the money and liabilities referred to in a (i) and (ii) above that the Bank can recover from you under this Mortgage shall be limited to £75,000. Why on earth would this be signed, no independent legal advice was given. And apparently both of the charges are outside of the CCA. Where do we go from here ?
  3. Sent the two letters a SAR and CCA, 14 days ago registered post. Just received an email saying they will forward the information requested. Will keep you posted on what we receive.
  4. We emailed them a letter asking them for the address that we could send the SAR and CCA to, this is what they wrote back: "Please note that the information you wish to obtain cannot be obtained without the a disclosure order against the Bank being obtained by yourselves, or issuing a pre-action letter requesting Disclosure as the information is confidential internal information which cannot be disclosed without a court order. Please find a copy of the documents pertaining to our charge" All that they sent was copies of unsigned letters that they sent before via email, demanding the settlement of the money and for her to provide a statement of means. None of these letters as she received physically through the post before. Currently she is only getting email correspondence. After investigating further she is adamant that she as never signed a charge on the property. Any advice on the next steps please
  5. Does any one have a link to a template for a SAR letter in respect of the charges on the mortgage ?
  6. She hasn't received anything from HSBC other than out of the blue a demand for the £96K to be paid within 28 days. I will get her to send a SAR. But where does she go from there ? What happens if there were letters sent but in their joint name and he ex as not shown them to her ? When you send a SAR do you send it to the registered office ?
  7. This may be the wrong forum to post but looking for some advice: I’m looking for some advice on how to deal with this matter. My girlfriend received out of the blue a demand from HSBC in respect of a charge on a property she shares with her ex-husband. She recollects at some point in the past counter signing a document in respect of a £40K business loan for her ex-husband, however the demand she received is for £96K. At no point up until the demand for the £96K as she received any documentation, ie statements or letters etc. When she received the demand she went back to HSBC asking for copies of the agreement and copies of statements, as yet they have not provided her with these, but they continue to send her letters asking her to provide a statement of means otherwise this matter with be dealt with through their legal department and a debt collection agency. How should we proceed ?
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