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HSBC just TAKEN money from my account-HELP


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Hi

I am in such a stress!!

Basically last month I wrote to all my creditors telling them i couldn't pay the minimum payments anymore what with one thing and the other and I cancelled all my direct debits so money would stop 'flying' out of my account and I could get back to an even keel. I contacted payplan and they gave me template letters to write to my creditors. I also sent a cca request to each of them in case things got a bit heated!!

 

Well now they have!! My current account is with HSBC, with whom I have an unsecured loan and credit card. I wrote to them about a month ago with the letters and they wrote back asking for my income and expenditure so i wrote back with that straight away and on payplans advice said that i was only able to make token payments of £1 until my circumstances change. I listed all my other creditors on there too.

 

I have heard on this site that HSBC just sometimes ignore the cancellation of one of their own direct debits. They haven't done this but they have taken out 75% of the loan payment!! There wasn't enough in on the actual day of the payment (29th) but today my husband transfered some money into my account for me to get out in cash (for food and other bills etc) so i did and then i get home from work and went on internet banking to see that now i am majorly over my overdraft because as soon as hsbc saw money go in they decided to just nab £234 of it!!!!! They haven't written back to me to say £1 isn't good anough and come to a different arrangement they just took it out!! CAN THEY DO THIS?

 

I don't know you see as I have asked for the CCA for the loan (i would be able to then check the t&c's) but they haven't bothered to send me that either and are now in default!!

 

I can't believe the cheek of them! I am now going to get charged for something i didn't agree to going out of my account!

 

I think they haven't got a valid CCA and are trying to get as much as they can out of me before admitting it!!

 

Can i get them to put the money back in? I was trying to be good and go about this in the right way and negotiate lower payments with them, i just can't believe they can do this! I haven't even paid my mortgage yet and a payday uk loan of £100 is going to go out of that account on the 18th (which i was going to put in a few days before) but if i do that now it will not even cover the amount that is over the overdraft and the payday uk loan payment will bounce and i will get charged heavily for that!!

 

I am sooo annoyed!! :evil:

 

Any help would be much appreciated.

 

Thanks

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Can't offer too much help but I would suggest initially setting up a new parachute account with a bank completely unrelated to any of your other debts - Lloyds did this to me over a credit card. I suspect they will keep doing this while you keep putting money in there

If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else

 

 

The PPI Saga

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Hi, i'm afraid they can do this, its in the small print of the agreement you signed when you opened the bank account.

What you you should have done before you embarked on all this, was to open a bank account with a bank unconnected with any of your creditors.

What you will find next is they will call in your overdraft.

I dont know anything about payplan, but CCCS can send you a list of banks and the credit card/ loan companies that are connected to so you can pick one where youre in the clear, when you have done this, have all your income paid in to this, and all your priority bills/debts paid out of it.

Then you can close your HSBC account. and reclaim all the unlawful charges they will have added to it.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hi

Thanks for your help. Yes i have just read the t&c's on their website! :mad:

 

I have another account with Barclays so I am going to use that from now on!!

Only problem is, I cab't close the HSBC account as I can't pay the £2000 overdraft!

 

I will just have to leave it stagnant for a while until I can deal with it. I will def claom back all the unlawful charges but it will prob only be around £600 (rough guess). If I start the reclaim for these charges i believe it puts the account into dispute. Does that mean HSBC can't ask me to pay the whole overdraft amount until the claims are sorted?

 

If this is so at least it gives me a bit of time too get back on my feet!!

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In that case make sure no more transactions occur on hsbc, send them an sar request, that will get you your last 6 years statements, and take your claim from there. If they make you an unacceptable offer, then you sue them, the claim may be stayed, either way it will drag out for a long time.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Also make sure barclays arent connected to any of your other creditors, otherwise you will have the same problem all over again

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Thanks Creditcardmug,

I will check tomorrow about Barclays although they are not obviously connected to any of my other creditors, i realise that they may be without me even knowing! :)

 

I will send an S.A.R to HSBC asap! Didn't want to start that yet but looks like I have no choice if I want to defend myself against these guys!!

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