HSBC not playing fair

[guzzleguts]

The 400 was a rebate of interest on the loan

[guzzleguts]

ive refused to sign another agreement

[guzzleguts]

I realy appreciate you all helping me but i have to go out for the eve now, any more questions just post and il be back on in the morning.

 

Thanks guys

 

GG

[pompeyfaith]

Yup as i thought so you have paid all the interest and policy over 3 years instead of 5

 

PF

[pompeyfaith]

Ok GG see yas in the morning.

 

You Take Care Mate.

 

either way you are in a good position here

[pedross]

they have offered to pay back all payments made to date on the ppi, but only on th condition i sign a reconstructed agreement

 

As I posted previously I agree with everyone else that they are in the wrong in using the overdraft to clear the loan debt and I believe that you have a very good case.I would expect them to back down if you make it clear that you do not intend to accept the situation.

 

However, they will attempt to pay the refund of PPI off the loan or into a HSBC account which they could then set off.

 

You do not have to accept this you can ask for a cheque as settlement. It appears that they have already conceded that you must be repaid.

[guzzleguts]

Thanks PF and pedross

 

 

They do state in the agreement they will let me know what they have done as soon as they can, so i expect a letter next week, so i will need to construct a letter to reply to that or if they dont send anything a letter to make them clarify this issue.

 

GG

[creditcardmug]

I agree with the others, if they want to terminate the agreement, thats up to them, but i dont see how they can pay it off with non-existant funds from your current account

 

I think you need to alert the site team, for more advice, click the red tri-angle

[slick132]

Site Team is aware and monitoring.

 

Suggest you wait and see what the bank's next move is, then decide how to d/w this.

 

[guzzleguts]

Thanks CCM will wait and see what the bank send this week, thanks for looking in.

 

Thanks Slick had that in mind also, will post up what they send this week. If they do not send anything, i will ask them to clarify what they have done.

 

 

Thanks

 

GG

[slick132]

Further thoughts..........

 

Re the PPI, if they agree to voluntarily repay what you want in full, they could set it off against other balances owing.

 

However, if you have to file a claim at court for this because they don't agree to repay in full, you can insist on a direct repayment during negotiations. You would not agree to settle on any other basis and only Discontinue your claim when you have their written agreement to repay direct.

[I've got no money]

Further thoughts..........

 

Re the PPI, if they agree to voluntarily repay what you want in full, they could set it off against other balances owing.

 

However, if you have to file a claim at court for this because they don't agree to repay in full, you can insist on a direct repayment during negotiations. You would not agree to settle on any other basis and only Discontinue your claim when you have their written agreement to repay direct.

 

That is a really good point or you could even do it by way of Consent Order

[guzzleguts]

Thanks slick

 

I did think that would happen, i was never avoiding paying them, this was HSBC being unreasonable, not giving me any help after my operation. I will be back to work in a couple of months but they could not wait.

 

This action taken by them was about 10 days ago how long do you think i should give before writing, asking them to clarify what is going on with my account.

 

Regards

 

GG

[slick132]

I have been thinking about this - whether you should:-

 

1. Wait for their next move, then decide how to respond, or

 

2. Be pro-active and go after them. Then lodge complaints with the FOS as necessary.

 

I'd wait until the end of this week and, if you've heard nothing, get a letter drafted to send off next week.

[guzzleguts]

Thanks slick will keep you posted.

 

GG

[guzzleguts]

Just an update had not received anything back from HSBC, so last week sent them a letter asking them to clarify the action they have taken, ihave not received a reply to that letter yet.

 

Thanks for the help so far.

 

GG

[guzzleguts]

Hoping for a little more advice, the bank have written back not explaining what they have done but just another final demand.

I was thinking of sending them a firm letter asking to clarify their actions once more.

 

Any help appreciated.

 

GG

[thunderstorm80]

Did the account have an overdraft facility in place or did they force the account to become overdrawn without authorisation?

[vint1954]

Hoping for a little more advice, the bank have written back not explaining what they have done but just another final demand.

I was thinking of sending them a firm letter asking to clarify their actions once more.

 

Any help appreciated.

 

GG

You need to press this home with the Bank again.

[vint1954]

Hoping for a little more advice, the bank have written back not explaining what they have done but just another final demand.

I was thinking of sending them a firm letter asking to clarify their actions once more.

 

Any help appreciated.

 

GG

Hi GG,

 

Have you already sent them a letter:

 

a) Confirming closure of your loan account.

 

And

 

b) Asking under what authority they have given you overdraft facilities to the tune of £9K, stressing that you have not asked for this and do not want it.

 

Vint

[thunderstorm80]

The bank has the write to off set with cleared funds.

 

They forced you to get an unauthorised overdraft. When we claim back charges for bounced cheques, the banks claim that we issued the cheques ourselves and made informal requests for an overdraft. Sometimes they authorise the payments and sometimes they reject them even if the amounts are very small. In all cases though they charge a fee of £20-38 for the service of considering the informal overdraft request.

 

In your case you did not give instruction or made an indirect request for payment from your current account by cheque, direct debit or in any other forms.

 

Someone from the bank decided to make a request for an informal overdraft request on your behalf without your authorisation, knowledge and permission. How did they authorise an informal overdraft (lending) request when:

1) you made no direct or indirect request for it?

2) the amount is so high? on what lending criteria? did they credit score you?

 

In my opinion this is a clear case of financial fraud by abuse of position. See the Fraud Act 2006.

[vint1954]

You need to press this home with the Bank again.

You realy do have to register with the Bank, that you do not agree the unauthorized overdraft and that they have acted illegally.

[guzzleguts]

Hi Vint and TS80

 

No there was no overdraft on the account they made it overdrawn with this transaction.

 

Yes i have sent a letter asking for clarification on the action they have made on my account but they just sent another final demand.

 

My thoughts were to send a very firm letter demanding they explain their actions. And if they dont il complain to the FSA.

 

Any thoughts

 

GG

[slick132]

Hi GG,

 

I'd respond along the following lines:-

 

Dear sir or madam,

Your demand dated xxdate

I refer to your letter/demand dated xxdate.

I must draw your attention to my letter dated xxdate which remains unanswered.

Until you respond adequately to my letter, this matter is clearly In Dispute and you must desist from making further demands of me.

Any breach of the OFT Debt Collection Guidelines will be reported to the FOS for formal investigation.

I await your reply.

Yours faithfully,

[pedross]

Hi Vint and TS80

 

No there was no overdraft on the account they made it overdrawn with this transaction.

 

Yes i have sent a letter asking for clarification on the action they have made on my account but they just sent another final demand.

 

My thoughts were to send a very firm letter demanding they explain their actions. And if they dont il complain to the FSA.

 

Any thoughts

 

GG

 

Hey guzzleguts you seem like a nice guy.

 

You asked for thoughts and those are mine. I suggest that the bank thinks the same as I do.

 

Stop messing about and send them a strong letter letter based on the one by slick but I suggest that you add that you are taking advice on the matter. Tell them that the actions of the bank are a serious matter and you require them to remove the overdraft that you did not request immediately and confirm why they believe that they can force an overdraft onto customers who have not applied for them.

Pedross