Jump to content


  • Tweets

  • Posts

    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
  • Recommended Topics

  • Our picks

  • Recommended Topics

Who has had Managed Loans?


ppauls150
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4391 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

you two do make me laugh really brightens up my day,i paid M/L off dec with getting a loan from direct line but i still want to claim all my charges back from this rip off bank i think i have right to my loan agreement if i have paid it off,at least with new loan i am paying it.

Link to post
Share on other sites

  • Replies 426
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

HSBC Fiddled

See the following extract from the guidance notes to the 2006 Act found on opsi.gov.uk. I'm not sure if this means that your currently unenforceable agreement may become potentially enforceable in April albeit upon an order of the court. Any moderators out there to help on this issue??

 

Section 15: Enforceability of regulated agreements

37. The 1974 Act provides that in certain circumstances where the requirements of the Act are not complied with in relation to regulated agreements or to security provided in relation to such agreements, the agreement or security is enforceable against the debtor or hirer only on an order of the court. Sections 127(1) and (2) of the 1974 Act give the court discretion whether to grant an enforcement order in those circumstances subject to subsections (3) and (4). Section 127(3) and (4) provides that a court shall not make an enforcement order (i.e. a consumer credit or hire agreement will be automatically unenforceable) where:

 

  • prescribed requirements in relation to the execution of regulated agreements (set out in section 61(1)(a) of the 1974 Act) were not complied with or a document containing all the prescribed terms of the agreement was not signed by the debtor or hirer;

 

  • the specific requirements imposed by sections 62, 63 and 64 of the 1974 Act in relation to cancellable agreements as regards supplying copies of the agreement before and after its execution and giving notice of the cancellation rights are not complied with. A cancellable agreement is an agreement which, by virtue of section 67 of the 1974 Act, may be cancelled by the debtor or hirer, essentially where oral representations about the agreement have been made to the debtor or hirer face-to-face before the agreement is made other than on the business premises of the creditor or owner or connected persons and where the agreement is not secured on land.

38. Section 15 repeals sections 127(3) to (5) of the 1974 Act (subsection (5) is consequential on subsection (3)), which means that a court will have the power to determine in its discretion whether agreements are enforceable in accordance with section 127(1) and (2) regardless of the breach in question.

Link to post
Share on other sites

Thanks Principessa,

 

I am not to worried because my most recent ML does not have my signature on it so i dont think there is any legislation that will enforce this one.

 

My ML also was made up almost entirely of charges and subsequent interest on a business account and I have had complete satisfaction by the refund.

 

I should never have had a ML

I would not have needed one.

I only had one to pay off the charges and subsequent interest.

I am so pleased that they b*****d up the agreement.

 

Now I want all the payments back ...almost £10k in payments with compounded interest it will be £23k plus.

Link to post
Share on other sites

Hi there

 

I also thought that this would only affect loans or credit agreements taken out AFTER the new Act came into force. They can't backdate it - that wouldnt be fair ie you took out a loan with a certain law and now the law has changed so the terms of your loan does too. My ML has 2 APRs on it and hence it is not executed properly because I dont know which one I am paying. Havent heard anything further from them so will be taking this up with the FSA along with the others.

 

Worth getting a mod to make this one clear!!!

 

Kind regards

Gemspan

Link to post
Share on other sites

I understand what you mean Gemspan but the Act is retrospective for the "unfair relationship" test between creditor and debtor - we really could do with some clarity from a moderator on the effect of this??

 

Also, anyone got any ideas on my other questions below??

 

Can anyone tell me if, when I do a S.A.R - (Subject Access Request) letter, I can also get a copy of the original personal loan agreement from 2003 (ie not the managed loan) and copies of my credit card statements that were rolled up into the ML? I can't view the statements on line anymore.

 

Also, another technical one - apols, I am currently out of the UK and my only address for service at the moment would be in Scotland. What does this mean for the choice of court of HSBC? Would it just go to their nearest court to head office? Does this affect me going back 6 years? Will I be limited to the Scots law 5 year limit?

 

 

P.

Link to post
Share on other sites

hi guys, been away for a few weeks on paternity leave :) (alittle girl) and i have mistakenyl sent a letter to try to negotiate with hsbc before the court date and forgot to send it direct to DG. DG have now written back to me and ask i dotn contact their cleint (fair enoguh - it was my honest mistake) but i have a new date set for 15th april and after goign thru it all in my time off im realyl very worried - as i think i may have screwed up my POC. as im tryign to get back ALL the ML, but really im just trying to get back the interest paid to date back... in reality they will just probably knock that amoutn off the actual amoutn left (which im happy for them to do) but am worreid my particulars are wrong and im exposign myself to some risk, as this looks 100% like we will definatley be in court...any suggestions?

HSBC BANK

** DECEMBER 2006 - RECEIVED CHEQUE FOR FULL AMOUNT!!!! ** £5967.00:)

LLOYDS TSB

**JANUARY 2007- RECEIVED CHEQUE FOR FULL AMOUNT!!!! ** £1340:)

HSBC BANK - Managed Loan/Interest

still chasing, have submiited claim thru MCOl - date sent to my local court - claim is going ahead Jan 29th 2008 :(

CURRENTLY CHASING

NATIONWIDE (WIFES ACCOUNT)

HSBC (managed loan)

others won:

CAPITAL ONE C/CARD (mine & wifes), :)

BOXCLEVER TV RENTAL, BHS STORECARD, BLACKHORSE FINANCE,HSBC PPI INSURANCE FOR SBL, PPI INSURNACE FO LLOYDS TSB LOAN,

Link to post
Share on other sites

I have a managed loan!!!! It is without doubt the bain of my entire life!!:mad:

When I was a student 5 years ago i went overdrawn on my overdraft by £1.18p I subsequently recieved a phonecall from hsbc saying you have to put that money in the account to stop any charges coming my way (did i mention this was at christmas?) So i went to the bank and paid in a tenner and evrything was fine.......or so i thought......... on the 23rd of december I recieve a letter from HSBC demanding the immediate repayment of my overdraft all £2500 of it!

 

I was a student and was immediatly scared by the prospect of having to pay that amount of money back ...1, i didnt have it! 2, my family couldnt help me! I immediatly went to the branch I was with and suddenly I was crying to this complete stranger!!sobbing what am I supposed to do?

 

She then goes on to tell me my next loan payment for university will be siezed from me leaving me unable to pay my rent and university fees. Obviously I couldnt cry anymore because I was in complete shock. As ridiculous as it sounds I am uneducated with money and any sort of bank policies.

 

When the bank representitive eventually told me no need to worry you can pay it back slowly and we wont take you university fees I thought I had died!! or she was at least doing me a massive favour because she felt sorry for me!!(the crying had worked!!) She sold me on this great policy that wont effect me in the slightest all ill be doing is paying back my overdraft early bit by bit (£100 per month! for 25 months to be precise, also according to her this was the smallest amount accepted by the bank for my situation) So i gladly accepted not fully understaning what i was getting my self into.

 

So i ran into trouble with this stupid loan 2 years in and was forced to reduce my payments due to charges being applied and what not. And now 5 years on I am still paying it off. So far I have that calculated I have paid HSBC around £6000.

 

Can someone tell me if thye think this is fair? I certainly dont, at one point I was averaging £100 of charges per month for this thing that I should not have!

I also found out from my friend who recently took a job with HSBC that a managed loan is a very english way of saying BANKRUPT!

 

Somebody please give me a solution! this is 5 years of worry pain and stress that i could have done without.

Link to post
Share on other sites

hi all, has anyoen managed to give my earlier post on 7th march a look - give any advice or feedback - as im countign down the days to april 15th - and really need to get my POC sorted before the court date, and i think DG know that i have messed this up (kindof) and thats why i want to adjust my POC - if i can, and just claim back the itnerest - any help appreciated. Pete

HSBC BANK

** DECEMBER 2006 - RECEIVED CHEQUE FOR FULL AMOUNT!!!! ** £5967.00:)

LLOYDS TSB

**JANUARY 2007- RECEIVED CHEQUE FOR FULL AMOUNT!!!! ** £1340:)

HSBC BANK - Managed Loan/Interest

still chasing, have submiited claim thru MCOl - date sent to my local court - claim is going ahead Jan 29th 2008 :(

CURRENTLY CHASING

NATIONWIDE (WIFES ACCOUNT)

HSBC (managed loan)

others won:

CAPITAL ONE C/CARD (mine & wifes), :)

BOXCLEVER TV RENTAL, BHS STORECARD, BLACKHORSE FINANCE,HSBC PPI INSURANCE FOR SBL, PPI INSURNACE FO LLOYDS TSB LOAN,

Link to post
Share on other sites

Hiya Nerd, welcome to the HSBC forum you will probably be wise to start your own thread heres the button

newthread.gif

 

I have a managed loan!!!! It is without doubt the bain of my entire life!!

This is common welcome to the club :rolleyes:

 

When I was a student 5 years ago i went overdrawn on my overdraft by £1.18p I subsequently recieved a phonecall from hsbc saying you have to put that money in the account to stop any charges coming my way (did i mention this was at christmas?) So i went to the bank and paid in a tenner and evrything was fine.......or so i thought......... on the 23rd of december I recieve a letter from HSBC demanding the immediate repayment of my overdraft all £2500 of it!

The not so tender trap :rolleyes:

 

I was a student and was immediatly scared by the prospect of having to pay that amount of money back ...1, i didnt have it! 2, my family couldnt help me! I immediatly went to the branch I was with and suddenly I was crying to this complete stranger!!sobbing what am I supposed to do?

 

She then goes on to tell me my next loan payment for university will be siezed from me leaving me unable to pay my rent and university fees. Obviously I couldnt cry anymore because I was in complete shock. As ridiculous as it sounds I am uneducated with money and any sort of bank policies.

 

When the bank representitive eventually told me no need to worry you can pay it back slowly and we wont take you university fees I thought I had died!! or she was at least doing me a massive favour because she felt sorry for me!!(the crying had worked!!) She sold me on this great policy that wont effect me in the slightest all ill be doing is paying back my overdraft early bit by bit (£100 per month! for 25 months to be precise, also according to her this was the smallest amount accepted by the bank for my situation) So i gladly accepted not fully understaning what i was getting my self into.

What a kind lady she was :eek: and oh what big ears and teeth she had (sorry for the panto but you did say it was Christmas :grin: )

 

So i ran into trouble with this stupid loan 2 years in and was forced to reduce my payments due to charges being applied and what not. And now 5 years on I am still paying it off. So far I have that calculated I have paid HSBC around £6000.

Are you seeing the pattern yet?

 

Can someone tell me if thye think this is fair? I certainly dont, at one point I was averaging £100 of charges per month for this thing that I should not have!

No its not fair but it is legal.... just

I also found out from my friend who recently took a job with HSBC that a managed loan is a very english way of saying BANKRUPT!

Well an HSBC employee would think this, a managed loan should be managed... to help you out of a problem they never are and all of the banks make horrendous profits out of people who are in financial difficulty.

 

Somebody please give me a solution! this is 5 years of worry pain and stress that i could have done without.

 

The solution;

 

Read the frequently asked questions section and the step by step guide.. get copies of all of your statements for everything including the accounts that were rolled up into the loan and work out exactly how much of that was charges before the loan started, then work out the charges you have had since

 

Ask for it all back :grin:

 

pete

Link to post
Share on other sites

bump - anyone?

HSBC BANK

** DECEMBER 2006 - RECEIVED CHEQUE FOR FULL AMOUNT!!!! ** £5967.00:)

LLOYDS TSB

**JANUARY 2007- RECEIVED CHEQUE FOR FULL AMOUNT!!!! ** £1340:)

HSBC BANK - Managed Loan/Interest

still chasing, have submiited claim thru MCOl - date sent to my local court - claim is going ahead Jan 29th 2008 :(

CURRENTLY CHASING

NATIONWIDE (WIFES ACCOUNT)

HSBC (managed loan)

others won:

CAPITAL ONE C/CARD (mine & wifes), :)

BOXCLEVER TV RENTAL, BHS STORECARD, BLACKHORSE FINANCE,HSBC PPI INSURANCE FOR SBL, PPI INSURNACE FO LLOYDS TSB LOAN,

Link to post
Share on other sites

Sorry pete you got kind of lost in the traffic there for a bit........

 

but really im just trying to get back the interest paid to date back... in reality they will just probably knock that amoutn off the actual amoutn left (which im happy for them to do) but am worreid my particulars are wrong and im exposign myself to some risk, as this looks 100% like we will definatley be in court...any suggestions?

 

Why not just re-jig what you actually want to claim for - then ask the court about submitting amended POC - probably cost you to alter them but depends on how exact you want to be, I suppose. Then let DG have a copy of the amendments.

  • Haha 1

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

just read email from hsbc about interest on my managed loan which i paid off 18/12/07so sent email saying as it's all paid off i would like my original agreement and also my mortgage deeds as that is paid in full they cant keep them can they.sorry not been able to answer forums as i have trapped nerve in my arm which is very painful,happy Easter to you all.

Link to post
Share on other sites

I would follow the e-mail up with a(recorded delivery) letter asking the same things Andena, - just in case your e-mail gets 'lost' or 'mislaid' :rolleyes: .

 

That way they should reply in writing and if the reply is not what you want you can take it on from there.

 

Hope your arm gets better soon -it's an excruciating pain isn't it?

 

Hope you have a happy easter just the same.......:)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Thanks for that i will do that later maybe get hubby to help me kept copy of everything i dont trust them one little inch,i have kept bank account open as i want to check old statements for my Council Tax as they say i owe £168 to them so get proof of that and go and see them next week no good phoning as they dont listen.you have got to see them face to face but when i went into pay my M/L OFF i lost my temper when they added more interest on but i will get that back with luck bit worried about my aunties money in HSBCas she has thousands if they go belly up she will only get very little as she has more than they would cover,

Link to post
Share on other sites

I can 't see HSBC going belly-up andena - even after all their shenanigans last year they still made 12.2 billion profit! - It's only the illegal charges you have to look out for.........:D .

  • Haha 1

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

  • 1 month later...

I owe £9k, I pay £150 then they put £90 of interest on so all im paying is £60 per month. When i asked if i could get a nmoral loan to pay the ML off they told me to "do one"!

God i hate HSBC

Link to post
Share on other sites

Did they tell you that in writing , on the phone, or face to face cfcboy? :)

 

They really are the pits aren't they........?

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Hi Johnnymitch,

 

It was face to face, i wanted to see the whites of thier eyes instead of fobbing me off over the phone. I booked an appointement and went for it.

As stated in the other ML post, it was totally soul destroying, i had no help or advice whatsoever. It was like - you owe the money so pay it, you knew the interest is high so pay it.

Link to post
Share on other sites

im hoping that doesnt happen with my face-to-face at my local branch. i've been fobbed off many a time through the e-messaging system (bag of ****e) on the website and in numerous phone calls

 

they told me that if i saw my bank manager they could asses me on an individual basis and might be able to help.

HSBC charges WON (april 07): £1,103.00

HSBC PPI WON!!! (July 2008): £1,166.00

HFC PPI WON!!! (August 2008) £2,100:D

March 09: failed the fight to write off HSBC Managed Loan due to non compliance of SAR! after they finally produced my signed loan!

August 10: Fighting TBI for disputed account due to the fact they can't produce my signed loan copy.

Link to post
Share on other sites

OK cfcboy , I just wanted to get you and bb23 on the same wavelength - I think you've a lot in common when it comes to managed loans ...:) You can probably help each other here........

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

i really hope so :)

HSBC charges WON (april 07): £1,103.00

HSBC PPI WON!!! (July 2008): £1,166.00

HFC PPI WON!!! (August 2008) £2,100:D

March 09: failed the fight to write off HSBC Managed Loan due to non compliance of SAR! after they finally produced my signed loan!

August 10: Fighting TBI for disputed account due to the fact they can't produce my signed loan copy.

Link to post
Share on other sites

  • 3 months later...

hi all. im a newbee here.

 

I have noticed a lot of problems with the HSBC managed loans.

 

however I currently have a managed loan for 15930.00 @ 0% APR paying £134.00 monthly and have been doing so for a year now. It states that that they could revert payments to 216.64 (13.5 % APR) as outlined in the credit agreement due to the fact that the paymets of 134 are the capital element only, but its at their descression.

 

oustanding balance is £14,724.00:-D

 

they consolidated

£1000.00 Overdraft

Personal loan of £19666.20 Inc Intrest. (was 15000 loan over 5yrs)

Link to post
Share on other sites

hi all. im a newbee here.

 

I have noticed a lot of problems with the HSBC managed loans.

 

however I currently have a managed loan for 15930.00 @ 0% APR paying £134.00 monthly and have been doing so for a year now. It states that that they could revert payments to 216.64 (13.5 % APR) as outlined in the credit agreement due to the fact that the paymets of 134 are the capital element only, but its at their descression.

 

oustanding balance is £14,724.00:-D

 

they consolidated

£1000.00 Overdraft

Personal loan of £19666.20 Inc Intrest. (was 15000 loan over 5yrs)

 

 

I suppose that at least they get their money back this way.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...