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    • I shall take your advice and sit tight with all of my evidence.  Thank you for your help and I will keep you updated. Have you heard of them ever following this through to court? 
    • Thanks for getting back to me. We are based in East Sussex. I don't know if they are engage with their tenants I am getting details from all the tenants
    • Thank you. There are two possible routes here. You could sue DPD – and then they would probably defend and they would also counterclaim for the unpaid delivery fee. Alternatively, they could go ahead and sue you and then you could counterclaim for the expenses of the damaged items. It would be better if they would sue you and the reason for that is that you would be the defendant and therefore if there was a hearing, it will be held at your local court which would save you a lot of inconvenience. If you sue them, then they become the defendant and if there was a hearing then it would be heard at their local court which means that you would have to travel and plan the logistics of this. Normally speaking you can counterclaim without paying a fee but where the value of a counterclaim is substantially greater than the value of the substantive claim, when you might have to pay a fee. If you with the claimant then you will certainly have to pay the fee anyway. So I suggest that your best interests are served by preparing to be sued and then if that happens then to defend and counterclaim. We will help you. If eventually they don't follow through with their threat, then you will have to sue them. Whichever is the case, you will need to be well prepared and that really means that you need to seek independent assessments and evaluations of the damage which has been caused and the value of putting it right. These independent assessments may cost you money – but eventually if you win then you will get this back. So for the moment, start gathering your evidence. Make sure that you are fully prepared with your independently verified documentation and then hope that they will follow through with their threat and sue you.
    • thanks for the response   The items arrived totally damaged and our customer sent them back and we had to re make all of the items again. This cost was just over £7000. Yes we are on a creidt type account, I asked for the compensation on the problem delivery and they decided to lie and cheat and then close the complaint. we did take photos and so did my customer, DPD said they could not use them as it didnt show enough detail. this again is untrue.    The invoice we are with holding is £530  We had to remake all of the work as mentioned above.    I hope this helps a little more  
    • Hi I use Martin Lewis Credit club and if I click on the defaults they say ‘account settled’ and the dates range from December 17 to Feb 18 under each tab. It also states the name of the new debt owner now and says last updated.    Will that be the default  dates or will I find it elsewhere?         
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guzzleguts

HSBC not playing fair

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Hi all

 

Can anyone help, HSBC have paid off a loan out of my current account without my permission. The loan had been defaulted ( invalid DN has been served).

 

Now my current account which i do not use but was not overdrawn is now nearly 9 grand overdrawn.

 

This can not be right they must create another contract, sorry ranting on anger at the min.

 

 

Any help would be great.

 

GG

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dude, this reminds me sooo much of a similar case my mrs had with Lloyds, she had a current account with them and a savings account, also a loan. she missed a payment on the loan which was direct debit from her current account, the money was not in her current account so they took it from her savings account, the sick thing is that the money that was in her savings account was transferred there by our sons maternity grant, which made me sick how immoral and cut throat they can be when it comes to money.

 

anyways, back to your problem, you'll need to look at the T's and C's of the loan agreement, Lloyds said that in the T's and C's it states that if you default on any payments you agree for them to transfer funds from any other account you hold with them. although when i looked closely the actual application form clearly stated "we will take payments by direct debit from the account stated on this application" which clearly contradicted the T's and C's :( - sufficed to say we are still in harsh talks with them about this, it's totally wrong. all i can suggest is that you look at your T's and C's and perhaps get in touch with CAB or someone from the industry regulators...

 

apologies for ranting, and not really giving a clear indication of the way forward, but that's all i can suggest at this time, find out if what they did is lawful and then take it from there.

 

hope it works out for you GG!

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Thanks Azuma

 

They are despicable, i will check the T&C's but if they state they will take DD out of this account doesn't mean they can pay the total loan off in one go, therefore leaving you thousands of pounds overdrawn, incurring charges without your permission can they?

 

Thanks for the reply

 

GG

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no you're right mate, i'm pretty sure defaulting on a payment or even two payments shouldn't entitle them to pay the whole debt off, i'm confident they would have to call you or send you a letter to make you aware of this fact also. check the T's and C's and take this as high as possible with them, i think you'll find if you took this to small claims court they would be crucified mate. i'm sure there are other people on here alot more knowledgeable than me about these things, but that's my advice buddy. Anyone else have any ideas on this one?

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I had the same probs with Nationwide- my fault forgot to move the funds but luckily only a few hundred

 

Right fist we need to see the DN can u post it up

 

 

was it a regulated loan

did they send you a termination notice

 

when was the remedy date on the DN

 

what were the arrears on the DN

 

did they take the money from your account prior to the remedy date on the DN

 

how much did they take (was it the full balance)

 

did the amount they take ITSELF take you into overdraft

 

basically, until you had failed to comply with the DN they could only take what arrears were owed

 

if they took the whole balance when the DN was defective and therefore any termination was unlawful then the removal of anything other than the arrears at the time of unlawful termination would also be unlawful

 

that said the deed is done so it looks like you will be fighting from the position of having to sue them for damages (the consequential losses of which may be substantial if you have a sound case)

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Hi dd

 

I can post the Dn up it doesn't allow 14 days, it was a regulated loan, they haven't sent a termination notice but have sent a Demand for full payment( this has been discussed by yourself and ignm and others already on tale of a dodgy DN), no they didnt take the money prior to the remedy date on the dn, yes it was the full balance, i didnt have an overdraft on the account.

 

The DN allows 10 days without service.

 

Thanks for posting dd

 

GG

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Hi dd

 

I can post the Dn up it doesn't allow 14 days, it was a regulated loan, they haven't sent a termination notice but have sent a Demand for full payment( this has been discussed by yourself and ignm and others already on tale of a dodgy DN), no they didnt take the money prior to the remedy date on the dn, yes it was the full balance, i didnt have an overdraft on the account.

 

The DN allows 10 days without service.

 

Thanks for posting dd

 

GG

t

thanks just one point to claify

 

when they took the full balance out of your account did that one transaction put it overdrawn?

 

 

on the face of if you have an unlawful termination on the back of a defective DN and a subsequent unlawful removal of funds from your account being the difference between the arrears owing at the time of unlawful termination and the amount actually taken

 

 

personally my first tack would be to put my case to the CEO of the bank and point out that unless there is a immediate refund to your account of the misappropriated funds -plus any losses cause by that action , you WILL be commencing legal proceedings

 

anyone else got a view?

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Yes there were arrears on the DN also and i have worked out there are charges an fees of some sort. If you want to see the DN i would happy to PM you with it, i know its a little paranoid but the amount of guests that have been watching this thread since i started it is scary.

 

GG

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i think that's sound advice DD, that is IF the CEO reads it and not one of his muppets :(

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Yes that one transaction put it overdrawn.

 

But i was waiting for them to instigate proceedings against me on the back of that DN. Where does that leave me now? any thoughts.

 

GG

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Yes that one transaction put it overdrawn.

 

But i was waiting for them to instigate proceedings against me on the back of that DN. Where does that leave me now? any thoughts.

 

GG

 

i/m not an expert on banking law but believe that they cannot use funds that you do not have

 

not only but also

 

encouraging you to take on further borrowing to pay existing debts immediately springs to mind

 

I wouldnt be paranoid about posting the DN

 

whats done is done whether they see it or not

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Yes that one transaction put it overdrawn.

 

But i was waiting for them to instigate proceedings against me on the back of that DN. Where does that leave me now? any thoughts.

 

GG

 

i think yu need to start constructing a letter then post it up for other more experience caggers to have a butchers and to give further advice as this one is a little bit out of the norm and i guess there will be some intersting legal points raised

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i.m going to alert the site team on this one as i think you need some more experienced input

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Thanks dd

 

Will post it this evening, it only states on the agreement that they can use any credit balance from another account you hold with HSBC to reduce or repay any sums you fail to pay under this agreement. (it goes on) We will only do this after giving you reasonable opportunity to rectify the situation. We will not tell you before we exercise our right. We will tell you soon as we can afterwards.

 

 

So i might yet get a termination notice.

 

GG

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it still seems a little dodgy to me mate, i'm sure some of the experts on here will know how to handle this, just hoping it all works out for you buddy, fingers crossed.

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Do you think it could be their way of dodging, a dodgey CCA as if the money has been repaid to the loan the loan is settled so you would,nt then challenge the CCA, and as you dont need a CCA for an overdraft easier for them to enforce.

 

Just a thought.

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Thanks dd

 

Will post it this evening, it only states on the agreement that they can use any credit balance from another account you hold with HSBC to reduce or repay any sums you fail to pay under this agreement. (it goes on) We will only do this after giving you reasonable opportunity to rectify the situation. We will not tell you before we exercise our right. We will tell you soon as we can afterwards.

 

 

So i might yet get a termination notice.

 

GG

 

the removal of your funds to repay the full balance is evidence enough of termination

 

i have alerted surfaceagentx20 to your thread, if he gets time to look in on it you will find is advice invaluable

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Hi es

 

From what i have read on this subject, if they consolidate loans credit card debt into an overdraft on a current account then the original agreements become void, therefore as you haven't signed any new agreement the debt becomes unenforceable under 127(3) of the CCA. (i think, or i may of read too many threads today:))

 

GG

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Thanks dd

 

x20 thats great he has been missed on here

 

GG

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Hi es

 

From what i have read on this subject, if they consolidate loans credit card debt into an overdraft on a current account then the original agreements become void, therefore as you haven't signed any new agreement the debt becomes unenforceable under 127(3) of the CCA. (i think, or i may of read too many threads today:))

 

GG

 

yes, as it doesnt affect my situation i havent really studied those thread s but i think in this situation it does seem to have been less of an agreed consolidation loan, more a raid on your current account

Edited by diddydicky

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That being the point i had no part in this agreement.

 

I do appreciate your time on this dd

 

Thanks

 

GG

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thats ok but i need to get some legally sound advice for you as well as common sense advice which on it own might not be enough in your circumstances

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Agreed, i feel like ive been robbed

 

GG

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Just wanted to add my sympathies GG - I'm in a similar position with my bank.

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