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Biting the bullet (going after charges the 2nd time)


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Hi Shadow , welcome to the 'Stayed Claims Club' (membership about 65,000) ! :)

Oooo do we get badges :-D :-D

I would say that , as there has been no amendment made by the site to the 'Post April 2008' POC's on here :

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/113-4-particulars-of-claim-n1-updated-version-now-available

 

that you would be covered by (b) above .......

 

No doubt if I'm mistaken in this, someone will correct me ........ :)

 

Many thanks

 

S.

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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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you're welcome , :D

 

thanks for the confirmation yb :)

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...

Well things move on...

 

I've not received anything from DG regarding the case thats stayed... however I did receive something from HSBC, the usual, we are right.. you are wrong... the oft are big girls blouses etc etc we wont be paying you anything.

 

Alongside this I received notification of withdrawal of my overdraft... not unexpected and I'd not been servicing the account for 12 months after moving all DD/SO/incoming money to another account.

 

Then followed the phone threats etc, now busy blocking there calls with my truecall device (thank you CAG).

 

Not sure if I feel confident on the UTCCR to do anything with the case at present :-( Have other debt issues and the CCA1974 to understand :-)

 

At the end of the day I've completed the I&E they sent, noticed they stated 1/3 of disposable income would be acceptable and given them just that, the fact its so low isnt my problem... they of course stated it was not enough... tough I've just given them what they initially asked for....

 

So a bit in limbo at present.... would like to see a UTCCR case pan out first before dipping my toe unless they force me to defend in which case I'll fight like a tiger :-)

 

Take it steady peeps!

 

S.

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Thanks for the update shadow :)

 

and who could doubt that you'll fight like a tiger as usual.......:D

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 months later...

Ok update time....

 

Have had a bit of a paper trail going with them over the last couple of weeks since the withdrawl of the overdraft.

 

I have been paying a set amount (pro rata'd) each month but it only works out just above 3% of the total overdraft. I have sent them an I&E showing this clearly and also a letter from my wifes oncologist confirming that her recently diagnosed cancer is non-curable and spreading.

 

They wrote back to me stating my repayment offer is not sufficient and that they are sorry to hear about my circumstances but could I please call their debt helpline blah blah blah.....

 

I wrote back stating they could do their worst and that I wont be revising my offer or speaking to them on the phone... in writing only :-)

 

They've now issued a formal demand for repayment and given me x days to repay the amounts or they'll issue a default and send the big boys around.

 

I really cant be arsed to deal with this at present, think I'll wait till it gets sold on or passed to a DCA and then start the S78 process and invite them to issue proceedings to join the current case thats stayed. Any thoughts?

 

S.

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Hi Shadow,

 

Perhaps the case being heard in Scotland tomorrow will be of use to those still trying to reclaim. It wont be a precedent in England if it is successful, but could surely be persuasive.

 

At the very least it will give us some more ideas :)

 

IMHO, it is downright disgraceful that the bank are not treating your case with a bit more sympathy in the circumstances. :Cry:

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4: Staying Calm About Debt  Read Here

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1: How can BCOBS protect you from your Banks unfair treatment

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3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Shadow,

 

Hi CB, hope things are well with you?

 

Perhaps the case being heard in Scotland tomorrow will be of use to those still trying to reclaim. It wont be a precedent in England if it is successful, but could surely be persuasive.

 

TBH I cant see the banks losing at all... too much vested interest nowdays :-(

 

IMHO, it is downright disgraceful that the bank are not treating your case with a bit more sympathy in the circumstances. :Cry:

 

Yep, I've questioned the wording of the banking code with how they are acting... I dont think they'll waver tho so I expect a letter from their own internal DCA's next :-)

 

S.

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  • 1 month later...

Just an update....

 

I've been playing ping pong with the bank for the last couple of months.. I sent a response to their CCA response just stating the sentence "Whilst you are correct current accounts are not covered by the CCA, overdrafts are however".

 

They sent a letter saying they were looking into my "complaint"....

 

...and then today a letter from the big boys, metropolitan telling me they MAY seek legal action if I dont RING them within 7 days of the letter...tsk tsk, I would have to ring them tomorrow then due to their measly postage :-)

 

Usual plan of action now... account in dispute letter to HSBC and return to OC to metrocrap. Complaint to FOS for passing my account on whilst dealing with my complaint possibly too.

 

S.

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At least it is keeping you out of mischief shadow :)

 

Hope all is well :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...

Hmm is it just me or are HSBC stepping up their collection activity, I seem to be seeing a hell of a lot of threads about them recently :-(

 

Anyway......

 

Heard nothing from Metro... yet but HSBC have been kind enough to respond to my complaint telling me again that the CCA doenst apply to formal oversrafts.....and that they've terminated my account (no default which is unlike other banks but I suppose under the determination they dont exactly have to)

 

Not sure if I can be bothered to respond to them to be honest... I may just wait for Metro to come back and then start the normal DCA cycle until they pass it to DG.

 

My reclaim case is still on a stay in court as far as I know, perhaps I outght to contact the courts to find out cos I'll be using that case as a counterclaim (its 1.5x the overdraft amount)

 

S.

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Hi Shadow,

 

Yes they do seem to have stepped up the action on collecting. :(

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Link no longer working so post irrelevant and removed :)

Edited by citizenB
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Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

Right I'm bored of metropolitan now....

 

I've done my best to play by the book, I've explained to HSBC the circumstances, I've filled out their poxy I&E, I've offered them a 1/3 of my disposable income (after taking all other creditors into account).

 

This debt is approx 1/30th of the amount of my full outstanding debt and yet they now send me a letter telling me I have to give them more information about the ownership of the property I live at and other highly personal information.

 

Well tough..

 

Jobs for the weekend:

 

1) Complaint to trading standards re: Metropolitan for making false statements in letters and chasing a debt they stated they would hold off for 4 weeks on.

2) Complaint to FOS re: HSBC not taking my situation into account

3) Letter to Metropolitan advising of complaints and I have no wish to deal with them, send it back down the corridor.

4) Complaint to the Lending board re: HSBC not playing ball with my hardship complaint.

 

Think that'll do for starters.

 

Enjoy the weekend peeps!

 

S.

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I dont think you have to give them anything other than what you already have, Shadow.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...

Gosh... didnt realise I'd left this so long....

 

After ignoring a couple of letters from Metro as I'd already stated my offer to their "clients" previously and had continued and still am paying this amount back (still not sure whether this is good or bad but hey ho) I today received a letter from DG solicitors who state they MAY take me to court to recover the money.

 

Suppose I may dust off the typewriter and send something back :-)

 

The amount of my charges reclaim is just less than double the amount they are seeking from me [sigh!!] good riddance OFT imvho.

 

S.

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