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Passing on Debits HSBC-MCS-HSBC-DLC


chilli_bird
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As an alternative chillibird , you could send them the letter I posted for you on #43 and see where they go from there - they'll probably cave in anyway if they haven't got it ....... :)

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.

 

 

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  • 2 weeks later...

Hi, I posted the letter from #43 and got a reply today. the reply read

 

Thank you for your letter dated the 10th March 2003 (clearly they got the date wrong) I can confirm the following.

 

1. We acknowledged your consumer credit act 1974 requst on 13th Feb 2009 a copy has been enclosed for ease of reference.

2. It is no longer an offence not to supply copy documents within the timescale of one month. The offence was abolished in schedule 2 part 1 paragraph 20 of the consumer protection form unfair trading regulations 2008. We have followed up our request to the lender for the original agreement along with a statement of account.

3. Your account is on hold and all further action has been suspended pending documentation from our client.

 

What do i have to do now? shall i just wait? Why is it taking so long for HSBC to get back to DLC?

 

Chilli_bird

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Hi Chilli_bird :)

 

That can only be good news .......:D I suspect that they can't find the original document ,have suspended all action on the account - if you just wait you'll probably find that they'll confirm that the account is cancelled and monies written off ........

I thought earlier that they were getting desperate , this seems to confirm it ! :)

 

I realise now that the letter I gave you is out of date with the "offence after one month " - sorry about that , :oops: but it doesn't change the rest of their obligations.... (I thought I'd deleted that para , but must have forgotten to save it ) .... a Senior Moment :rolleyes:........lol

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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Wait a minute ! if you sent #43 as it is - there's no mention of committing an offence ..... what are they on about ? :confused: ... Oh well , never mind :cool:lol!

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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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  • 3 weeks later...

Its now been over the 21 days (25+) and i have not had any reply back from Hilesden Securities. The last letter told me they have requested my CCA from my HSBC. They said that they will get in touch by letter with me in 21days or sooner if they have the CCA.

Shall i just sit back and do notthing or do i need to send them another letter.

 

Chilli_bird

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Hi chillibird:)

 

You have two choices here - either just wait for them to finally admit that they haven't got the CCA (as I said in #54) , or if you feel you want peace of mind , send them a 'nudge' letter pointing out that even their timescale has run out and ask them to confirm in writing that this account is now closed and that nothing further is owed by 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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  • 4 weeks later...

Hi

I decided to wait for them to come back to me and yesterday i got a recorded letter that had to be signed for saying

 

we are flowing up your request of the original doc with our client hsbc. when this becomes available we will forward it onto you.

 

your account is on hold and all further action has been suspended in anticipation of receiving the doc required.

 

i will update you in 21 days if no further developments beforehand.

 

 

I was wondering why they sent this to me recorded and why it was late by over 31 days.

All i can think of is that they will get a copy of the signature from royal mail to prive i received the latter and also try to lift the signature using photoshop:-o.

luckly i did not sign for the letter and a frind of mine did:D so ha ha, if they do try and use this signature i will sue them for fraud.

 

surely i can now ask them to confirm that my account is closed as the time scale is well and truly over.

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This is ridiculous , chillibird , they've been saying that since the beginning of February -

 

Yes chillibird it's time to push them the final few yards over the line ......:)

 

I think maybe a letter pointing out that they have already had more than enough time to produce this document - that this letter is almost a copy of the one they sent on ? Feb and 13 March when they said 21 days ..... they can't have any more time........

Ask them to confirm once and for all that the account is closed - tell them they've got 7 days from receipt of your letter - before you report them to FOS ..........

Send it registered so they've got to sign for it - sometimes posties don't get siggys on Recorded Delivery:(

 

And if they don't comply ,come back and we'll follow through to FOS , which I think will cost them £500 for FOS to investigate ...... :rolleyes:

 

Meanwhile of course you don't have to worry- but I seem to remember there may be a default to be lifted once they've confirmed in writing that there is no debt ... :)

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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Ah , that's great that the default has been lifted , Chillibird - now we just have to get them completely off your back ....:D

 

How about something like :

 

Dear Whoever ,

Thank you for you last letter dated xx xxx xx which promised update action after 21 days , just like the other letters which you have been sending since February .

I feel it is time to end this charade now and for you to admit finally and in writing that you have no CCA and therefore no right to continue to administer this account.

If you do not confirm within 7 working days of receipt of this ‘Registered’ letter that the account is closed and there is no further action involved , I will report you to the Financial Ombudsman Service immediately this time has expired.

Yours etc, etc ......

Chillibird........

And we'll do it too .............. they've had more than enough leeway on this..:)

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 Johnny Thanks for your help. I made a copy of the letter above but did not get a chance to send it today. However when i came home i had 2 more letters from Hillesden Securities both saying the same thing and these were just posted out normally. They both have the same date and are identical.

This is not lette harrasement. What do you think i should do?

SHall i send the other letter off and then send one other or shall i take other action.

 

Chilli_bird

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Hi chillibird :)

 

I would just send the letter as it is - but keep all those other letters so you can let FOS have copies when you report them for harassment and failing to comply with your CCA. It's amazing how they can be so stupid! :rolleyes:

 

Of course for you the pressure is off now chillibird , :)there's no way they've got your CCA so let 'em stew after this - but I would let FOS know if they don't give a positive reply to this letter .

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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  • 3 weeks later...

Hi chillibird :)

 

Time to report them I think - for non-compliance with your CCA :

 

Complaints - Privacy & electronic communication - ICO (phone them and ask for advice )

 

and for being a general pain in the a**e and harassment

 

our complaints procedure and how to complain (FOS)

 

no rush now though , the ball is in your court chillibird .... :D . And you can either send them a copy of the letters you're sending to the above , or let it come as a complete surprise when they're called upon to explain ....

 

Come back if you need more info ...:)

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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  • 2 weeks later...

Yes chillibird , it will get your complaint registered with the ICO and consequently dealt with ............:)

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...

Hello Johnny

Please can you help me. I made my complaint and i though that ws the end of it but i recently received the same letter rom the DLC-Hilsden saying that they are still looking for my original copy and my account is on hold and they will update me again in 21 days.....blah blah....blah.

 

Are you able to help me draw up a letter to ICO so that i can put an end to this once and for all.surely 7 months on they should not be pestering me

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Hi chilli bird , :)

 

Write to DLC -Hilesden and tell them that the time for them to produce this information has long expired, you require them to produce the information you asked for within 7 working days of the date of receipt of your letter .

 

You can also add :

 

"PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) "

(send 'Special Recorded Delivery' so you know when they signed for it . )

 

This puts them on the spot ...... they HAVE to do one or the other ----- either produce or confirm they cannot produce and go away forever .......... :D .If they ignore this and still persist , they are in deep trouble as a DCA .

Come back of course if you have any more problems with them .......:)

And you could also just drop a note to ICO and ask them for a progress report on your complaint (No. xxxxxx)

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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  • 7 months later...

Hello Jonny Mich

I know its been a long time, since I have been on this site and the reason is because i thought everything was done and dusted. I sent the letter you put as a template for me and had a letter back saying they are still waiting for the copy of the credit agreement blah blah blah. i heard nothing from them since the summer of 2009 and then received this letter this evening.

and i do not know what to do....

please can you help

 

hilsden letter feb 2010.jpg

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Hiya chilli_bird, as they state themselves the account is uninforceable so all you need to do is make a regular payment of whatever YOU can afford, ignore there this is not enough letters.

 

To call you or send operatives to your home they would need to get a CCJ against you and if your attempting to repay the debt (however small the repayments are) on a fairly regular basis then I dont think they would succeed in doing this.

 

pete

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Hi Pete

I'm now confused as i have been reading other threads that say do nothing.

If s start to pay them and its not enough then they will add interest onto the balance on a monthly basis so it could mean i pay more interest then the payback amount....worse then a loan shark. Also they will put my account into default and i just got rid of my default so don't really want it back on my account again.

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Hi Pete

I'm now confused as i have been reading other threads that say do nothing.

If s start to pay them and its not enough then they will add interest onto the balance on a monthly basis so it could mean i pay more interest then the payback amount....worse then a loan shark. Also they will put my account into default and i just got rid of my default so don't really want it back on my account again.

 

Personally, I wouldn't pay them a penny...and I don't with the MBNA account they have of mine so am speaking from experience!

 

They clearly don't have the agreement (yet...but it's been an awful long time) and hence, are unlikely to proceed to court.

 

All the letter is saying is that they are going to refer to collections...they have (correctly) not threatened court as they know to do so would breach OFT guidance.

 

All you have to do, in my opinion, is send them a letter stating that you will only communicate with them in writing and also repeal any rights to visit you at home...there are standard paragraphs in the template letters for this.

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