Home, shot, from Afghanistan to HSBC/MCS/CDR - *** Received Court Papers***

[Castlebest]

Hiya Shotters, the first thing you need to do is work out how much HSBC have added to your debt in charges and interest on those charges and ask for it back. This should substantially reduce the amount you owe if not totally remove it.

 

You need copies of your statements to do this, if you don't have them to hand you will need to send off an SAR then follow the steps outlined here

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

best of luck

 

pete

[Castlebest]

Hiya shotters, if you have had no letters from CDR just ignore them until you do. the debt counseling charity would only be interested in setting up a payment plan you could afford so your better to attack the problem yourself.

 

I would write to Metropolitan stating you dispute the total debt as you know unlawful charges have been included within this sum and you are currently investigating the exact values.

 

Write the S.A.R - (Subject Access Request) to HSBC to get your statements.

 

And as this is a credit card debt yes send a CCA section 78 request letter to both Metropolitan and HSBC to see what documentation they actually have. this isn't an alternative route its a set of regulations that if they have broken you can add to your arguments.

 

here's the CCA thread. its massive but had loads of good info.

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

 

pete

[Castlebest]

Well it looks like you could have a problem with the correspondence your missing for the period you were in Afghanistan but I think the main thing to do is get your claim rolling as soon as possible to make sure the balance of your account is well and truly in dispute.

 

As far as a CCJ is concerned they would have had to issue proceedings against you in the county courts and without an address for you this would have been difficult and also pointless because they wouldn't have been able to enforce a CCJ against you if they don't know where you are.

 

Again with a claim against them on the table it will add to your defence if/when they do find out where you are and commence recovery proceedings.

 

If they have managed to get a CCJ against you in your absence, I think you should be able to appeal against it and have it set aside but you will have to wait and see what they send you when they learn your address.

 

pete

[Castlebest]

Well done shotters and good luck, any questions you have or anything you are not sure about just ask here and one of us will be along to point you in the right direction

 

pete

[Castlebest]

Its also useful with credit cards and loans to send a CCA section 78 request just to see what sort of contract they actually have for your account, its amazing how often this is showing they don't actually comply with the Consumer Credit Act and gives you so much more ammunition against them.

 

pete

[Castlebest]

In theory you only need to send one SAR to any company no matter how many accounts you have with them. The SAR asks for ALL information they hold about you so this will encompass both the account you knew about and this new number that has come to light.

 

Just drop them a line saying the new number that you were not aware of has come to light and you want this added to your SAR request.

 

pete

[Castlebest]

Hiya Shotters, Good to hear your on the mend

 

Johnny's letter covers most things, you will know what you need to edit out and what needs to stay

 

Also does the fact that I am unable to resolve my debt in dispute with HSBC because of the ongoing OFT test case mean that the debt will continue to be in dispute and thus unpursuable until this case is resolved, which wont be before a good six years has passed and this debt is unrecoverable - or is this just wishful thinking.

Unfortunately just wishful thinking The statute of limitations will effectively be suspended from the date of the dispute until the test case is resolved. In the eyes of the law you both know there is a dispute but there is nothing either side can do until the test case is settled.

 

They cant pursue me for something thats in dispute, and this will continue to be disputed until the test case is finished...?

Yes this is true

 

Also I have had a letter from HSBC which I had originally sent to CDRU saying that the fact they were unable to provide a copy of the credit agreement as per the CCA s.78 request was irrelevant - any pointers on how how I should pursue that one.

 

If I remember rightly your debt came from a credit card which is subject to section 78 of the Consumer Credit Act (loan agreements are too) if they are saying they cant provide the credit agreement it renders the debt unenforceable and they cant collect.

 

pete