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HSBC suspended repossession order


rdm2006
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Be ready with a fax application to the court at one minute past 4 asking the Judge too bar them for defending as they have not complied with his order ( Unless of course they provide the information.)

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Hi all

 

sorry not been on been busy lol

 

I have not had a thing yet from HSBC and i am also waiting with baited breath.

 

On another of my threads you will see that i have put in a claim with FOS for mis-sold Critical illness cover which was sold to me and the bank have provided a Financial Planning Review which was conducted in 2002 during my application for a re-mortgage to substantiate their claim that it was not mis-sold. This has been produced with lightening speed no need for major investigations etc.

 

Now at the end of this document it is clearly printed that they recomend a Mortgage Payment Protection Increase and a Critical Illness Cover increase. So is it just me or has anyone else spotted something wrong here?

Edited by rdm2006
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No takers then ?

 

Heres a couple of hints. :)

 

Where was this FPR when I complained that my Mortgage Protection Benefit (MPB) was incorrect in 2005? :confused:

 

Where was this FPR when I had to take them to court in 2006/7?, after all it is clear that they have held it since 2002 and as they have been able to produce it with very little effort during my claim for mis-sold CIC cover it was clearly available! :?

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Hmm, seems as though HSBC are playing silly b*ggers.

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I have been looking at the FRAUD ACT and i have highlighted the ones I believe to be relevant.

 

3 Fraud by failing to disclose information

 

A person is in breach of this section if he—

(a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and

(b) intends, by failing to disclose the information—

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

OR

 

4 Fraud by abuse of position

 

(1) A person is in breach of this section if he—

(a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,

(b) dishonestly abuses that position, and

© intends, by means of the abuse of that position—

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(2) A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.

5 “Gain” and “loss”

 

(1) The references to gain and loss in sections 2 to 4 are to be read in accordance with this section.

(2) “Gain” and “loss”—

(a) extend only to gain or loss in money or other property;

(b) include any such gain or loss whether temporary or permanent;

and “property” means any property whether real or personal (including things in action and other intangible property).

(3) “Gain” includes a gain by keeping what one has, as well as a gain by getting what one does not have.

(4) “Loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has.

Anyone think the same? Edited by rdm2006
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I think this bit would apply to a bank LOL (more than any other business)

 

(a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,

 

could do with someone in the legal know having a look

Edited by rdm2006
added a bit
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well, yes i suppose thinking on it......

 

Will have to read the post again, let it sink in to the old grey matter (which is now on serious go slow).....

 

But some of the points I can see applying to us....

 

Good thinking batman

 

There has to be something in there for you because getting evicted for being in credit is just not right

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Have you heard from HSBC yet

 

I think you have several points on the fraud point its just so hard against these big companies personally take each step at a time lets see what happens on the 16th what they produce

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After reading what the RBS did recently in the Sunday Times and from other forums there are quite a few in the same or similar position, I would not be at all surprised what any of the banks do behind closed doors.

 

Because I cannot remember back on this thread, did you ever send HSBC an SAR, because this is where many peeps have found inapropriate dealings on their account.

 

Just a thought!

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I did Tuttsi. but they failed to send all the info.

 

You may have read that i requested all info from FOS when my complaint was done. in this info was a note where the bank called us Habitual Overspenders. i then Subject Access Request'd the bank telling them that i knew about the note and as yet i have not rec'd it, but the court has now ordered them to supply it and other info :D

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I did Tuttsi. but they failed to send all the info.

 

You may have read that i requested all info from FOS when my complaint was done. in this info was a note where the bank called us Habitual Overspenders. i then Subject Access Request'd the bank telling them that i knew about the note and as yet i have not rec'd it, but the court has now ordered them to supply it and other info :D

 

Thanks RDM, I was just too lazy to go back and re-read the threads.

 

Although what I am going to say bears no relation to what you said above about a note that you were habitiual overspenders it reminds me of a paralel. My daughter was at private school and was being bullied by teachers and when we wanted to take her out of that school as it was making her very illl, the head said that she was a no hoper. My daughter is now in university studying animal sciences - so what do they know making these flipant remarks.

 

Tuttsi xx

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I think this bit would apply to a bank LOL (more than any other business)

 

 

After reading what the RBS did recently in the Sunday Times and from other forums there are quite a few in the same or similar position, I would not be at all surprised what any of the banks do behind closed doors.

 

It looks like you might have discovered a gold nugget there RDM.:D

 

Tuttsi, that report in the ST was a bit of an eye opener. Although I have followed the threads of Sparkie and Paul Wilton, to see it in print like that makes you wonder how widespread and what other ways banks have been pulling the wool over our eyes.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It looks like you might have discovered a gold nugget there RDM.:D

 

Tuttsi, that report in the ST was a bit of an eye opener. Although I have followed the threads of Sparkie and Paul Wilton, to see it in print like that makes you wonder how widespread and what other ways banks have been pulling the wool over our eyes.

 

 

Hi Citizen B, I to have been following Sparkies thread elsewhere and what I cannot understand is that the Police and any of the authorities do not seem at all interested in bring RBS to justice. Where is this going to end for them and how many more peeps have suffered at their hands with their underhand methods of creative accounting.

 

Tuttsi xx

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Anything from HSBC yet RDM

 

No Bona

 

but knowing them i will not receive anything until the 16th

 

CB Tuttsi How did sparkie go on, I lost my link to his thread and haven't read it for a while

 

do you have a link to the st article

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