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On Saturday I received this letter from DG Solicitors threatening court action and placing a charge on my property. HSBC sent me an invalid DN and then terminated my contract and I accepted unlawful recission.

 

Please could someone advise what steps I should take next. I received a lot of help from Diddydicky and hope someone will be able to help further. Thank you

 

http://i450.photobucket.com/albums/qq223/sophiak_bucket/HSBCDGSOLICCOURTWARNING.jpg

 

Hi Frett

 

I do not think that DG are in fact a firm of solicitors. They are not listed by the Law Society and are not members of SRA.

 

Have a look at this;

 

http://www.ukbusiness.hsbc.com/public/ukbusiness/pdf/en/litigati.pdf

 

The letter you have received threatens proceedings on the basis of documentation and actions issued/made by HSBC which do not comply with CCA, the regulatory statute under which you agreed to buy their services. They have since breached their contract with you as well, which you have accepted. There is simply no lawful basis for any of the threats within the letter and so I would write to ask DG why it is that HSBC is exempt from s88 of the Act and why DG does not need to consider the contents of OFT664 (Debt Collection Guidance) and feels able to pre-judge the outcome of any court hearing.

 

It might also be amusing to ask for the names of the solicitors themselves at DG and, if they are provided, cross reference with the SRA's various tribunals. It's not acceptable to receive threats in this way from anyone other than someone qualified to make them.

 

HTH

LA

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Thanks LA, how you doing buddy.....long time no see. Your advice is appreciated as always and glad to see you again. Hope your doing well. Yes I will do what you have advised makes great sense and will be very helpful and useful for others who are in a similar situation.

 

I will pm you the latest with whats going on with my other things.

 

Take care

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I have had a look at my default notices - and actually think that they are prob ok (with regards to the web site link posted). However, could someone who knows what they are looking for have a look at let me know what they think. Many thanks - have posted the DN above.

 

MrA

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Hi Frett

 

I do not think that DG are in fact a firm of solicitors. They are not listed by the Law Society and are not members of SRA.

 

Hi Frettful, the description of the solicitors M.O. is printed at the bottom of your DN. Also, there are two named individuals printed there too.

 

Bill.

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Frettful

 

I had very similar letters from various firms in the past - but they never followed up by the threatened action.

 

The most recent series of such threats lasted for over 2 years elapsed time - from a firm of solicitors called Spratt Endicott acting for RBS/Direct Line. They never took any further action - would not negotiate any F&F or affordable monthly payment.

 

Your letter does not say they WILL take the action threatened - it's probably just an empty threat if this is the first one you have had.

 

It's still with the in-house tame salaried "solictors" - so they are not yet at the stage of throwing real money at it and getting a "proper" firm of real solicitors to deal with it - may never get to that stage either if they think their chances of winning or getting paid quickly afterwards (in full) are not high.

 

Eventually my RBS case was handed over to another DCA and a 40% F&F agreed within a week of the new DCA taking over.

 

Hope this helps

 

BD

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Hi Frettful, the description of the solicitors M.O. is printed at the bottom of your DN. Also, there are two named individuals printed there too.

 

Bill.

 

I have had a look at the bottom of my DN Bill but no sign of the two individuals that you mentioned?

 

http://i450.photobucket.com/albums/qq223/sophiak_bucket/barristers%20advice/downloads/HSBCDN1-1.jpg

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Hi Frettful, sorry, its not the DN. Its the sols letter.

 

Alan M.B. + Paul K.

 

The letter states that the "firm" is a "practicing name"

 

 

Bill

 

 

Thanks Bill I did see that just after I posted my last post. Very strange set of people hey?

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I have had a look at the bottom of my DN Bill but no sign of the two individuals that you mentioned?

 

http://i450.photobucket.com/albums/qq223/sophiak_bucket/barristers%20advice/downloads/HSBCDN1-1.jpg

 

Just an obersevation: DN dtd Tue 19 May 2009 - 4 working days if UK Mail (as per Bickford Smith directive) = Fri 22 May 2009, then 14 clear days = 5th June 2009 effective 6 the June 2009 - minus 2 days if sent 1st class.

:mad2::-x:jaw::sad:
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They've made the classic mistake of demanding the payment within 14 days of the date of the DN - ignoring any time delay required for postage.

 

Also does "BY" 2 June not mean the same as "before" 2 June and "on or before" 1 June?

 

BD

Edited by Bigdebtor
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Also does "BY" 2 June not mean the same as "before" 2 June and "on or before" 1 June?

 

BD

 

2 june would mean the last clear day, effective day to have been 3 june (your default) (time you had to correct arrears was 2 june) according to them, but the date seems short if taken to the letter of DN regs?

:mad2::-x:jaw::sad:
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