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    • This is more than helpful. Thank you so much. I will get the cca done tomorrow and post the reply from them for what to do next. Thank you all again. 
    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
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lavale

Need your help. HSBC are screwing me over

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:(Hi - am new to this but thought I'd give it a go - I've not found success anywhere else.

4 years ago I started a business & HSBC willingly threw money to finance it. I also took out bank accounts, life nsurance and a massive mortgage with them. Unfortunately, last year the business was performing badly, but I maged to achieve a sale. This was in the process of going through when I got a visit by the baliffs; I asked HSBC to lend me more as I did't want to lose my sale; they said no & told me to get it from where evr I could. So I did, 30% APR thinking it would be paid off as soon as I sold up. Ayway, when the sale went through HSBC demanded all of the proceeds; leaving me with the £15k loan, & my overdrafts & part of the original loan as the sale money didn't cover it. During this time, my other half got employment, but we fell behind with the mortgage (only 1) we had an account manager who was manageing the account & paying mortgage direct. We were classed as having arrears, even though if the account had been managed properly, the payment date could've been changed by 1 week, an no arrears would have shown. I've got rid of the account manager, and now changed the date of the mortgage. The account shows up to date for the past 7 months, but shows as (2) for the other 4 months on credit report. HSBC now demanding the loan be repaid in full. They have said they'll accept a lower amount to repay (£41k intead of £50) but it's got to be paid by the end of the month! I've tried to remortgage with them to cover, but 'cos credit file shows bad debt - they won't touch me, nor will anyone else. The £15k loan also needs paying - ive paid £450 per month for 1 year, and only paid off £100!

Am completely at the end of my tether. The business saide of HSBC have a secured debt on my property that is mortgaged with them, they are demanding repayment of the business debt - they won't put it asa mortgage as due to the poor account management we are showing as arreas on the mortagage for 4 mths. They will start reposession proceedings if payment is not rec'd. Help:confused:

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:(Hi - am new to this but thought I'd give it a go - I've not found success anywhere else.

4 years ago I started a business & HSBC willingly threw money to finance it. I also took out bank accounts, life nsurance and a massive mortgage with them. Unfortunately, last year the business was performing badly, but I maged to achieve a sale. This was in the process of going through when I got a visit by the baliffs; I asked HSBC to lend me more as I did't want to lose my sale; they said no & told me to get it from where evr I could. So I did, 30% APR thinking it would be paid off as soon as I sold up. Ayway, when the sale went through HSBC demanded all of the proceeds; leaving me with the £15k loan, & my overdrafts & part of the original loan as the sale money didn't cover it. During this time, my other half got employment, but we fell behind with the mortgage (only 1) we had an account manager who was manageing the account & paying mortgage direct. We were classed as having arrears, even though if the account had been managed properly, the payment date could've been changed by 1 week, an no arrears would have shown. I've got rid of the account manager, and now changed the date of the mortgage. The account shows up to date for the past 7 months, but shows as (2) for the other 4 months on credit report. HSBC now demanding the loan be repaid in full. They have said they'll accept a lower amount to repay (£41k intead of £50) but it's got to be paid by the end of the month! I've tried to remortgage with them to cover, but 'cos credit file shows bad debt - they won't touch me, nor will anyone else. The £15k loan also needs paying - ive paid £450 per month for 1 year, and only paid off £100!

Am completely at the end of my tether. The business saide of HSBC have a secured debt on my property that is mortgaged with them, they are demanding repayment of the business debt - they won't put it asa mortgage as due to the poor account management we are showing as arreas on the mortagage for 4 mths. They will start reposession proceedings if payment is not rec'd. Help:confused:

 

Hey...

Hang tight... I dont have any experience wit hbusiness loans, but i imagine they are like any other loan...there must be a consumer credit agreement!

And it must comply with the Consumer Credit Act as per any other regulated loan.

 

I am sure someone with a lot more experience than me will be along to help.

 

Try not to worry, from experience, i can tell you that you are in good hands here...

 

Do not do anything until someone on here more experienced than I can advise you...

 

Relax and wait :):-)

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Hey...

Hang tight... I dont have any experience wit hbusiness loans, but i imagine they are like any other loan...there must be a consumer credit agreement!

And it must comply with the Consumer Credit Act as per any other regulated loan.

 

I am sure someone with a lot more experience than me will be along to help.

 

Try not to worry, from experience, i can tell you that you are in good hands here...

 

Do not do anything until someone on here more experienced than I can advise you...

 

Relax and wait :):-)

 

there is a new govt scheme to protect you for upto 2 years if you ar ein difficutlyn with the mortgage and they act as guarantor to the lender

 

not sure of all the conditions you need to google it

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