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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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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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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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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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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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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

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