3500 Pounds debt - HSBC loan

[abe123]

Hi

 

I have an outstanding 3500 pound debt with HSBC but i have since moved from UK to india permanently. I would have paid the debt had i had the money but the simple answer is i dont. They have now passed the same to CDRU (a subsidiary of HSBC) who say that they will send someone to collect but can they actually collect the same from India?

 

I do plan to repay the debt when i have the money.

 

Can they take legal action to recover the money from me in India?

[Castlebest]

HSBC are a global company and if you have a valid debt with them they will try to collect wherever you are, in their eyes you have had the money so you must pay it back.

 

My only suggestion is to look into the validity of the loan documentation.

 

In the UK this would be by sending a consumer credit act section 77 letter or a data protection act subject access request to get copies of the documentation but as your now dealing with an Indian subsidiary of the bank I don't know how you would handle this under Indian law.

 

I think you need to have a chat with a local solicitor and see what his views are.

 

pete

[Jules55]

Firstly if the credit agreement was taken out in the UK, they won't be able to persue it outside uk civil courts. Also do you really think they would bother to send someone to India, come on, lets get real about it lol!

 

If you are living in India, the worst you can expect they will leave a default on your credit file or a CCJ but even that seems unlikely especially if teh agreement was signed many years ago as it might not be enforcable. If you aren't bothered about having marks on your credit file for 6 years are ae not planning to return to the uk until after then, then I wouldn't even waste time over it.

 

I can see it now a man from HSBC in a suit turning up in a tuk tuk lol!!!!!!!!!!

[111253]

Jules55 is right, Indian courts are not an option for HSBC. You can do everything by fax and internet to verify the legality of the agreement. You have nothing to lose so go for it, but remember if they have a fully compliant CCA then you have to pay eventually, unless they get fed up and accept a lower offer. 10% has worked for me. You have to remember that even if you prove the agreement was not CCA compliant, you still owe the money - they just cannot enforce. By paying a small sum like 10% the debt is satisfied if they accept the payment in full and final settlement. Enjoy India, I was there for 7 years and loved every moment.