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coly coly

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Everything posted by coly coly

  1. Back in 2006? That's what I think, but do they have any mileage arguing that it only matters if the account is passed to collection? Between 2006-12 it was managed by First Direct on the managed loan. I have sent a SAR and will hang fire on escalating to the FOS until that info arrives, although HSBC may try and pull the 6 year DPA excuse. I do have old CCCS DMP statements from 2008-ish though which refer to the First Direct managed loan. First Direct refused to accept the CCCS DMP but the CCCS budgeted the managed loan into my repayment schedule (as mentioned I came off the CCCS DMP). Is the Final Demand a Default Notice?
  2. I attach a letter just received from HSBC and a copy document enclosed with it which they sent to me in 2012 called a "Final Demand." Firstly, does anyone know if they SHOULD have formally Defaulted my accounts (there were 3 in total, a credit card, personal loan and overdraft) in 2006 when I first defaulted on my repayments? Secondly, is the Final Demand a formal Default Notice then? They appear t be saying that it is and that it doesn't matter if I defaulted 10 years ago, what matters is me receiving the Final Demand in 2012 for the purposes of CRA reporting of a Default. Seems grossly unfair to me. Any thoughts? Thirdly, HSBC deny that amalgamated accounts are unlawful and put to me to proof / legal authority. They state that consolidating the 3 types of debt was "merely an administrative step." Finally, if I have inadvertently left anything personal on the attachments on this thread do let me know (!) as I have tried hard to conceal all but the necessary dates and vital info. fd..pdf
  3. It doesn't surprise that your remarks were edited. Post #24 sensibly highlighted the danger of simply withholding payments in these circumstances. Great care is needed and calling people "cash cows" and encouraging them to stop paying and potentially making matters worse is reckless. You also expressed surprise that the debts were merged. Yet that was been clear from the outset. I have requested my SAR and have also revisited the CCA request. For the present that is all I am being advised to do by more knowledgeable contributors on this forum and I will report back when I have more information in which to base a viable dispute with HSBC.
  4. That's right. Although they didn't file the AP at all until recently, so the sequence of events were: 2000 took out overdraft and credit card 2003 took out personal loan 2006 defaulted and then put on Managed Loan merging the 3 types of debt 2010 CCA'd them but told it was all merged and therefore the CCA did not apply 2015 AP account filed on my CRFs I have sent the SAR so will see what that comes back with (hopefully they will send lots of microfiche documents going back past 6 years).
  5. I wasn't formally Defaulted in the sense they didn't record a Default on my credit files in 2006. It reappeared as an AP last year. I did default though, as they merged all defaulted debts (loan, cc and overdraft into the managed loan). I vaguely recall reading somewhere that if they should have recorded a Default (minimum payments / frozen interest repayments) then the can be told to remove data from credit files. Is this the case?
  6. I've trawled those threads 3 times now and there's nothing that appears to correlate with my issues on this managed loan. If you could highlight one that would be great. However, Citizen B In a thread on the managed loans posted this a few years ago: "managed loans, hateful things and very cleverly used by HSBC. You automatically lost the protection of the CCA1974 when they rolled that up and any errors on the agreement in respect of the loan that was rolled up alongside it, would also be lost in the mists of time." Is that correct? It backs up the response I got on my own CCA request in 2010. If so, presumably there's nothing more can be done. I will report back on the SAR although I'm not sure how that will assist regardless (?). I still have the question about the CRA reporting and i'm wondering if anyone has an answer to this question? If not, can cag point in the right direction?
  7. My reading of that post was to stop paying. Period. The debt is still owned by HSBC as I made clear from post #1. I got the impression from posts that that this being a "merged loan" made it somehow illegal or unenforceable? Is that only the case then if a loan, credit card and current account overdraft are lumped together and then sold on to a DCA? One of the reasons I asked about the Default/default issue was because I am already on low repayments but am tiring of it being on my credit files when I defaulted over 10 years ago. Sorry, I mean "Managed Loan" not merged loan.
  8. Also, can anyone help me on the Formal Default / default issue? Should this merged loan still be on my credit files after 10 years or not? Help, please?
  9. Exactly! I don't want to make this worse and need to be absolutely sure that I can legally withhold repayments to the bank. On what basis can I attempt such a move? I'm not being told that, simply that I'm a "cash cow" but as a legit debt I can't just stop because the bank cannot produce the CCAs surely? Unless there's something about these being a "merged loan" that makes it different?
  10. On what basis? I don't understand. Again on what basis? Can I claim back what I have paid back to them all this time? Really?!
  11. I'll send a SAR and report back here. However, if HSBC only provide 6 years' data then I'm surmising a SAR may not be helpful (the loan element of the account dates back to 2003, the credit card and current account earlier still; as stated, I defaulted in 2006). If they do come back with nothing of any use from the SAR, given we know the CCA did not show up anything, then what? On what basis do I refuse to pay? I did borrow the loan money and I did rack up the credit card and the overdraft, so on what basis would the court allow me to evade the balance of the debt? Because it is unenforceable? If so, how? Also, can you tell me what I do about the credit files? Can HSBC record this on my files if I defaulted in 2006? I did not, apparently, get a formal Default but did 'default' (if you follow what I mean).
  12. I file trawled and see that I sent a CCA request back in 2010 on this. Here is what HSBC sent back. They are saying no CCA request is valid because they rebooted the loan and credit card in the merged plan . I have sent a fresh CCA for the loan, credit card and anything relating to the managed debt plan let's face it their response is going to be the same or similar. I would like to know: 1. what constitutes a Default? 2. is the HSBC managed loan legal? 3. Has anyone successfully had an HSBC managed loan forgiven? 4. If I stop paying, can they trash my credit files and get a CCJ? FD CCA.pdf
  13. They shoved everything into my current account so presumably there won't be a CCA to send. Also, it goes back 6 years so they probably won't send any evidence of the credit card or loan elements under a SAR. I will send for a CCA and SAR but if I'm right I won't get a CCA for a current account and there will be nothing going back more than 6 years. I don't think I have kept any old credit card or loan info. What I need are statements proving the consolidation of the 3 liabilities plus CCAs for the credit card and loan. But, on the credit files issue, can I get them to remove it?
  14. I want to know if it is defaulted or not, and what can be done about removing it from my credit files. I will look into the legality of their claim next. But for now I'm interested in exploring what can be done about this on my credit files.
  15. I missed a payment last month - my first in 10 years - because I mistakenly paid someone else twice instead my error I sent them a cheque to make it up. In the interim, they sent a letter threatening to take me to court for a CCJ to sell my house. I sent a covering letter acknowledging the debt, as I have always paid my debts. On their breach for merging, do you have a template letter I can make use of? Or any suggested form of wording? Ref the CCA letter, the account number they use - have used since 2006 - is the current account one. What they did was add the loan and credit card balances to the overdraft and continued using the bank account as the generic reference. Any CCA request will just show up the current account info surely? Also, as it is more than 10 years old (the debt) they may not be able to supply proof of the consolidation from 10 years ago?
  16. No sir. The bank merged the 3 debts owed to them into one consolidated debt in 2006, when I defaulted on the loan. I then went on a CCCs DMP until 2008. Have paid Metro and now HSBC since. i.e. THEY (First Direct) merged everything into one balance for me to repay, interest free, in 2006.
  17. HSBC Debt Collection (formerly Metropolitan) , and a token payment of £24 each month on what was originally an £18,000 debt. They froze the interest in 2006. Since 2006 I have brought the balance down to £7,000. The balance is a loan, credit card and overdraft all "consolidated" when I defaulted on the loan element in 2006
  18. Should it have been defaulted and can I do anything about this ?
  19. I defaulted on a debt in 2006 but the bank did not register the default with the CRAs. I paid them reduced sums through the CCCS. In 2008 I came out of the CCCS and paid the bank direct. I received the attached letter. No Final Demand received but it was managed by Metropolitan. Is it a valid default notice? I continued paying First Direct what they were asking for but in 2012 commenced much reduced, token payments. At the end of 2012 HSBC marked my credit files with details of the account as an Arrangenent to Pay. Is the 2008 letter a Default Notice? If it is, does this mean that the account have been removed from my credit files after 6 years? first direct.pdf
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