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Determined1

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  1. I requested the information via a SAR on more than one occassion but just kept getting ignored. Wragge&Co just gloss over this issue and present me with statements. The charges are for interest added to the account while we have been in dispute. They are now saying that the information we are asking for is related to a different account (business account), which it is, however, money should have been paid from our business account into our business loan account to reduce the loan amount. But they won't even entertain discussing this and have now persuaded the judge that the only accounts they are chasing us for are the business loan account and a personal account. We now have to put our evidence together in correct legal format and closed with a "Statement of Truth" by the 9th May 2012, which I am not sure how that format should be? Can anyone advise on that please? Although they have told us that that are not interested in any other account we have to try and bring this information to light because it does have relevance to why we were not paying off the loan. Hope this makes sense as it is quite complicated.
  2. My wife and I went to court and Wragge&Co turned up this time (they failed to turn up for last appearance), we had with us the letter from the FOB which stated that they were unable to come to a decision because it may conflict with the courts/judges direction, what a cop out? We had a business acc, a loan account and an invoice finance account with HSBC, all linked to each other in one way or another. Wragge&Co have been very sneaky and are now only wanting to chase for the loan account now and are not willing to enter into discussions about any other account at all. But we need to collate all other acc information to be able to make our defence, we have submitted a SAR, our cheque has been cashed but no info has been sent. They just tell us that they do not have to send Ltd company information as it is confidential. We have complained to the judge about this but he was not interested at all with regards to the SAR? We had submitted our defence as requested i.e. Explain what information we wanted and a full explanation as to why we wanted it (we had to do this for every point we were arguing). Wragge&Co tried to get this completely dissmissed due to the fact that it was not in the correct format i.e. legal speak and that it was not closed with a statement of truth. Fortunately the judge over ruled them but has said that our next defence had to be in the correct legal format and closed off with a statement of truth. (Can anyone please help me with the format I should use as I am not legally trained?) The judge also stated that we were to be provided with statements from our accounts. Strangely enough at 9.30am the very next morning a bundle of stsatements arrived from Wragge&Co, however, these were only for our loan acc. What we actually require is all internal correspondance relating to our accounts as these will prove that our businees bank manager was acting illegally, out of banking business hours and incurring us thousands of pounds in charges. Because of these charges we were unable to transfer money to our loan account to reduce the loan. This is a real mess I know and I don't think that we are going to get anywhere, so perhaps we need to try and put a repayment plan together? There has also been approx £35k worth of charges/interest added to the account whilst we have been in dispute. If anyone can make any sense of this I would be very grateful of any advice that you could offer me. Many thanks
  3. You don't appear thick at all, it's quite a complex situation to be honest!!! They now have a 2nd charge on the property which they are looking to enforce and applying for a repo order. I am not sure if the best thing to do would be to put together a repayment schedule for now and once thats in place then try and get the extra added interest removed from the account?
  4. They were going after all accounts but now they are just going after loan account. My guess is that they know that there has been some some "wrong-doings" but the loan account on it's own is pretty straight forward i.e. You had the money as per statement, so you have to pay back. No questions etc I applied to HSBC for the SAR, they have not refunded the cheque. The only other director was my wife.
  5. Hi I thought that I had posted a reply early in the week regarding my last court appearance, however, I cant see it so I can't hit the the reply tab, oohps! My wife and I went to court and Wragge&Co turned up this time (they failed to turn up for last appearance), we had with us the letter from the FOB which stated that they were unable to come to a decision because it may conflict with the courts/judges direction, what a cop out? We had a business acc, a loan account and an invoice finance account with HSBC, all linked to each other in one way or another. Wragge&Co have been very sneaky and are now only wanting to chase for the loan account now and are not willing to enter into discussions about any other account at all. But we need to collate all other acc information to be able to make our defence, we have submitted a SAR, our cheque has been cashed but no info has been sent. They just tell us that they do not have to send Ltd company information as it is confidential. We have complained to the judge about this but he was not interested at all with regards to the SAR? We had submitted our defence as requested i.e. Explain what information we wanted and a full explanation as to why we wanted it (we had to do this for every point we were arguing). Wragge&Co tried to get this completely dissmissed due to the fact that it was not in the correct format i.e. legal speak and that it was not closed with a statement of truth. Fortunately the judge over ruled them but has said that our next defence had to be in the correct legal format and closed off with a statement of truth. (Can anyone please help me with the format I should use as I am not legally trained?) The judge also stated that we were to be provided with statements from our accounts. Strangely enough at 9.30am the very next morning a bundle of stsatements arrived from Wragge&Co, however, these were only for our loan acc. What we actually require is all internal correspondance relating to our accounts as these will prove that our businees bank manager was acting illegally, out of banking business hours and incurring us thousands of pounds in charges. Because of these charges we were unable to transfer money to our loan account to reduce the loan. This is a real mess I know and I don't think that we are going to get anywhere, so perhaps we need to try and put a repayment plan together? There has also been approx £35k worth of charges/interest added to the account whilst we have been in dispute. If anyone can make any sense of this I would be very grateful of any advice that you could offer me. Many thanks.
  6. Hi Thanks for the advice. However, the data controller has told me that they have reached their final decision and that they do not have to supply me with all the requested docs as they are from a limited company!! Which of course they are as we owned the company. We have just been banging our heads against a brick wall for years now. SAR request after sar request just to be completely ignored. The judge was not even interested to find out that we had not received the info?? Wragge & Co have now said that the account that we are disputing does not form part of the their clients claim (HSBC), so the judge said that they had to send me statements from the loan account only. My hearing was at 1pm, by 9.30 the next morning I had a huge bundle of statements arrive from Wragge&Co. Wragge&Co also tried to get my defence struck out because my letter was not in the correct legal format and finished with a statement of truth! Very crafty indeed. Luckily the judge did not let them get away with that. But when I have got my defence together I have to present it in the correct format, whatever that may be? The problem I have now is that they wont give me or dont want to recognise details from our business banking acc that will show serious issues regarding to HSBC's banking practice which in turn had a drastic effect on us being able to service the loan account (which is what they are after me for). I am really at a loss as to what to do. Any ideas or advice would be most welcome.
  7. Hi I have asked all the relevent questions of Marstons and to my surprise they have all the writs in place, they have supplied me with statements which all look ok. BUT the biggest surprise of all is that they have accepted a reduction in payment down to £50pcm, which I am very happy about. So thank you everybody that came in and gave me advice, it really is appreciated. It's not all good though as HSBC are now coming after me hard for the business loan. I have quite a few questions that I would like to ask CAG but not sure if I should ask them in this thread? Thet are all to do with a business loan I took out with HSBC!!! Please can someone advise me where to ask my questions if not in here? Many thanks once again.
  8. Hi we were trading as a ltd company however, HSBC insisted that we sign personal security forms for the invoice finance.!!! Marstons didn't actually take anything from our house but just made an inventory. There were 3 company vehicles on the list (all gone back to lease company) and 2 personal cars. The rest was just white goods and soft furnishings, which would not fetch much at auction now I am sure. I will mail off my questions today and let you know how I get on.
  9. Really ??? I feel totally stupid now, I just thought that once the payment plan was in place that was it written in stone and any default would have them storming through my front door to collect my furniture etc? As per the inventory. So in theory then my payments could just be going straight into Marstons account and they have no duty to pass this onto HSBC at all ? Therefore my debt will not/could not be getting paid? I will write to them straight away asking for statements and will put your suggested questions to them. Thank you. Would I be within my rights to stop my payments until I have answers to my questions? Even if I just keep the money to one side in case they come back at me for the missed payments. The only thing is that all the letters I have ever received from them always finish with the threat of coming to collect my furniture etc if I do not keep up the payments!!!
  10. Hi Just spoke to a Marstons agent:spy: and he informed me that he has no dates showing on his systemfor 2008, 2009 but he has a date in 2010 when the solicitors applied to the courts to have the writ renewed 14/4/2010. Nothing for 2011. Does this have any bearing on my rights etc? I am not sure of the legalities involved.
  11. Hi I have not received any correspondence from Marstons to inform me that the Writ has been renewed. Are they legally obliged to inform me or is it a formality?
  12. Hi Thank you for your replies. Marstons did come into the house while my wife was here, she thought that she had to let them in. We now know different but back then we were very worried. They took an inventory as I remember and then threatened to come back in a few days to collect the goods. We then managed to hold that off with the offer of £200pcm payment. This was back in March 2008. We struggled to keep up these payments and further threats were made until August 2008 when we commenced payments again. We have had no further contact with Marstons at all. Will they be acting on behalf of HSBC (Invoice Finance) or will they have just purchased the debt and are just normal debt collectors? I have asked this question but I am always ignored. What will I gain by submitting a SAR to them? I have a notice of seizure from March 2008 with the total costs as follows: Judgement Debt: £15,946.52 Judgement Costs: £912.41 Execution Costs: £101.75 Interest: £34.40 Officers Fees: £1,536.68 Total Levy: £18,081.76 I have called them yesterday and asked for a statement which they did not like, the Marstons rep was very off indeed. I also asked about reducing my payments and was told to submit an income/outgoings sheet for them to consider. Any thoughts or advice that anyone can give me would be greatfully received. Many thanks.
  13. Hi I wonder if anyone can offer me a little bit of advice please? To cut a long story short back in 2007 I had to close my company down, I didn't go bankrupt, which in hindsight I think I should have done. However, I was left with an invoice finance bill with HSBC of approx £17k (they refused to collect in my outstanding invoices, but thats another story). They eventually called in Marstons who visited my house took an inventory etc added charges etc and frightened the life out of my wife and children. I agreed to pay them £200 a month and have been doing so ever since then. My questions are: A: Am I within my rights to ask for regular statements and breakdown of all costs including original contract etc? B: I am now out of work and really struggling to pay the £200 pcm that I have been paying, how do I go about asking for a reduction in my monthly payments? Do I approach Marstons or do I apply via the courts? Thank you in advance for any advice offered as I do not want to go about this the wrong way as I know these people can be ruthless. Many thanks Determined1
  14. Hi Does anyone know if banks can write off a 2nd charge against a property as a bad debt if there is no equity in the property without repossessing it ? Or in order for them to get the debt written off do they have to repossess. HSBC currently have a 2nd charge on our house due to an old business loan, they are now going for repossession, however, our mortgage lender will obviously get their money from any sale first leaving nothing or very little for HSBC. We are fully up to date with our mortgage payments but our business account has been in dispute for 4 years now. So if there is no equity in the property can the banks write this off as a bad debt without repossessing our house? Has anyone had any similar experience or could anyone shed some light on this for me. Many Thanks
  15. OK, have gone just a little bit brain dead now, information overload!!! So do you think that I should NOT send in another letter to the data controller at HSBC demanding my SAR that I paid and applied for in OCT 2010 ? If not then you say I should send in a requests for information under CPR. CPR31.14 for my documents or do I send in a request under CPR18 ? (sorry still trying to get my head around the difference) and who do I send this to ? The HSBC data controller ? I have another 17days before I need to send in my defence to the courts detailing each document I am asking for and why I am asking for the specific document. Then Wragge&Co/HSBC have another 21 days to send the requested information back before another court date is set. My thinking is that they will just stall on supplying all the documents if I do request them via the SAR and/or the CPR31.14 / CPR18 route. Also where do we stand if they do not supply all the relevant docs?
  16. Thank you for the help and advice guys/girls, it is appreciated. I will take action now and let you know how I get on.
  17. Most if not all of my debts are in a joint name with my wife i.e. business loan, business o/d etc. If we were to take the bankruptcy route would we both have to file for bankruptcy separately and pay the individual £600 each or can this be done jointly?
  18. Hi banksdomyheadin I really do feel for you my friend and your story/scenario is like a mirror image of mine and it seems like I am in exactly the same position as you. Maybe we should swap our stories and our experiences ? You never know we maybe able to help one another ?
  19. Thanks newstarter, advice much appreciated. Do you think I should send another letter to HSBC asking for the SAR and informing them that if they do not comply then I will be informing the I.C.O or should I go straight to the I.C.O now ? I am just thinking that if I write to HSBC again before submitting my defence etc then they may just forward my letter straight to Wragge!!! and as you say they are good and will no doubt have a standard get out clause? My take on proceedings is that the judge wants me to list all the relevant info I require from the bank instead of asking for the SAR, I wonder why?
  20. Hi The original business loan was for £105k. We were paying £1,800 pcm which we paid for just over 2 years before we had to close our company down due to a franchise disagreement (another story). The amount they say we now owe is £170,000 which includes £20 a day interest since the account went into dispute in 2006. They have also decided to put onto this account the interest and charges that occurred because HSBC refused to collect our invoices in when we closed down. HSBC had been acting as our invoice financing company for approx 3 years and we did not have any bad debtors at all, they simply didn't bother to collect and just charged us the £30k they should have collected in on our behalf. This really is a complicated case that HSBC just want to bulldoze ahead and push us out of the way and bury us in the process.
  21. Hi Sigsue HSBC actually cashed my cheque back in October 2010. The judge didn't seem too concerned that they have ignored my request and was more interested in what specific information I wanted, other than statements. The Financial Ombudsman just don't seem to do anything either, I wrote to them back in December 2010, still not heard a thing from them? Apart from going to HSBC's head office in person and trying to get the SAR I am at a loss as what to do next. Anyone had a similar experience ?
  22. Hi Well I managed to persuade the judge to give us some time to gather evidence, much to Wragge & Co's solicitors disgust. We now have 21 days to put forward our defence, HSBC/Wragge&Co then have 21 to respond then we have another hearing, so at least we have some time. However, the judge did not seem to interested that HSBC have ignored my SAR ? He wanted to know what specific information I required from the SAR, my response was that I needed as much info as possible etc, not just statements. For some reason the judge was very cagey and was quizing me with regards to what information we required!!! Anyway, HSBC still have not given me the SAR, has anyone any ideas as to how I can force their hand for this please? They have cashed my cheque but just ignored my request. I have tried the Financial Ombudsman but they seem next to useless. Once again any advice would be gratefully received.
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