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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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HSBC - Ever Increasing Overdraft


thesecret
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I have an overdraft with HSBC originally for £1000, which i have for 8 years.

In Nov 2007 i became unemployed and was approx £600 overdrawn.

HSBC continued to put charges on to my account resulting in the whole of 2008 going over the agreed £1000 limit.

All standing orders have been cancelled except my house insurance which is with HSBC themselves.

HSBC are now charging me a bank charge of £25, interest and a service charge totalling over £60 per month.

The balance is now over £2200.

I paid off £680 with a tax rebate but has returned to over £2200

I have now received a letter asking for payment in full which i cannot pay

I have not used this account at all other than paying in approx £900 in the last year which would of covered the original overdraft.

My overdraft facility has now been withdrawn.

What can i do?

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Hi thesecret, welcome to the forum :)

From what you say I gather that you are using another bank account for your day to day finances , which is good because it means that HSBC cannot get their hands on the money you need to live on .

I also gather that much of your 'over the limit' overdraft has been caused by these 'unlawful' bank charges...... therefore you need to start a claim process as soon as possible to reclaim these . The following link will get you started on this. Such action will put the account 'in dispute' which means that the bank cannot pursue payment, nor can they pass it to a DCA for collection .

So make sure when you send your S.A.R that they know you are disputing the levying of these charges...... send everything 'recorded delivery' so that someone has to sign for it . That way they cannot say they didn't know you were disputing the account.

 

Step by Step Instructions post OFT Test Case

 

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

 

Come back if you need further help with this ... someone will answer ... and we're a friendly lot on here ..:D

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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.

 

 

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Hi! Thank you for your response and information. I have just completed the access request. I may have to come back for help when they respond but just wanted to know does sending this request freeze the demand they are making as they have said if not paid in full in 7 days they will take action....just a bit worried.

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Hi again ts , - you have moved quickly, well done :)- when they get the SAR they should be aware that this account is 'ln dispute'. If you haven't sent it yet , make sure you tell them in writing so that there is no mistake about it......

 

Have they said what action they will take in 7 days ? If they're talking of legal action you should be able to mount your own counter-claim when you have a figure from your SAR documents. However , even if you haven't got an exact figure an approximation should suffice until you know for sure how much they owe you .

By all means come back and ask when they respond or, if you're worried ,before that...... there's lots of help on here for you .......

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

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Hi there!

My letter from HSBC informs me they will take me to debt collectors or solicitors and possibly court if I do not pay them in full. They have also requested I complete a buget planner.

I have sent my SAR today together with a cheque for £10.

I already have a completed budget planner. I will not send any thing to them until I get some thing back from the SAR and follow instuction from you if thats ok?

Thank you for your support, it is really appreciated.

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If your S.A.R - (Subject Access Request) has gone that's the main thing ts, :).....you've set the claims procedure in motion.

 

HSBC will huff and puff and threaten - you may get a letter from Metropolitan Collection Services which sounds ominous until you realise they are not a company, just a branch of HSBC using their premises and database, just different headed paper......:rolleyes:

If you do ,just write and tell them that this account is 'in dispute' and they are not allowed to pursue collection ........

 

Have a look at this link - it's interesting ........

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/125577-metropolitan-collection-services-action.html

 

But come back anyway if you need further help re your claim......may not be me, but someone will always answer on here ......... :D and thanks for tipping my scales .... :grin:

Edited by johnnymitch

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

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I had a similar problem, HSBC just kept adding charges to an overdraft and withdrew the facility

 

Ive been trying to get information from them for a while, now they stopped my payments, and are not replying to any of my letters.

 

V strange, I cant find out anything about the debt. I have to say out of all my debts they were the least accomodating, they even refused to cancel a standing order I had set up so it continued to make the amount OD rise.

 

They sent two of my loans with them to MCS, who couldnt organise that famous line in a place that makes beer. Eventually I told MCS to either get it right or stop contacting me, not heard a word since LOL

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Hi TS,

 

Is the Stayed claim is for a credit card case.

 

Are you the Claimant.

 

What chgs are on the a/c and what is the approx a/c balance.

We could do with some help from you

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Stayed claim is for HSBC im the defendant

Again not sure as to how many charges so i guess SAR them and get that knocked off the balance?

Account never frozen despite being in dispute over CCA agreement

Its at £4356 with a limit of £3700

 

TS

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You mention a CCA so I assume it's a credit card a/c.

 

In which case, why is it Stayed - there's no dispute that CCard charges are penalties.

 

SAR to get the chgs data if you don't have all the a/c state's. Then quantify the charges to make your counterclaim.

Edited by slick132

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Hi TS,

 

I've moved the HSBC posts here, so they don't confuse the BC/Goldfish/Morgan Stanley confusion. :confused:

 

:)

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Hi Slick

Its a Credit Card sorry forgot to add that.

Unenforceable credit agreement / application form recieved

The court stayed the claim as my defence was served on them, and no response received in relation to the defence from them

HMCS responded back with a letter advising that if i hadnt heard anything within 28days the claim would be stayed.

Nothing heard, claim stayed! Happy Days :p

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When was the Defence Filed at court.

 

I assume the court has made no Directions for the case, but please confirm.

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thesecret, you are in quite a perilous position :| Credit card claims from either side shouldn't be affected by the test case. You have been fortunate that the bank has been slack so far and the court has seen fit to stay their claim against you, however this could change at any time if the bank realise what has happened, trust me they may play dumb but they arn't :rolleyes:.

 

I would advise you to be ready when the bank apply for the stay to be lifted and be sure, if your account balance is more than your claim that you can lay your hands on the difference :cool:.

 

pete

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  • 2 weeks later...

Hi

 

I've been in the same state for 2 years and they've just passed me over to Metropolitan Collection Services who demanded a Payment Agreement over the phone or they would take me to court. I owe £1880 and i'm paying £30 a month £27 of which is going on charges and interest. I stopped using the account at about £1000 at their insistance that i was going towards Bankruptcy and had to do something. I engaged a Debt managment company which HSBC refused to acknowledge but accepted the token payment. After we ended up selling our house to attempt to clear all our Debts they refused a Partial Settlement of over 70%. I then began paying £30 for the last 18-20 months. They have refused to freeaze any charges etc throughout the whole period despite repeated requests.

 

My question is should i begin claiming charges back to stall MCS?

 

Thanks

 

Tony

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In 2005 I was made redundant. At the time I had an overdraft facility with HSBC for 5,000 and had used about 2,000, I was very stupid and wrote and told them I had been made redundant and was looking for work. They immediately withdrew the overdraft and demanded repayment of the 2,000 within 14 days. I managed to pay it back from my redundancy money, a few weeks later they offered me 200 if I closed my account which I did.

 

They are horrible and the worst bank I have ever had my overdraft with.

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Hi

 

I've been in the same state for 2 years and they've just passed me over to Metropolitan Collection Services who demanded a Payment Agreement over the phone or they would take me to court. I owe £1880 and i'm paying £30 a month £27 of which is going on charges and interest. I stopped using the account at about £1000 at their insistance that i was going towards Bankruptcy and had to do something. I engaged a Debt managment company which HSBC refused to acknowledge but accepted the token payment. After we ended up selling our house to attempt to clear all our Debts they refused a Partial Settlement of over 70%. I then began paying £30 for the last 18-20 months. They have refused to freeaze any charges etc throughout the whole period despite repeated requests.

 

My question is should i begin claiming charges back to stall MCS?

 

Thanks

 

Tony

 

Hi tony, welcome to the forum - in order to get the answers you want which are not mixed up with anyone elses' would you like to start your own thread please ........... just go to the top of the HSBC site page and click the 'New Thread ' button . you can probably cut and paste your query from here , or a moderator could transfer you ....

Thanks, :)

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

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  • 1 month later...

I'm confused with the prelim approach for repayment,

"I calculate that you have taken £1209 plus a further £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX ."

1209 is the total amount of charges but i dont know how to calculate the interest as it says not to add the 8% unless its a court claim.

Am i just being thick?

Thanks

TS

 

 

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Hi ts,

 

That letter seems to take into account the 'Advanced ' spreadsheet which calcuates the interest which would have accrued on the charges. This is not to be confused with the 8% interest which becomes applicable when the claim is lodged at court.

 

However , if you're using the 'simple ' spreadsheet, as I think most people do , then just ask for the amount which has been taken in charges at this stage.

Just say " I calculate that you have taken £xxx . xx in charges for the fees stipulated in the Schedule of Charges which I am enclosing with this letter"

 

Then print the SOC without the interest columns at this stage :).

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

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You're welcome TS :)

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

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  • 1 year later...
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Hi TS,

 

On what basis do you say the agreement is unenforceable.

 

Post the doc't if you want it checked.

 

Have you read Link No 5 in my signature.

 

:)

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  • 2 weeks later...

Hi Slick

 

Below are links to a supposed credit card agreement

 

http://i559.photobucket.com/albums/ss40/micallef_lynn/hsbcmaster000.jpg

http://i559.photobucket.com/albums/ss40/micallef_lynn/hsbcmaster0.jpg

http://i559.photobucket.com/albums/ss40/micallef_lynn/hsbcmastercopy.jpg

 

I have also had sent to me a load of photocopies of leaflets regarding changes to my credit card terms and conditions

 

Is this enforceable?

 

Thanks

 

TS

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