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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
    • please stop posting up unnecessary unnamed screenshot files  you've done it throughout your threads and we have to renamed them. RENAME THE FILE before you upload if its just text information like a defence or a claim history or a link to a previous post  type it here not by an unnamed screenshot attachment  . sorry NM but you've been here dealing with PPC claims since 2021 somehow you always manage to screw up.......or do totally the opposite of std repeated advice on 10'000 of PPC threads here you are your own worst enemy... dx  
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hsbc does incorrect = unenforceable?


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Had a letter today saying:

"I note your comments that the repayment schedule was mis-stated on the loan agreement for.

 

However, I do not agree that this is a serious error that woul render the loan unenforceable."

 

Followed by the usual stuff about statements enclosed, the money remains lawfully owing, HSBC will exercise right to recovery, contact credit ref. agencies etc.

 

What would anyones advice be as to the next step? - write to them again inviting them to court? any help appreciated gratefully

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Tell them that any error renders the agreement unenforceable - as quoted in your previous letter - what part of unenforceable don't they understand ?

 

Tell them you know that the money remains lawfully owing , but due to their incompetence it is now up to you how and when you pay it and they are not allowed to default you or contact credit agencies .... any such infringement would result in a court action to clear your credit rep .

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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Just note that my experience with HSBC/First Direct is that they will take it to the wire. My settlement was immediately before the court case.

 

I would suggest that you ask them to explain why the quoted case does not apply to them. Also log every call and in your defence you can then claim tel harassment - further reason for the courts to award damages.

  • Haha 1

 

 

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Yes, it's here

 

There is no end as we agreed a settlement just before entering court and part of the agreement was that I was not to talk about it. However I have since discovered that they have not removed the default, so I think I will be going back to court...

 

 

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will send the letter today re. asking why this case doesn't apply to them etc. am guessing their next step will be to register a default against me. Is there any way of stopping this in advance?or will i have to apply to remove it once it's done? thanks for any help

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You can point out to them that they should not default you whilst an account is 'In Dispute' , but they've been known to ride roughshod over this ruling and do it anyway .

 

There are a couple of good links to ask them to remove it though :

 

This one from Bankfodder :

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149449-put-your-credit-reference.html#post1581179

 

and this scorcher from pete castlebest (#5 is the one you need ):

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149449-put-your-credit-reference.html#post1581179

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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If a loan is in excess of £25000.00 but purports to be regulated by the CCA, is it enforceable. I have a claim against the HSBC. I borrowed £41000.00. The loan agreement says its a regulated agreement. When I advised them that the limit under the CCA was £25k, they worte to tell me that it is not in fact regulated and that I dont have the protection of the prescribed terms that they have clearly breached.

 

Anyone know of any case law on this?

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Oops - sorry about that presumeddead :oops::)

 

I think this is the one you want ;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/164871-castlebests-default-removal.html#post1946244

still#5

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...

Spoke to metropolitan today as the debt is now with them. They have told me that they can not do anything re. me saying its unenforceable until they have a complaint ref. number from the financial ombudsman. Is this normal? If so do I simply fill in the FO complaints form and go from there?

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It shouldn't be with MCS if it's unenforceable ....

 

Why not send them the letter atwozee gave you in thread #22..... and tell them this account has been in dispute and unenforceable since xx xxx xx (date ) ... and they should pass it back to HSBC ....(which is just down the corridor anyway , as they're HSBC's In -House ' collectors ).... :rolleyes:

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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Sorry , presumeddead , I should have added that you I don't believe you have to have a FOS case no. It is unenforceable because of HSBCs error , they'll have to take it up with them .

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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as hsbc are refusing to accept that the mistakes are serious

 

If they don't think they're serious , why haven't they been hounding you mercilessly for payment - they know the terms of Wilson & Anor v Hurstanger Ltd [2007] EWCA Civ 299 as well as the rest of us - one little mistake - bang! It's unenforceable ............. :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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  • 2 months later...

Hi folks, after some more advice please. Have recieved 2 letters this week 1st from hsbcs 'hbeu legal' saying that they simply do not accept that the prescribed terms are incorrect and that the banks position is that the agreement is valid.

2nd letter from customer services apologises for the confusion caused by their original letter, which confirmed the terms were wrong and goes on to say that; the amount payable may differ from the combined charge for loan and credit due to it being a managed loan and subject to variable interest rate! this obviously doesnt explain it at all, but i am looking for advice as to how or if to reply to either letter.

 

Many Thanks in advance guys.

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Have you made a complaint to the Financial Ombudsman ?

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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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Just note that my experience with HSBC/First Direct is that they will take it to the wire. My settlement was immediately before the court case.

 

I would suggest that you ask them to explain why the quoted case does not apply to them. Also log every call and in your defence you can then claim tel harassment - further reason for the courts to award damages.

 

You can point out to them that they should not default you whilst an account is 'In Dispute' , but they've been known to ride roughshod over this ruling and do it anyway .

 

There are a couple of good links to ask them to remove it though :

 

This one from Bankfodder :

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149449-put-your-credit-reference.html#post1581179

 

and this scorcher from pete castlebest (#5 is the one you need ):

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149449-put-your-credit-reference.html#post1581179

 

Spoke to metropolitan today as the debt is now with them. They have told me that they can not do anything re. me saying its unenforceable until they have a complaint ref. number from the financial ombudsman. Is this normal? If so do I simply fill in the FO complaints form and go from there?

 

 

Hi, I have read back through your thead and discover that you have previously been given some excellent advice, atwozee has given you the regulation that applies and also provided you with a letter to send. Johnnymitch has also been giving sound advice.

 

TBH, the FOS are about as useful as a chocolate fireguard so perhaps wait and see if either JM or atowzee confirm that this is something that they would take up on your behalf.

 

IMHO, I think you need to wait and see what happens next.. this is a large financial institution who shouldnt be making such stupid mistakes !!. They know they are in the wrong and that their error effectively prevents them from collecting on this account.

 

I dont think I know this crowd 'hbeu legal' :confused:

 

Well, I did just a google and discover that all links refer back to HSBC, so this is probably another "inhouse" department.

Edited by citizenB

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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by CB TBH, the FOS are about as useful as a chocolate fireguard so perhaps wait and see if either JM or atowzee confirm that this is something that they would take up on your behalf.

 

I'm inclined to agree with CB about FOS's usefulness .... I think I'd let HSBC (or HBEU:confused:) take the next step towards court , then see what happens - they know they're in the wrong - you've got a legal precedent to quote , I don't think they'll risk it ...

IMHO, I think you need to wait and see what happens next.. this is a large financial institution who shouldnt be making such stupid mistakes !!. They know they are in the wrong and that their error effectively prevents them from collecting on this account.

 

I dont think I know this crowd 'hbeu legal' :confused:

 

This is a weird one I haven't heard of before , bit it looks like an upmarket branch of DG , HSBC's in-house solicitors .. :rolleyes: . You've told them the state of play , if it were me I'd let them make the next move ,

 

Well, I did just a google and discover that all links refer back to HSBC, so this is probably another "inhouse" department.

.......

Edited by johnnymitch
Tidying up post .....

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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