Jump to content


Pipster2797

Prescribed Terms and Sig on Different Pages

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3957 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Okay – can you post a copy of the default notice issued to you in accordance with s87(1) of the CCA – minus your personal details but include the date it was written.

Share this post


Link to post
Share on other sites

I never got one from them. But when I checked my credit file it had a default on it and also the overdraft. The 2 are now together and I have been dealing with DG Solictors since April 08 and been paying a set amount each month. In October was when they started to pester me to increase payments and that is when I cca'd them

Share this post


Link to post
Share on other sites

Okay – you must send them a letter explaining that your financial circumstances have not improved since entering into the reduced payment plan (if indeed this is the case) If ever this agreement becomes the subject of legal action you must demonstrate that you have made every effort to be reasonable with the creditor or there sols.

Can you just confirm that you haven’t signed a new agreement combining the loan and current account together.

Then we can discuss the Default Notice in more detail.

  • Haha 1

Share this post


Link to post
Share on other sites

No I didn't sign anything at all. When I cca'd them they also sent statements through for the overdraft and the loan. I'm in the process of trying to claim back charges on the overdraft but they have replied saying that due to the test case they will wait for that outcome!!

 

When I got the statements I noticed that they had continued to pay the monthly loan payment from my overdraft further increasing the overdraft and charging me anything upto £125 each month too in charges. I couldn't cancel the DD as they wouldn't allow it.

 

Around the time I sorted a payment plan out with DG (I had buried my head in the sand for a while) the overdraft was increased and the loan was paid off. Thinking now this must be around the time they defaulted me as the account was closed on the loan statements, but like I say I didn't sign or agree to any of this or get a default notice

 

Thank You for your help

Share this post


Link to post
Share on other sites

Okay – I must admit this one is getting away from me here but can you now confirm that they have increased your overdraft to pay off the loan – or have I got my wires crossed.

Also, if you’ve paid off the loan then the agreement is actually at an end.

Share this post


Link to post
Share on other sites

Thats exactly what they did. By the look of the statements the balance of the loan was set to zero and closed and the overdraft was increased by the loan amount. The overdraft and the loan are now seen as 1 amount but I was never told this was going to happen and I never signed for anything to happen. Since April 08 I have been paying around £80 a month to them for the total of 2 accounts. It's not £40 for the loan and £40 for the overdraft it's just £80 for the 1 account as they have it now.

 

Hope I'm making sense there

Share this post


Link to post
Share on other sites

Okay – this changes the whole situation – not sure how to go about things here but by the sounds of things HSBC have closed a loan account (without your consent) and transferred the balance to your current account (again without your consent) and this breaches the Consumer Credit Act 1974.

As far as I am concerned (and I need to give this a little thought) you should be able to dispute the whole of the current account – this will still be under the provisions of the Consumer Credit Act 1974.

You might need to do a D.S.A.R (unless you’ve done one already) we need to see that default notice.

I’m going to think this one through for a while and will post later on but if anyone else has something to add then please be my guest.

We will get to the bottom of this one!

Share this post


Link to post
Share on other sites

Thank You.

 

I haven't done a D.S.A.R but certainly can do.

 

I'll wait until you have had a think on it and thank you again

Share this post


Link to post
Share on other sites

Okay – I would suggest a D.S.A.R and you can use one of the template letters from here. We really need to see that default notice so I suggest you specifically request a copy of your loan agreement and a copy of the default notice issued against the agreement and a copy of your bank account agreement/application. If you are not up to that then let me know and I will put one together for you.

 

Send the above (recorded delivery) to the Data Controller at the HSBC registered office which is:

 

HSBC Bank plc

8 Canada Square

London

E14 5HQ

 

Next – as I suggested earlier – you need to send a letter to the sols confirming that your position hasn’t changed and you cannot pay any more than has previously been agreed and in fact you would like to reduce the payments if possible. That will at least buy you a little time whilst you await the results of the D.S.A.R

 

I am assuming that you no longer use this account and you have access to another bank account if required.

 

That’s just for starters – okay

 

TBH I’m still a bit perplexed as to why the HSBC has done this.

 

Considering the time of year then it’s probably best if you wait until early Jan ’09 before you send out the letters – make a post when you have just as a reminder.

 

Have a nice Xmas and try not to let it worry you – okay.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...