I have spent the morning reading through this website and I can't believe I didn't find this site a lot sooner.
My problem is this, I have a mortgage with UCB home loans (Nationwide) I also have a secured business loan with HSBC, unfortunately I had to close my business down due to a disagreement with my franchisor, I had to fight quite a long legal battle which I eventually won, but left me with no cash flow. But that's another story.
HSBC are now taking me to court on Monday 10th Jan 2011 for repossession of my house against non payment of the secured loan.
Now I have been fighting HSBC, very politely, since 2008. I have been asking for all my documents etc "proof that they own the promissory note etc" and are the legal owners of the debt.
I have even issued them with an affidavit and an opportunity to cure. All ignored.
I even repeated the paperwork process to their solicitors Wragge&Co, again all ignored.
Then I sent HSBC £10 and have asked for an SAR, they have cashed the cheque but I still have received nothing. In fact we have a letter refusing to give us thie required information without us getting a court order asking for the info. This was back in Oct 2010.
I have also sent in a complaint to the Financial Ombudsman. Still waiting for a reply.
I have requested that the case be deferred and paid my £40 but have received a letter this morning telling me that the case must go ahead and the court will consider the application for adjournment at the hearing.
Not only am I asking for proof of ownership of the debt but HSBC have added extortionate charges onto my account from when they were running my invoice finance, in fact HSBC failed in their duty to collect all my final invoices in when I closed my business down, approx £40k, which would have knocked off a large proportion of my debt.
My wife and I are now worried sick that we will lose our home or be made to sell by the bank. There would be very little if any equity left in the property if we were made to sell so we can't see any benefit to HSBC forcing the issue. We have always stated that we are willing to pay anything we lawfully owe once we have received the requested information.
Has anyone had a similar experience or any advice to give us that we can perhaps use to our advantage on Monday?
Anything would be appreciated!!!