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Emptysack

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  1. What are the ICO guidelines regarding accounts that are in arrears? Should they be defaulted after a certain period of time ?
  2. Do you think think I should contact them about it now or should I leave it because it will become statute barred after 6 years?
  3. Ok, thanks for your advice. Would that work even if they had not defaulted the account?
  4. No, there is no default showing on the account. The HSBC accounts are still showing as active accounts. but 36 months late. I don't think they have ever issued a default notice either. Seems they are content to just let the account stay on my file forever, in arrears. I don't have more than 6 years of history with them. I have around 5 and the last 3 have been a read 6 every month for around 36 months. What would my options be here?
  5. Hi all, I previous had an HSBC package account with overdraft and credit card. Around 2018 I got into some financial problems and the accounts were defaulted. I ended up owing them around £6.5k in total. My credit has been terrible ever since, as you can imagine. I decided that I was just going to have to live without credit for 6 years, and tbh I have been getting along fine. I am in a much healthier position financially now. However I still have these defaults and a couple of other minor ones from the same time hanging over me. I decided recently to use checkmyfile to do a multi agency credit check to see how long had passed since the defaults and how long it would be until they were off my reports. However upon checking it appears they have not defaulted the accounts, but have been marking them as 6 months late for the past 36 months. Are they allowed to do this? I thought defaults and statute barred debts existed for a reason. so people who have made mistakes will learn form them but also to get the chance to start again after a certain period of time has passed. TBH I don't recall ever receiving a default notice for either of these accounts. It appears HSBC are content to just late the accounts sit in perpetual arrears for ever. What are my options here? I know I made mistakes in the past but I would like to be able to restart sometime. Is what HSBC are doing even legal? Thanks in advance
  6. This morning I received a court letter stating "The case has been adjourned generally IT HAS BEEN ORDERED that specific documents to be produced within 6 weeks of this order." What exactly does this mean?"
  7. Ok, I have finally got this converted to a PDF and attached to the bottom of this post,.. + I have some good news (or at least I hope its good news)... When I posted this thread originally I said it was next month, But it was actually next week, which was today. I was worried their solicitors may visit the forum and see what I had posted and know it was me who was looking advice. I went to court today and the judge said (not just to me, but to everyone) sometimes its better to try and solve things outside the court as sometimes it works in favour of both parties. I thought about this and spoke with their solicitor and offered half the money in installments over 24 months. He phoned them and they rejected it straight away saying the minimum they would take would be 75% to be paid within 1 month. I refused this and said I couldn`t afford it and said it would have to be over 2 years... Again he got on the phone to them and they said they would go for 75% over one year... I thought this was a bit much so informed him I would let the judge decide as I didn`t feel a personal guarantee existed, as I was not made aware of it, nor was the form legible enough to read if it actually existed.. When the judge dealt with the case I explained that I opened a credit account in screwfix unaware it had a personal guarantee had been included in the application forms. I remember filling the form out at the time of opening the account and it was a photocopy of what seemed like an application form, it was mostly illegible. The Judge agreed that it the section that included information about a personal guarantee was illegible, as was the copy she had received and the same with the copy their solicitor was try to use against me in court. She asked was there an original copy and their solicitor produced and clear application with no details on it. The Judge agreed that it was clear and included a section about a personal guarantee but also said that it was a blank form and not the one I have filled in and signed. She then asked their solicitor if he had a legible copy of the form I had filled in to which he replied they had not been able to locate it. She then asked me if I had an original copy and I explained to her that it was the same as the copy she had received as it was a poorly photocopied application form I had filled out in the shop. She then explained to their solicitor that she cannot hold me responsible for a personal guarantee that was not legible and said if they wished to proceed they would need to provide a legible copy with my signature, and that they had 4 weeks to get it otherwise it would be ruled in my favour. As stated already I know from the time of filling in the original application form that no legible version exists (or at least im 99% sure, there is just a slight element of doubt in my mind) The form I filled in looked as if it had been photocopied a few thousand times... I just hope they don`t come back with something within the next four weeks. [ATTACH=CONFIG]55913[/ATTACH]
  8. I will try and convert it to pdf and upload to the site when I get on my computer, im posting from a chromebook atm
  9. I was the director of a company that had a trade account with screwfix. When the account was opened it was opened in the ltd companies name and I was never told about an directors guarentee. The application form that I signed had been photocopied that many times most of the writing on it was illegible.. Stupidly I signed it and opened the account. A couple of years later the company got into financial difficulties, became insolvent and folded. I soon received word from screwfix`s solicitors that I had signed a directors guarantee and was personally liable for the company debts to screwfix. I got a copy of the original agreement and it is totally illegible.. You can barely read any text on the agreement out it is that bad. Ive to go to court next month as I`ve contested the claim as I was unaware I was signing such a guarantee and am unsure if they can enforce this as what Ive signed is unreadable. Does anyone know if this can be enforced if its illegible and I wasn`t informed I was signing such guarantee ?? here is a copy of the guarantee drive.google.com/file/d/0B6TE6OZvjMKGSVVMLWY3NE9uUHc/view?usp=sharing UNfortunately I cannot post links so you will need to copy paste the link above bump Thanks in advance for any advice on this issue
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