Is this a standard or dodgy CCA request reply from HSBC?

[underdog13]

Natwest online banking won't let me cancel my DD for my loan, either, and they took the funds out of my overdraft, driving me further into debt! Seems they're a law unto themselves My sympathies lisaf.

[underdog13]

Hi Lisa

From what I understand they are only supposed to take payments (offsets) from accounts that are in credit; so it seems your lot at least are adhering to the rules. Couldn't believe it when I saw Natwest had pushed me further in to debt! Some interesting info given to me by enamae:

 

banking: firms' right of 'set off'

 

in particular;

 

 

The basic position is that a firm has a right – but not a duty – to look at a customer’s overall position and to ‘combine’ the accounts held by that customer. This is sometimes called a right of ‘set off’ or a right to ‘combine’ accounts. A firm has this as a general right, whether or not it mentions the right in the account terms. So, in the examples above, the firm can transfer money from an account that is in credit in order to make payments due on another account. But it does not have to do this.

Certain conditions must be met before the firm can exercise its right of ‘set off’.

The account from which the firm transfers funds must be held by the customer who owes the firm money.

The account from which the firm transfers the money – and the account from which the money would otherwise have come – must both be held with the same firm.

The account from which the firm transfers funds – and the account from which the money would otherwise have come – must both be held in the same capacity by the customer concerned. So, for example, if Mrs C holds a savings account in her capacity as treasurer of a local society, the firm cannot take money from that account to pay Mrs C’s personal credit card bill that she normally pays from the current account she holds in a personal capacity.

The debt must be due and payable. For example, if a customer misses making a loan payment, then (at least until it calls in the loan) the firm can take only the missed payment – not the balance of the loan.

 

Best of luck with everything, Lisa:)

[underdog13]

This is dynamite, Citizen B. I was never asked anything like this when I got my loan from the bank. Just to check this is for personal unsecured loans?

I received what appeared to be properly executed documents, well it had the terms anyway, I was just going to roll over and take a second job (if I can find one) to pay them. Think I'll be sending a SAR

 

What outcome did you achieve, CitB, when you proved their error?

[underdog13]

God how annoying:mad: I'd kick the butt of the person in the wages dept if I were your other half. I take it you've moved any remaining funds into your new account?

[underdog13]

So sorry to hear you're having a bad time; my thoughts are with you. I'd have a drink or some choccie (whatever's your fave indulgence), if I were you and kick back for a while.

Hope things improve for you soon.

[underdog13]

There you go - things are looking up already;) I know how you feel; I think most us feel overburdened sometimes when everything seems to go wrong. Enjoy your weekend, recharge your batteries and come out fighting on Monday:)

[underdog13]

Hi Lisaf,

 

here's a nice little quote from one of viscount stair's posts on another thread that you might like to hit the DCA with next time they bother you;

 

"Do report them, to OFCOM as well as OFT

 

As an optional extra, here is a little speech to deliver:

 

You personally - as well as your employers - are committing a criminal offence against section 127 of the Communications Act 2003. The maximum penalty for making calls like these are a £5,000 fine, six months in prison or both. You personally are committing the offence and liable to these penalties, not just your employers.

 

They won't like it up 'em; they will not like it up 'em!

 

Section 127 is the nuisance calls provision of the Communications Act but it is drafted in quite wide terms."

 

Always get the caller's name and the name of the person who instructed them to call you, first; then hit them the above:D

 

Best of luck to you:)

[underdog13]

You're welcome. Glad to have been able to help a little:)