TRACYFLYY v HSBC

[freakyleaky]

Have you applied to have the stay lifted? See the links in my signiture regarding stays.

[lateralus]

tracy,

you need to keep to this one thread so we can see the background.

ok, you said -

 

Hi I put in my claim last year it was just about to all go through the oft decided to take the banks to court. My court will not do anything now I have to wait til February 2008. Hsbc are contacting me asking for the money gave them my court reference number. Do you think there is a good chance of getting this money back? Is there anything that I should be doing. I have already gave my court bundle. Thanks tracy

 

 

what money are hsbc asking you for?

 

tell us what your letter says has a stay been granted or applied for?

 

as freaky posted -

Have you applied to have the stay lifted? See the links in my signiture regarding stays.

__________________

Oft test case: what this means for you

New forum for stays

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE

 

if dg is asking for a stay - you want to ask the court not to grant the stay -

if the court has granted the stay - then you want to try to get the stay lifted - read the threads freaky has listed there then get back with any questions.

 

keep asking on here and someone will help you

[TRACYFLYY]

Hi I was given 14 days but its too late isn't it.

[caro]

2 threads merged. Please stick to one thread.

[TRACYFLYY]

I have just received a final demand letter from HSBC. They have said that I have seven days to pay 982.42 immediately or it will go to the debt collectors and court. I have already got a court case going and i have applied for lift of stay. What can I do? Please help!

[maroondevo52]

Hi, Tracyflyy.

 

I take it, the account they are talking about is the one you have started to reclaim your charges on. If so have a look at Michael Browne's post on this thread number 50. There is a template letter there you should send to your Bank. Amend it for your own case.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/40840-mooshy-lloyds-tsb-3.html?highlight=Dispute#post590925

 

Regards.

 

Scott.

[TRACYFLYY]

Thank you very much it was stressing me out I will do that tomorrow.

[Castlebest]

Hiya Tracy, they did that to me too you can see my letters in post #213, 314 and 319 of my thread

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85633-castelbest-ii-return-claims.html

 

I'm just comming up to a stay hearing so I used HSBC's letter as proof of their intentions rather than writing back to them but Michael's letter looks good as they always are .

 

pete

[Catlover64]

Hi - I had the same letter from HSBC. Didn't get stressed, just sent them a snot-a-gram fax telling them the account was in dispute and they weren't getting a red cent from me until case resolved. They sent the matter on to MCA (HSBC's in-house Rottweilers), who also were sent away with a king size flea in their ear and told to Foxtrot Oscar via Recorded Delivery. Haven't heard anything more since....

 

In short - Don't worry. This is standard scare tactics/company bull . Just send your letter as Michael says, and you'll be OK.

[TRACYFLYY]

A year ago I took action against the banks. Charges have mounted up as you can image over a year. I have two bank accounts one which is healthy with hsbc and the other which obviously isn't. The reason for this is I neglected the account cause I thought I was going to get my money back and the other is my payments account with working family tax credits going through.

 

Recently I got a letter stating that i was going to go to court and bailiffs were going to get involved. So I sent them a template letter from here and told them that if they pursue this action then I would get them done blah blah blah I got paid working family tax credit and child tax credit I have five kids and they have froze my account and I can't get access to my money cause when i went to the cash point machine my card was taken from me even though I had £550 credit. This is money that is needed please help! I have asked for a lift of stay two weeks ago and heard nothing.

[freakyleaky]

when did you discover your bank account had been closed? What reasone have he banks given you for closing it?

The first thing you need to do is to open another account into which all future payments can be paid into.

In the meantime you must contact the bank and ask for an explination as to why the account was closed.

Have a read of this thread.......Right of Appropriation - Stop the bank from taking your money

 

 

 

 

 

 

 

.

[Audreygreeneyes]

Tracy you also need to write to the OFT & FSA adn inform them of this. oh yeah and the Banking ombudsman.............

 

As these are benefit payments, mightbe worth contanct them and telling them this account is now closed and am not sure but theymight just be able to recall the payments..........

 

You must inform the tax credit and child benefit people immediately. they could send you out payments by giro until you get a new account......

[Audreygreeneyes]

have a l;ook at this thread Tracy might help you a bit more

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/116566-success-l-via-hardship.html?highlight=hardship+claims

[freakyleaky]

If for any reason they won't send the payments by giro the open another account. Before writing to fsa, oft and banking onbudsman, contact your bank and ask why they have frozen your account. Explain to them that the funds in this account comprise solely of benefitts and that you want imediate acsess to your money or you will be complaining to the Banking onbudsman, fsa oft ect.

[TRACYFLYY]

they never told me that they were freezing my account they just said that if I don't pay the money back within 7 days then they will be contacting bailiffs and I will get a default also going to court. I am taking them to court. I have just been going by the guidelines on consumeractiongroup following them accurately and bang Im in trouble. I have asked for a lift of stay the reason why they have froze my account is because they have asked for payments in the bank account and I have told them that I am taking them to court and sent all these templates from consumer action group.

[TRACYFLYY]

I forgot to mention I have 2 accounts with hsbc one for direct debits and the other was just for normal day to day living. The normal account for day to day living was mounted up to overdraft because of bank charges. I have not touched this account since march 2007. I opened another account with alliance and leicester about a year ago.

[rory32]

I think the first thing to sort out is getting some money. I would try and sort out a hardship loan today and get it issued via a giro from your jobcentre so you can cash it at a post office.

 

Then I would take the right of appropriation letter to your bank and demand that they release your money to pay essential bills (example below)

 

Dear Sir/Madam,

 

Bank Charges and Benefits and the First Right of Appropriation

 

ACCOUNT NUMBER: xxxxxxxxx

 

I am writing to you following several charges debited from my account totalling £xxxx on (date).

 

Bank charges are unlawful penalties for breach of contract. However, the bank or building society is only allowed to charge you what it costs to cover their administrative charges. If they charge you more than this, you may have a legal right to get back the difference.

Notably, and in my instance, if the income in an account comes from benefits, they are also contrary to the legislation relating to benefits. If the income is from incapacity benefit, job seekers allowance, etc , they are contrary to section 187 of the Social Security Administration Act 1992. The working of this Act comes under the Treasury and the Department of Work and Pensions, respectively and are quoted below for your immediate attention.

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

 

When you open an account with a bank or building society and use their services, you are entering into a contract. The law says that the bank or building society must carry out its business:-

• with reasonable care and skill.

 

If the service is unsatisfactory you may be entitled to compensation if the contract has been broken. I believe that there has been a breach of contract as I feel your organisation has failed to handle my affairs with reasonable care and skill.

 

This failure on your behalf has caused me a great deal of hardship. I am left with no means to pay the rent/bills due to the unauthorised amount now outstanding. The incoming amounts due to be deposited into my account next week will only clear the amount outstanding leaving little if any to pay the rent, for housekeeping or utility bills such as gas.

 

I ask for a little compassion and request that the benefit amounts totalling £xxxx, debited in order to pay for your default charges, be refunded by return.

 

I am also writing to inform you that I am due to have the following payments made into my account:-

• Tax Credit payment of £xxx on xx/xx/xx
  
• Child Benefit payment of £xxx on x/xx/xx
  
• Incapacity Benefit payment of £xxx on x/xx/xx

Totalling £xxxx,

 

I wish to use my first right of appropriation for this money, for the following purposes;

Rent £xx

Utilities bills £xx

Housekeeping money £xx

I will withdraw the money on the day that it is deposited for the above use, and I would be grateful if you would ensure that any other payments out of my account do not interfere with this withdrawal.

 

Yours faithfully,

[rory32]

As you have been unsuccessful getting the stay lifted, have you contacted the FOS? They are still supposed to deal with cases of hardship.

[rory32]

I opened another account with alliance and leicester about a year ago.

You need to start getting your benefits paid into this account (assuming that everything is okay with this account). Also, if you give A&L your HSBC account number and ask for the DD's to be transfered over to your other account they'll do that for you.

[TRACYFLYY]

Thank you very much for your help

[rory32]

You're very welcome Let us know how you get on.

[Audreygreeneyes]

thats what i was hunting for last night rory and could I find it..............lol

[freakyleaky]

Its in the templates library!

 

Thanks Rory!

[Audreygreeneyes]

you would think I oqwuld know that by now!!!! and good morning freaky:):)

[TRACYFLYY]

I wrote on here a while ago stating that I had got this letter and I was going to get a default and bailiffs where going to get involved. You told me to print a template off and send it to D & G solicitors and HSBC. They have completely ignored my letter and when I phoned them today they told me I have 24 hours to pay some kind of payment. They also told me there won't be waiting for February they have asked for a lift of stay. Why do they know something that I don't I paid 30 pounds today I feel that I am loosing.