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    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
    • HI all, This is done now. My daughter and her fella are currently in the process of remortgaging so they just paid it out of panic. Thank you anyway DX
    • MCOL will tell you once they've filed it with the courts so just check there. I'm sure the courts are massive fans of DCBL using official documents to harass and scare people (Not! ) Remember that the courts call the shots now, not the claimant.  
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3500 Pounds debt - HSBC loan


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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?

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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

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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!!!!!!!!!!

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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.

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