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    • First of all welcome to the Forum. Do not worry about Drips+ -a dead sheep has more power so do not let them bother you and never contact them. It is a pity that you wrote to PE  which would be perfectly normal, except with crooks like PE  as you may have revealed you were the driver. You have lost the protection of POF A but it is not a fatal. Please do not even think of paying a penny. The amount may go higher in the short term but when the poor dears do not hear from you they get worried ( because they think to won't pay) do they start sending begging letters and reduce the amount owed.I One of the Site Team will be along shortly and give you a template to fill in which helps us to give you the best advice should they not give up. Just complete the form and post up photos of the signs at the entrance to the hotel and others around the car park and the terms on their ticket machine if there is one.
    • HI   You took possession of the Property in 2010 but when did you end the Tenancy Agreement?   Did you give them the required Notice to end your Tenancy?   You mention you paid a Deposit in 2010, was this returned when you ended the Tenancy?   You need to know exactly what they are claiming money owed is for and surprised that solicitors letter does not mention this.   Send the Landlord a Subject Access Request (SAR) asking for 'ALL DATA'  (ensure to send a copy to the Solicitor acting for them as well. 
    • yes only court...   can I confirm this was settled via Barclaycard and chargeback as it was a debit card, rather than section 75 via a creditcard?  
    • Hi   Sorry for the delay in getting back to you don't worry we have not forgot you.   So they have destroyed ALL DATA personal to you as you did not take the Property. (really they have put there foot in it)   If they hold no personal data then they have NO evidence of what was agreed to with your Holding Deposit and the refusal to return it.   Now if it was me I would let them drop themselves in it even further by responding to there SAR response.   Thank you for your SAR Response dated XX/XX/2019   Due to this response I require clarification of the following:   1. Have you followed the Data Protection Act 2018 & General Data Protection Regulations on Destroying My Personal Data?   2. If you have Destroyed All My Personal Data then what documentation do you hold that I have signed/agreed to the Holding Deposit being Non-Refundable and to provide copies of this documentation.   3. I require a copy of your Policy on Holding Deposits   Please bear in mind the above is what I would do.   I do think it is looking like you may have to go down the court route (make sure and have a good read of that link I previously gave you to the Tenants Fee Act).
    • HI   Firstly the parking in front of your drive, do you have a pavement with a Drop Kerb in front of your property to access your driveway, if so are they infringing on the Drop Kerb? (note your can ask the council to to paint a white line with lines at the end on the road in front of the drop kerb please note there may be a cost from the council to do so)   As for the CCTV look at this ICO link: https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/   Due to the new DPA/GDPR if you have CCTV on your Property and it views outside of that Properties Bounderies they then need to register as a Data Controller with the ICO.   So I would make a Formal Complaint in writing to the Councils Data Controller, ICO (specifically asking if this individual is Registered with them as a Data Controller) & Police, you need to keep a good paper trail of this individuals actions.   I hope this individual knows the Law on Harassment as from your thread that is the impression I get is no matter what you do they will find something else to complaint about.  
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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.

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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

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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.

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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

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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.

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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

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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!

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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

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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.

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