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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      If that was the reason then that is good news. The whole reason that being able to charge £100 for breaching private car park rules is because the law Lords decided in a celebrated case that the rogues had a legitimate interest in keeping their car park spaces available for all motorists . {parking Eye v Beavis]. However when the business is closed then there is no legitimate interest in keeping spaces free so to charge £100 is a penalty. As such any Court would automatically throw out the case  when he penalty charge is accepted.
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      Lowell/Overdales Claimform - old HSBC Credit Card Debt

      By dx100uk · Posted

      new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

OH HSBC credit card debt

benjibutton

By benjibutton
in HSBC Bank

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benjibutton

benjibutton

Posted
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Posted

Hi Cerberus Alert

Sorry, I didn't make clear in my posting that in my bletter I stated full disclosure under CPR part 31.16(3) © & (D) would be rquired if no resolution was forthcoming - so I presume that I should now formally request this info as per template letters - ps HSBC hate template letters !!Cheers

Benjibutton

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the_shadow

the_shadow

Posted
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Hi Cerberus Alert

Sorry, I didn't make clear in my posting that in my bletter I stated full disclosure under CPR part 31.16(3) © & (D) would be rquired if no resolution was forthcoming - so I presume that I should now formally request this info as per template letters - ps HSBC hate template letters !!Cheers

Benjibutton

 

Yep stick to the timetables in PT's thread and send the two template letters.

 

S.

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  • 4 months later...
benjibutton

benjibutton

Posted
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Hi Guys/Gals

Latest news on battle with HSBC . Having inolved metropolitan after stating in letter "no further value in continued correspondence on this matter".I quoted this as being reason for no reply

They are now using Central Debt at Worthng to state doorstep collection- dated one week earlier than letter received-Also HSBC offered settlement figure on debt

Questions are

Have I got them running? Seems theyare just sending one rubbish letter a month

Saw newspaper article recently about older debts being unenforceable without signed agreement. O/H took out card in 70's

Thank you

Benjibutton

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spamheed

spamheed

Posted
Posted

If they are offering settlement figures and the more pointless forms of enforcement ie home visitors, It would tend to lend credence to them not having too much to go on. But don't take that as gospel and there is a chance that they may possibly provide a copy of something enforceable at a later date,

 

but as a rule of thumb, the longer it takes them, the less likely that it actually exists and if it's from the 70's there is even likelihood of an agreement appearing.

 

How far is the debt off being statute barred? A debt is deemed to be statute barred when no acknowledgement of the debt is made, nor payment made against the debt for a period of at least 6 years,

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Old Cogger

Old Cogger

Posted
Posted
If they are offering settlement figures and the more pointless forms of enforcement ie home visitors, It would tend to lend credence to them not having too much to go on. But don't take that as gospel and there is a chance that they may possibly provide a copy of something enforceable at a later date,

 

but as a rule of thumb, the longer it takes them, the less likely that it actually exists and if it's from the 70's there is even likelihood of an agreement appearing.

 

How far is the debt off being statute barred? A debt is deemed to be statute barred when no acknowledgement of the debt is made, nor payment made against the debt for a period of at least 6 years,

 

1970s must of been Midland Bank ? it was in the 70s that credit cards were sent out to all and sundry with no agreements, only excuse if you used it that was the agreemnet, they were issued under name "ACCESS" for Mastercard/visa, Interesting situation I would say, CCA them with a £1 fee, see what happens, if not satisfied SAR them cost £10 they have to respond then. Hope this helps.??????????????????? indication is that is what they are trying to settle with you, i.e. to get some monies out of you as so called settlement as they may not have a leg to stand on,(NO AGREEMENT) signed.???? But in the end settle for the least amount possible as Full & Final Settlement and all files recorded marked satisfied.???

:mad2::-x:jaw::sad:
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  • 3 months later...
benjibutton

benjibutton

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Hi Guys/Gals

Ongoing saga - Wifes' HSBC card approx 12K.Have followed advice on here up to and including sending serious dispute letter to HSBC inDecemer 2008.

Many letters have passed including sending demands via Central Debt Unit and Dg solicitors nad Metropolitan Credit Services - all part of HSBC - all backed offf when letter regarding seriousv dispute quotedand also another letter from HSBC quoted "there is little value in continued correspondence in this matter",- which I of course agree with!

Now passed to Moorcroft above items quoted to them

Response is HSBC say No record of previous request. Also due to age of account no agreement is availoable. Account opened over 20 years ago.

What should my next action be?

Thank you

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palomino

palomino

Posted
Posted

You have to understand that HSBC tell lies. Whether this is deliberate or from stupidity I know not. But they do.

  • Haha 1

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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jimbo45

jimbo45

Posted
Posted

Hi there

 

Once it's gone to Moor@crap then it's GAME OVER (for the OC).

 

Moor@crap is usually the lowest or last in the Pond life chain.

 

Those muppets wouldn't even know which end of their body their as----e is at.

 

Expect a letter from some "New division" such as "Pre School Division" -- That's what caggers refer to their "Pre Court Division".

 

Send a typical Prove it letter to those muppets.

 

You'll probably get about 3 or 4 more threatograms from their "Automated Processing Division" and then blissful silence.

 

No valid CCA -- no debt.

 

Cheers

jimbo

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benjibutton

benjibutton

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Hi Jimbo45 &palomino

Thank you for you responses I feel good.

It's not been easy as I am disabled and also have been suffering from depression through all this but now light at the end of the tunnel is NOT another b....y train!

Thank you

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  • 9 months later...
benjibutton

benjibutton

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Hi

Have gone route with HSBC to the "as you can't produce signed CC agreement you cannot prove debt or pass it on" stage. Been quiet for 6 months since they tried DCA route.

Now received letter from HSBC stating assigned rights,title to debt to Lowells.Interestingly HSBC letter doesn't have correspondence address on it. Am I right that this just needs a serious dispute" letter or what? Is Lowells just another DCA?All advice appreciated

Thank You

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Undercover-Elsa

Undercover-Elsa

Posted
Posted

Hi Benji,

Lowells do also buy debt, what you received sounds like a notice of assignment.

As above, do nothing till they write, usually very politely at first, to introduce themselves.

Then you can equally politely inform them that the account is still in dispute.

What precise response did you have to your CCA request?

 

kind regards,

Elsa x

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benjibutton

benjibutton

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Hi Elsa

HSBC couldn,t produce signed agreement etc and stated they had complied with all my request, and that "we have reached impasse and they could see no benefit in entering into further correspondence on this matter and stated I could refer to Finan. Ombudsman or Courts " Since then they have tried inhouse and external CA where I have used serious dispute letter.

Thank You

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Undercover-Elsa

Undercover-Elsa

Posted
Posted

Hi Benji,

When they say they fully complied...was this because they sent a reconstructed agreement (without signature)?

Did they state at any point that they do not hold a copy of a signed agreement?

 

Just trying to establish the precise state of play as it affects what to say to Lowells.

 

Elsa x

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Undercover-Elsa

Undercover-Elsa

Posted
Posted

Ok Benji, thanks.

As you may know, recent developments mean that they can send recons and don't HAVE to supply a signed agreement in response to a CCA request.

However the recon must be accurate, with your address at time of opening and correct inception T&C's, interest rates and prescribed terms and T&C's as varied.

Here's the latest OFT full guidance:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

So it depends whether their response was in line with this as to whether they are right or not.

 

 

However Lowells aren't that sharp, so lets wait and see what they have to say. :roll:

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