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  1. Help please In a DMP but have received a CCJ claim form from Marlin Europe who bought a debt of HSBC (a marks and Spencer card) The DM company arent being much help at the moment and seem content to let a CCJ be entered against me value is 8k I have missed a couple of payments to the DM company What can I do - need to get my response off to the courts on Friday
  2. Hi guys. A quick bit of advice needed. I've put in two separate PPI claims to my bank, HSBC. One is for PPI on a loan I took out some years ago. The other is for PPI on my HSBC Visa card which I've had for a number of years. On both I have used the correct paperwork, had an acknowledgment and a promise to be back in touch/reach a decision within whatever the legal timeframe is. Today I have had a call from a HSBC bod asking me to clarify some points regarding 'the claim'. Now I don't really doubt he was from HSBC as a couple of light security questions were asked which confirmed both our identities. But I do wonder if I should be discussing the issue with someone from the bank over the telephone as it's obviously in their interest to trip me up and not payout. It wasn't convenient to speak at the time and he's calling again tomorrow. Your thoughts? Am I just being a little paranoid? And on the subject of paranoia, was he really from HSBC?
  3. Hi there I submitted a claim to HSBC for PPI repayments I made between 2004 and 2006. they have accepted my claim and offered me a settlement for the premiums paid and the interest paid thereon. They're calculations seem to add up for the actual period of the card but shouldn't there be a payment of interest for the period from end of agreement (2008) to todays date?
  4. Hi - received a Summons today from MKDP and POC claims that is monies due under a bank account facility but in fact was a First Direct Gold credit card! Can someone with more experience confirm we're doing right thing in sending CPR 31.14 for documents to claimants asking for copies of said bank account, original agreement, DN, TN and NoA that they intend to rely on? We're a little confused as to why they are stating it is a bank account when it was very clearly a credit card. We have statements from August 2008 (when the account was terminated?) t hat state it is a 'gold card statement' and looks exactly like a normal credit card one - with credit limit, etc. We're assuming that as it was a credit card they cannot take us to court saying it is a bank account?
  5. Hi All, Just want to make sure I am going down the right track here. Yesterday I received a claim form with regards to an old HSBC debt for just over £4k. I have already filed my acknowledgment of service stating I intend to defend all of the claim. Particulars of Claim reads as follow: The claimant claims the sum of £4000 being monies due from the defendant of the claimant under a regulated agreement originally between the defendant and HSBC Bank Plc. The defendants account number was xxxxxxxxx and was assigned to the claimant on xx/xx/2011, notice of this has been provided to the defendant. The defendant failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant of the Consumer Act 1974. The claimant claims the sum of £4000 plus costs. The claimant has complied as far as necessary with the pre-action conduct practise direction. My next actions now is to send the following CPR 31.14 request to MKDPLL. What I want to know is: Should I be asking for anything other than is stated in my CPR 31.13 request? (Agreement / default notice / creditors statement)? Should I consider sending a Section 77 Request, or is that just overkill? Have I missed anything? template removed - dx Thnaks in advance for any assisitance Flyboy
  6. Yesterday 16/10/13 i received 2 seperate claim forms from MKDP on behalf of HSBC. The debts as far as i can remember are from a credit card and an overdraft from accounts i had about maybe 6 yrs ago. MKDP say they were assigned the debt on 8/12/11. Now i admit that there was a debt that was at a time when i was going through a messy separation but i believe a major part of the debt were charges put on by the bank after i spoke to them to explain the situation and reqested time to pay. When the debt got bigger however i did ignore letters. Is it worth defending this claim as i really dont want to pay the charges/interest that were put on when things went bad. Also i have no paperwork i can refer to that shows the charges or the amount of the debts before i got into trouble with them. Hope someone can help me with this. Also it says i have 14 days to respond. Another thing im worried about is i will be out of the country for a few weeks (work) at the end of November, what happens if i miss some corespondance.????????? HELP
  7. Hi, I recently requested a CCA from HSBC for my credit card. They answered with "I regret the bank is unable to act upon your instructions for documents under Section 78 of the Consumer Credit Act 1974 for the following reason. .Missing signature " I thought i had read on a different thread that i did not need to sign it? Advice please
  8. I have a debt that is "almost" 6 years old. It's an old debt from HSBC that was bought up by Lowell and then passed on to Marlin. It was just coming up to the 6 year mark and I found papers on my doormat tonight from Northampton Court. My debt was due to hit the 6 year mark on the 25th of the Month and the claim was issued on the 4th. Does anyone know if the claim cannot be completed because its running over the 6 years or .. As I fear they got in just in time and I am indeed liable? The court form is legit, but there is very very little info on it. An HSBC account number (That I don't recognise). What's the best thing to do here? The claim was made by Restons on behalf of Marlin who bought the debt from Lowell, who in turn bought the debt from HSBC. Thanks in advance Gordon P.S. The debt was actually due in 04/05/2006 so it's over 6 years now but the default was set on the 25/10/2007. Does this make a difference?
  9. Hi, I have been with HSBC since I set up my student account. While I was a student, they were always nice and helpful, and were very keen to let me rack up debt with them with my overdraft and credit cards. My account has now rolled over into a normal current account a few months ago. Having had a change in my personal circumstances, and moving areas, I am now claiming JSA and looking for work. Recently I got through 3 stages of a graduate scheme for a large market leader in the hospitality sector, only to fall at the last hurdle. I am now in the recruitment process of applying to a grad scheme within the public sector, and the process is very long and drawn out. At the same time I am continuing to look for other work in the meantime. Part of the process is a series of bespoke online scenario tests, among other more standard reasoning tests. So it doesn't help when this arrives: Important information about your overdraft. The terms and conditions that apply to your overdraft state that you should make regular payments into your account when it is overdrawn. As a responsible lender we regularly review overdraft limits to ensure they are appropriate for customers according to their circumstances. As part of this process, we monitor payments you make into your account each month. When the credits to your account have been low in relation to your overdrawn balance, we will recommend an amount that we would like you to pay into your account each month. Your account was £1,847.50 overdrawn on 30 September 2013. We recommend that you pay a minimum of £740.00 into your account within the next month. This will help ensure we can continue to offer you a formal overdraft facility at its current level. Should you have any queries on this or if there is any way we can help, please call us on....Alternatively, visit your local branch etc.. Yours Sincerely Sarah Threadgould Head of Customer Communications I have never gone over my agreed overdraft, and am desperate to get off the dole into work. I visited my local branch and was told because I have stayed within my limits that I shouldn't worry about my overdraft being cancelled, but that it couldn't be dealt with it in branch, so I would have to call. Before my account was to convert to a current account I entered the branch and was told not to worry about having to have a certain amount going into my account, as that only applies to new accounts. I haven't called yet, as I am waiting to get in at my local CAB (it was hectic there this morning, so I went straight into the branch). I also thought it might be wise to post here for advice. Can anyone advise? Many thanks!
  10. Hi everybody, I wonder if I could get some advice on my situation as I am not sure what to do next. I had an AIP approved with HSBC but then they declined the mortgage application due to a default on my credit. It was registered by Capital One in October 2008. In 2005 I had a credit card with them for £400. Unfortunately my financial circumstances became difficult after a bitter divorce and a move to another town. I started to pay only small amounts of money towards the balance and did not inform capital one of the change in address thus I never received a default notice by post. The account was passed to CapQuest. As a result of a dispute over a credit agreement, CapQuest closed the account with no charge. Is there a way of amending the default on my credit score, who shall I be contacting, CapitalOne or CapQuest? I am willing to pay the outstanding debt. Is there any chance of a success if I appealed against the HSBC mortgage 'declined' decision? I have build up a good credit history over the years, scoring 991 with Experian, been loyal to HSBC for 18 years, have a sizable deposit (75%LTV) and can support myself on my income. Does it count with the underwriters or is the default going to be a deciding factor? Many thanks for any advice you can give me.
  11. Nicola19

    HSBC/Lowell

    Hi, i am hoping for some advice regarding 2 debts with HSBC. As i am aware from reading these forums i will be careful how much info i post regarding dates and amounts etc. 1st debt - credit card defaulted April 08 - £2300, i've paid bits here an there balance currently £2100 they keep threatening CCJ, door step collection etc. I tried to enter into a payment plan but they weren't happy with what i was offering so i just pay the odd amount here and there for now to keep them at bay. 2nd debt - bank account/overdraft - defaulted March 08 £600 - never had any contact off anyone, but i am sure as there is approx 6 months left before SB i know doubt will have someone chase me soon. What i need to know is how do i go about finding out how much of these debts are stupid charges, penalties etc as i want to claim these back, i don't have a problem paying any debt i have run up but when they add charges for the fun of it that i will not accept. If someone can advise what i should be doing next is SAR the best course of action? Thank you in advance!
  12. Hopefully I am in the right section. Just been talking to friend of mine who has been on JSA for a few months.Well of course,there has been a delay in contacting HSBC regarding their O/D,which I believe is about £150. They have now been in touch with the bank.The bank has told them that they consider the JSA and housing benefits to be income.They will be taking £60 from next months JSA and benefits,my friend explained that this their only income.I have told my friend that they cannot touch these payments. The bank also wanted to know if there was any gym membership payments,what payments were made to the dentist,who paid for the hairdresser,perscriptions,etc,etc. Am I correct in saying that the bank cannot touch the JSA and housing benefits. Regards,John.
  13. I was part of forming a company in company house in 04/2008. I was appointed as sectary and held 25 shares. After running the company for almost a year (we had HSBC business back account under the company name and I had access to the account) I had dispute with other partners. I resigned in 06/2009 as the sectary, filled letter of resignation to Company House and had the impression given from the bank that they will also keep their record in line with Company House. So I thought my access to the account will be cut off. But in fact that didn't happen. However after I left the company I didn't use my access to make any transaction to/from the account. And the managing directors assigned new sectary and one of the two managing directors was managing the business account. Now suddenly in 06/2013 received a call from HSBC, chasing me for the debt of £5k because my name was in the bank account. I told them I have noting to do with the company since 2009. Later I went to a local HSBC branch where we opened the business account, and I gave them a copy of my resignation letter to Company House and a postal address of mine to contact in writing. HSBC never wrote me anything. I also dug records in Company House and noticed, the company was struck and dissolved 08/2010. HSBC now passed the details to a debt collector named Buchanan Clark & Wells and they are chasing me over my work and mobile phone daily. Initially they sent me a letter saying want to discuss a 'private matter'. Searching on this forum and advice I ignored that letter and their calls. Now they sent me a letter with the amount of debt, their client HSBC and said, "Our clients have informed us that they are unaware of any legitimate reason for non-payment of their account and they would prefer an amicable settlement" Sorry for the lost post, but I believe its a business debt to a limited company; not personal debt, I disassociate myself from the company back in 2009 and didn't make any transaction to the a/c, and the company dissolved in 2010. Not sure how I am liable of such debt? Pls advise me on what should be my response to the debt collector? Should I continue to ignore them or explain what happened? Many thanks
  14. all Been a long time since I last was on here, here is my issue that is currently stressing me out as this company is not taking "No" for an answer and are now being very aggressive..... This alleged debt has been with a number of different collection agencies every time I send them the same old £1.00 postal order to get a copy of the alleged Credit Agreement every time with them saying "Oh we don't have it, go and get it from the original creditor". Now this lot started back in beginning of 2012 again I sent a £1.00 postal order and every month they came back saying "Oh we are still waiting for HSBC to provide us with it". Then all of a sudden when I advised them that they are in default of my request by over a year they then say "Oh it's not a Credit Agreement but a Bank Account". Erm ok I don't believe you because I do remember I had some form of credit because with the last lot of collection agencies in 2010 the balance is for the same amount with a different HSBC/First Direct Account Number...... Very interesting. when I made the £1.00 postal order payment to the previous collection agency for a copy of the alleged agreement they told me they "Didn't have it" so what did they do? Make it look like I made a payment to the account instead, good job I kept all the letters from that long ago to prove what the £1.00 was for. MKDP are saying it's a "Bank Account" now and not a "Credit Agreement" which I know for a fact what it is, but I am standing my ground here and have not admitted anything to them, I sent an SAR request posted signed for on delivery with a £10 postal order got a reply back yesterday what have they sent? Screen shots of payments made to the alleged account, no statements from the original creditor, no explanation as to how the debt came about as on the screen shots they sent over show a balance of £0.00 "LOL" and no Deed Of Assignment I have sent them an email over saying they have not complied with my request and will now await to see what other B.S they come up with. Finally in the letter you will not believe what I caught them out on and I pointed this out in the email, the balance they say I owe was originally £1381.86 it is now £1371.86 I think what they have done again to prevent it going Stat Barred is place the £10.00 postal order I sent for the SAR request on to the account to make it look like I have made a payment, they are in fact breaking the law and what also looks like committing fraud I would say. I am trying not to stress over this but would you guys think it would be best for me to make my SAR request directly to HSBC and advise MKDP that I have done so? As far as I am concerned this debt is in dispute and if it goes to court I will sue them for the amount of stress they have placed on me over the last 18 months. Any help guys would be totally awesome. Thanks All.
  15. It seems that the site has been down all morning which must be very frustrating for people who were paid today!
  16. Today I found out that HSBC has closed my current account and savings account (only funds in Current account really) without giving me any notice. My first clue was when I withdrew paypal funds as I do each week and it errored saying the bank account didnt exist. I went to internet banking HSBC to check and my accounts where not there. I called HSBC and they told me that my accounts had been closed but they could not tell me the reason why. This was bad enough but the problems I have are far worse and wanted to see if anyone had any advice.Ill explain. I am based in Bolivia and HSBC are/were aware of this (my registered details and address is in Bolivia although account in UK). I had around 16000 pounds in my current account and I needed to transfer some of that to Bolivia to pay various things (around 10000 pounds of it). The remainder was to be used to pay for some university fees and also a planned trip to UK in Dec. The only thing HSBC would tell me was that they would "probably issue me a cheque for the money". Apart from needing that account my immediate problem is that if they issue me a cheque it will probably be in UKP , and therefore useless in a Bolvian bank. I dont have any other UK bank account and as I am now resident in Bolivia will not be able to open one. Also , as I am in Bolivia I cannot countersign a UKP cheque to deposit into someone elses account in the UK. So thats the situation - anyone have any ideas how I might get this fixed? I am meant to be speaking with HSBC tomorrow and I want to ask them to do an international transfer for the full amount to me but Im guessing they arent going to be very helpful. I doubt they will send the money to my mothers account (also HSBC) with without some kind of signed document. I need this money fast or I will have to close at least one of my two businesses and that will mean 20 people will lose their jobs. Im trying to write this calmly but as you can guess im pretty angry and worried right now.
  17. having followed the correct routes and followed all correct procedure in relation to various complaints over charges ppi and dpa breaches, i am at a loss as to what i should do next. hsbc have deceived me and the fos service in every way they could possibly do so. contravened so many regulations and acts including the dpa this would possibly be worth contacting the media over. having gone through divorce and appointed a firm of sols who failed to deal with my divorce correctly they filed a divorce before ancillary proceedings had been dealt with thus leaving the house situation hanging. having raised section 10 notice with hsbc they ignore it and caused me two years and more worth of stress and financial detriment. i appoint a woman who claimed to be a barrister only to be defrauded by her and cost me even more money. reported this to the police and get no where with action fraud. attend a hearing of repossession about my house my state to a judge i would be able to clear the arrears in january, the cheque never materialized and subsequently the court accused me of contempt. i had to re approach the ombudsman and ask for a letter confirming what i was telling the court to be the truth, which thankfully the court accepted. cheque for my ppi never materialized and the house was repossessed, still received nothing even though the order was for January 2013. due to nature of my other creditors and complaints i have in with fos, they are still been dealt with. the fos have stated that my complaint is more related to the section 10 notice and hsbc breaking dpa on numerous counts to date, i should speak with the ico, they have done nothing in regards to addressing the charges they have applied to either my credit card and or my overdraft. i have now sought another solicitor who states they would have to charge again which i am reluctant to do. i had my legal aid revoked due to issues surrounding a complaint i raised the solicitor refusing to deal with my house and ancillary releif, he claims there was no equity or value in the house, and despite my showing the figures to verify this he still refused to deal with it. i have fought this for over 5 years now and cant carry on with it for sake of my sanity and the low it has brought me,so much so i have considered ending it all, but not before hsbc face the consequences of their actions in numerous ways. the following people should be ashamed of themselves: I forgot to add, i took the issue to court via the fraudster barrister/solicitor and after waiting months only to be advised by the courts there is no such form to apply for enforcement of an order i assumed it was an n232 form. i feel failed in every possible way by every authority going, and honestly following the rules gets you no where and resolves nothing.
  18. Since joining this site with regards to a debt company chasing me I decided to go through old paperwork I found Midland bank credit card statements from 03/94 to 07/97 where they had been charging me Cardholder repayment protector. I defaulted on this in 02/97 as I put my business into receivership. I told them I was out of work and the continued to charge me interest and late fees until the debt was taken over by a debt company. I then did a deal with them and paid it off over the next 15-20 years. What I now realise is they never offered to pay out on the protection they charged me. They just stopped adding it to the bill for the last few months but kept adding interest. What is the best way to go about claiming and what could I claim for? I was a director of a LTD company so in my opinion self employed? If not why did they not pay me when I was unemployed. Do I send a SAR letter or just claim against them for miss selling. Are there any templates I can use. Thanks Alan
  19. Hi all, After struggling for months to obtain amounts associated to six different PPI products with HSBC, I am after some advise. The first thing is, do I treat each of these as individual claims, or can I combine as one claim for the total amount? Thanks in advance.
  20. I have only just found the CAG forums and the the help they provide and unfortunately have to provide my defence by FRIDAY - 2 days time. Particulars of Claim The Claimant claims payment of the overdue balance due from the Defendants(s) under a contract between the Defendant(s) and HSBC Bank PLC dated on or about 06/03/2002 and assigned to the claimant on 20/02/2013 in the sum of 14331.37 PARTICULARS a/c no:- xxxxxxx DATE ITEM VALUE 08/05/2013 Default Balance 14331.37 Post Refrl Cr NIL TOTAL:- 14331.37 the solicitors doing this are Restons Solicitors Ltd of Warrington. I have been reading the forums for a few hours now and they seem to highlight some things such as the fact that the agreement is recorded as prior to 2006 so documentation requirements are more rigorous. I have also seen some wordings where people have highlighted the issue that it is impossible to defend such a vague claim for monies, but putting this into something that I can sensibly submit seems still a daunting task. All help is appreciated Thanks
  21. Hi Guys, Hope you can advise. Myself and my soon to be ex wife are getting divorced and as part of the divorce, herself is keeping the house and re mortgaging in her own name. She has managed to get the mortgage agreed and is in the process of sorting. However..... HSBC, who the mortgage is with, are allegedly holding a second charge on the house which relates to a previous company that was liquidated and a security on the property against the overdraft. The company that was liquidated was owned by us both, but was liquidated in 2009. As part of the agreement with the bank, the overdraft on the business account was secured against the house, we were aware of this. However, following the collapse of the company, HSBC issued a demand for the guarantee to be paid. Following weeks of negotiating, we offered a large sum of money IN FULL AND FINAL SETTLEMENT of the debt, with any charge being released against the property. This amount was accepted and paid. Now, they are saying the charge is still there and that "any monies not paid will be taken from any surplus when the mortgage is repaid" This clearly wasnt what was agreed, so what process/paperwork etc do i need to start to get this removed and situation sorted?
  22. Hey... just received notification from Northampton County Court in regards to a claim for £7k HSBC credit card balance. The card limit is £6k, plus there's interest and court/solicitors costs added. I've just sold an asset so currently have the funds available to pay up. I also have a number of other credit cards that I have stalled payments on for some time, but I don't have the funds to clear them all. Should I just pay the requested amount and get the case closed? Sorry if this question is difficult to answer without further details being provided. Many thanks.
  23. My Bank, (HSBC) has been negligent and mis-sold me an overdraft on the basis of funds coming from an investment which turned out to be a con trick the bank had said the investment was sound and actively encouraged me to run up a large overdraft knowing I only had a very small income- they were so desperate to get all of the funds from the investment deposited in their bank they advised me badly and when it was found to be a con trick, they placed a charge on my property to cover the overdraft and are now trying to repossess my home! I have complained to the FOS but they were biased in favour of the bank, so I complained to the Independant Assessor who said I`d been treated badly by the FOS and things had been done wrong and awarded a small amount of compensation- I believe things were done wrong as they were biased in favour of HSBC. Now the Bank is going for a repossession order for my property so I`ve been to see a solicitor today who`s told me I have a good case and may get legal aid but after ringing the legal aid line I was refused legal aid...probably because I`m not on any benefits! I can`t afford to take the bank to court myself as this whole fiasco has ruined me financially and seemingly I can`t get free help but surely there must be something I can do? Please help if you can as I feel so helpless and am at my wits end. I was at Court on 10th June for a Possession Hearing and put in a Defence and the Judge adjourned to enable me time to submit a fully pleaded defence and counter claim but I can`t afford a Solicitor to do this? The day before I was at Court in June, HSBC e-mailed me and offered to knock the amount they claim is owed down from £91500.00 to £59500.00 and no costs would be payable, provided I signed an agreement saying I wouldn`t take any further action against HSBC either now or in the future...I find this `offer` all very odd and feel I`m missing something that HSBC are worried about? Sorry for the length of this- can anyone advise me please as I`m due in Court again next week...thank you
  24. claim 1 week ago, holiday had to cancel with only 48hrs notice, confirmation of payment today. well done hsbc
  25. Hello, i was wondering if anyone out there would please be able to help me. I came into a problem which HSBC a few years ago - went over drawn and they decided to continually hit me with bank charges. It got to the point that they were adding on so many charges i more a less turned my back on the account as i refused to pay them as their greed went OTT. Now i have a £3500 debt sitting on my shoulders, to which £3000 of it is them adding charges and fees. This debt now sits on my credit file as a CCJ. I contacted the courts today to find out more on this debt as i really would like to start looking into getting a mortgage, so this i would like cleared ASAP. They advised the debt is with DG Solicitors, having looked on this forum i can see that they are part of HSBC, so i was wondering how do i go about getting the debt reduced if poss. I have no prior knowledge on how to tackle this kind of stuff so any help would be gratefully received. step by step guide, help to letter templates, general knowledge etc... PLEASE help me clear this greedy debt. All the best and kindest regards Aaron
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