Hello everyone, Just started to read the threads on MBNA now that HSBC is going to court. Up until 2 weeks ago I to was having problems with Mbna. the last straw came for me when they wrote to me threatening court action etc., because I have not responded to thier letters. I have previously asked them to contact me only by letter. The reason for the court action.....................they have not been able to contact me as they had been informed that I had moved. I wrote to them following the advice of this site and also demanded to know who had told them. I also used it as an excuse to tell them that I would be claiming charges and that if they did,nt give me an assurance that the person concerned had been remremanded I would get the information via the DPA. aslo asked them to prove that I owed all the money they claimed as a substatial amount was made up of unlawful charges. My reply was that thier charges were correct and enclosed a list of transactions to prove.....................Saved a tenner! also after all the phone calls from them and GVI etc (usually suggesting that I should borrow a debit card to make a payment over the phone " NOW! to prevent further action") they informed me that "without Prjudice and as a token of goodwill" they have taken £300 off my balance.......accepted the payments as per our DMP. and suspended all interest for the duration or until circumstances change............ But deny any wrong doing. I have replied to thank them for thier offer of goodwill and accept it as such. and reminded them that they still owe me the full amount of charges. Given them 14 days to respond, still demanding to know what they've done about the false claim that I've moved. And to treat the letter as an LBA.

I supose it may cost hem too much in legal fees if they loose. Even if they win I assume that their wrong doings would be recognised and dealt with and at least will result in a vast reduction of bank balance.

Another thought! After reading the leaflets from the court...........what are the chances of them counter claiming and how does this affect the process?

Is that he same as "Notice of Issue"? It says that it will be deemed served 30th November? and how do I get rid of that purple smiley thing?

hello all, Had a letter 2 days after I told the bank I was on my way to town to serve papers. They phoned about current account balance, but when I told her my intentions and that the bank had acted contrary to thier own advice regarding debt ( we asked for every kind of help thier leaflets suggested and got turned down on the grounds that we had a managed loan) she replied...."oH!" and with a few more mumbles said thank you and hung up. the letters they sent were obviously put together in a hurry because they were in the same envelope and consisted of: one option to make reduced payments on our managed loan account for the duration but reserving the right to amend the agreement at any time and all the while applying interest. Or a reduction on our present payments but more that the first letter. including interest and amalgamating the current account balance with the present managed loan balance. effectively a new managed loan, in which we would have paid them twice the original debt by the time its finished. they also sent us 2 shiney new debit cards which they took off us in August! Needles to say I have returned all the agreements and debit cards. I find it interesting though that as we followed their own advice to the letter at first, before we heared about being able to re-claim charges, as soon as I mentioned serving papers at court.................they offer us a carrot. I can only assume it is to try to cover their mistakes! Anyway, recived notice of service today and their 14 days is up on 14th DEC. I will carry on reading various posts to glean more info on what happens next........But any more input from the experts will be welcome!

No.......................I hav'nt got a debit card anymore!...........HSBC took it away!

well I've done it now! .........Filed my N1 today. I do hope it's not £120.00 wasted. Apparently in my area (S.Wales) they have had so many claims of this nature that "if it does go as far as a hearing, It will probably not be held at my local court as they have designated a judge at Cardiff court for such cases!" I wish I could have claimed on-line though.......at the moment they are unable to process the claims for 10 days on average because of the backlog and sheer volume!

Thanks Michael, I have copied the info for filling in the N1. Is there any 'legal speak' I need to include in the breif details section on the front, or is it just a general statement? And 3 copies of my charges schedule?

Ok.. so now I have to take my claim to court. It is a joint account, so do we both have to fill in the N1 form. I,ve had to wait a wile to get the £120 together:cry: all advice welcome!

Has anyone recieved any money from hsbc after an offer to settle? I have heared nothing from then since and so i think it will have to go to court even though I accepted (conditionaly). Are they waiting for my next move?

Thanks for reply jo5eph, I gave HSBC 7 days to respond to my request and said that I would settle upon reciept of funds..............Nothing yet though.........7 days up to day. Do you think they will be tied down to a timscale or will do things in thier own time? I,m wondering now if I,ve done the right thing! I don,nt want to go to court unless I have to!

So the TV is now yours..............the sat nav is twice the price over a 3 year period....... and should the tv need replacing after the warranty period............the only place you/we can aford to get one is from them........and so it continues................... Basically, they are generating more sales by keeping you trapped. In the same way it seems to me as credit cards do if you only make a minimum payment. Can't be right can it? Thats why I asked the question!

Thanks for the reply Julie, Does your company add the balance of your account to the any new purchase or is each item a stand alone agreement? As I said, we are not in arrears, but out of necessity we have had to make further purchases before the previous purchase has been paid off. As they then put the balance on the price of the new item, the cost of say a £300 washing machine becomes very expensive. Yes, a rebate is given off the original debt for early repayment, but then then interest is calculated for the new debt which can be twice as much and over a longer period. I just wondered why, as is my understanding, that they can no longer calculate the debt over a longer period and how by deliberately going into arrears with them, they would be able to reduce the payments.

Hi all, Since joining this site I have been taking stock of all the stuff we have had on credit in the past. I was wondering if anyone knows anything about coin operated tv rentals. These people get all thier trade from the less fortunate in our country and as with all these things things get out of hand. You start off buying a tv and pay per view for your tv via a £1 meter. the more you owe, the less tv you get for your £1. The origional price of the item you buy is higher that that of high street stores ( about the same as catalogues). Since delving into the world of credit etc. due to the setting up a DMP, we wanted to include the debt under the plan but as we were not in arrears with the company we could not. We approached the company with a view to reducing the payments but they said that the only way they could do this is if were fall into arrears. The debt has grown because under the same system they allow you to purchase from them other houshold items such as washing machines etc. and when we needed replacment for these items, it was the only way we could get them due to financial reasons. to cut a long story short, we discovered that they no longer operated thier system as they have in the past because they were not allowed to. It used to be that they took the balance that was left owing for say.. a tv, added this to a new agreement for a new item and calculated the amount as a new HP agreement. Apparently they can no longer do this, and I wondered why. Is it a case that they have been acting unfairly/unlawfuly? and if so can money be reclaimed.

I have just posted on the Hsbc section of the banks offer of £2000. The loan I refer to is a managed loan. Your right of course.. had the bank not levied so many charges, I probably wouldnt have needed it!

Hi all, Hsbc has made me an offer of £2000.00 2days after LBA 14 day period expired. They have given me 10 days to respond. the reason for thier offer is that they are mindful of the costs involved defending the claim should it proceed to court. ( though they are confident they will win if they do)! They have sent a form to claim the money in the form of a statment that the claim has been settled. I assume from this offer, that should I proceed to court for the full sum of £2,880. that they think I will win. However, £2000 is a good offer. But now I have another problem. They wish to cridit my HSBC account with the offer within 7 days of recieving the signed statment. But I want the account to be closed. We have a DMP in place and because the offered payment to the HSBC is less than the agreed monthly payment, they have not closed the account as we have requested them to, but are debiting the account for the monthly payments of our loan account from it. As the amount of the DMP is not enough to meet the payments they are applying a recall charge of £30 per month plus interest to the account. As this has been going on for a few months, the overdrawn balance on our current account is now £750.00. We believe they have not closed the account in order to keep applying charges, as if the account is in debit it cannot be closed. Are we right? We have written to them to accept the offer under the condition that the account is closed and are prepared to accept that some of the money is used to pay off the current account balance ( less charges & interest) so that it can be closed and have asked that the remainder be paid direct to us by cheque. We think that the banks offer to pay directly into our account is designed to ensure that they still have control and will demand that the money is paid off our loan, so that they do not have to accept the DMP. Our thinking is that if the current account is clear of debt, there is no reason for them not to accept the DMP. Do you think they will go for this? Also, as they have accepted payments into the account under the DMP are they still able to say that they do not accept the agreement?

Hello all! more advice needed please. I have recieved a letter from HSBC and they say that their charges are fair and the OFT ruling applies only to credit cards. I have read in one section of this site ( can't remember which) that this is common. I am about to send the LBA letter to them but they are suggesting that I should take it to the next stage of complaint as per their internal complaints procedure. Should I do this aswell?

Scampjet v HSBC. more advise please! I have recieved another reply from HSBC stating basically that they are right and I am wrong. They are saying that the OFT ruling concerned only credit cards and that thier charges are justified. I have just dowloaded the lba template, but would like to know if there is anything else I should do before sending it and also, they say that I should continue to contact them via their internal complaints proceedure. should I do this aswell?

Hello everyone After a reading some of the posts over the past week, it really brings it home to me how much the banks are making out of people. I have calculated that I have paid £2399.00 since 2001. I have sent my preliminary letter and schedule of charges and recieved a letter this morning saying they will reply again within 5 days after making investigations. This falls within my 14 day deadline.............I suppose this means that they are taking it seriuosly!

Hello everyone After a reading some of the posts over the past week, it really brings it home to me how much the banks are making out of people. I have calculated that I have paid £2399.00 since 2001. I have sent my preliminary letter and schedule of charges and recieved a letter this morning saying they will reply again within 5 days after making investigations. This falls within my 14 day deadline.............I suppose this means that they are taking it seriuosly!