HSBC still phone even though going through courts

[iiyama66]

Hi,

 

HSBC have sent me a 'Defendant filed an Acknowledgment of service' letter regarding my Court claim .

 

I assume its a standard response, defendant has 28 days from date of service of the claim....

 

the Solicitors are,

 

Dg Solicitors

12 Calthore Rd

Edgbaston

Birmingham

B15 1QZ

BANK CHARGES KG

 

Is this the standard response?

[johnnymitch]

Absolutely the standard response iiyama , DG solicitors are HSBCs 'In-House ' legal dept....

 

They will probably go for a stay of your claim and it will be granted, - then you will be in the 'Stayed in Court Club' like thousands of the rest of us , earning 8% interest .. while waiting for the House of Lords to get it's act together and come out with a favourable decision ..

[iiyama66]

Thats what I thought, cheers johnnymitch.

[johnnymitch]

You're welcome iiyama

 

btw ,if you don't get a notification of a stay from the court within a reasonable time after the deadline for HSBC's defence .... I wuld ring the Court Office and ask for a progress report ... They have been known to forget to let you know a stay has been applied ..

[iiyama66]

HSBC have responded, i have to fill in a questionnaire, further court cost ot £35 which has to handed back to the courts by the 7th Septemeber.

Is this the way it goes?

[johnnymitch]

|Hi iiyama ,

 

This is what is called an AQ (Allocation Questionnaire ) . Some courts have dispensed with this for Bank claims now ,so I would be inclined to check with the court office , just to be sure. However, it is reclaimable if you have to pay it.....just add it to the amount you are claiming from HSBC.

 

For help with completion of the AQ , try this link :

http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

[iiyama66]

Hi,

 

HSBC are still making phone calls re my overdraft and payment even though HSBC have acknowledged that its now a court issue and they have written back confirming that i only want to hear from them via letters.

 

I assume they are trying it on and hide behind 'its automated' system rubbish.

 

What can i do to stop this bullying?

[BankFodder]

Has a court case been started?

[Castlebest]

Hiya iiyama66 can you try to stick to one thread, it helps when people like the very learned and venerable Bank Fodder are wandering about answering threads . I will get all of your HSBC threads combined so we get a complete picture of your claim to date .

 

Have a look at my thread re Metro, they actually passed my account over before giving me the same hassle your getting but the legal principles are the same, There is a good post by Scarlet Pimpernel in there too

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/125577-metropolitan-collection-services-action.html

 

Hope that helps

 

pete

[caro]

8 threads merged. It makes it much easier for people to help if you keep all your progress and questions on one thread.

[iiyama66]

Cheers, sorry about that, it does make complete sense, merging of the threads that is!!

[iiyama66]

Received a letter today from HSBC informing me that following a review of my account my O/D limit of £500 will be withdrawn on the 26th Sept unless i pay off what i owe.

 

Can they do this as the account is in dispute and is now with the courts?

 

iiyama

[Castlebest]

technically yes they can, they have to give you a months notice of withdrawl of your overdraft limit...

 

however .

 

how much is your claim value? they say you owe them the £500 overdraft you say they owe you your claim value... with the right letters you can get a stalemate situation to either your overdraft limit you owe them or the claim value they owe you (whichever is the lesser) but you will have to abandon your account and get a new one .

 

pete

[iiyama66]

Pete,

My claim is for £1800, once the O/D is removed I will owe HSBC £950, £450 is charges.

I have already moved banks so that's why they have probably haven't renewed the O/D. I'm not that bothered but I assume they will then move the account to collections and the added pressure that comes with that??

[Castlebest]

Hiya iiyama66

 

So basically you owe them £950 and they owe you £ 1,800 so overall they owe you £850 why pay them anything .

 

Have another look at my Metro thread, you have exactly the same situation that I do

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/125577-metropolitan-collection-services-action.html

 

Just shout if you need anything

 

pete

[iiyama66]

Pete,

 

It seems that way, since the letter im expecting contact from Metro after the 26th Sept.

 

I shall use your template letter if they do. It's just annoying that you take them to court and they still try and 'bully you'

[Castlebest]

Its the nature of the beast there is no honor amongst thieves .

 

HSBC and Metro will ignore the rules, regulations and codes that govern the way they operate when it suits them. Baring in mind the many millions of customers they have and the relatively few people who subscribe to websites like CAG I would think they get away with it a good percentage of the time which makes bullying a worthwhile tactic.

 

Until we get a financial services regulator with teeth who will bite when someone steps out of line they will continue to flout the regulations and law.

 

pete

[iiyama66]

Pete,

 

I couldn't agree more!

 

I had a call today and once we got past the 'are you aware of the case....' He then tried to for data protection issues and go through all my details, i.e. wage, job, any other credit cards, debit cards, loans etc

 

Having a great understanding of the data protection act this info had nothing to do with it, this was established at the start of the call, obviously I just referred him to the info they have is correct, this is the first time they have tried to do this.

 

Im thinking of changing my phone numbers via my online account to stop the calls?!

 

Jason

[BankFodder]

Don't change your numbers. Get a Truecall. It will sort everything out for you - guaranteed.

[citizenB]

Send them the letter in the following link as well, this might make them rethink there harrassment policy.

 

http://www.consumerforums.com/resources/templates-library/52-harassment/133-formal-notice-of-telephone-recording

 

HTH

[iiyama66]

Thanks for your advice and help!

 

Jason

[iiyama66]

It has finally happened! HSBC have sent me a letter stating that they will, i quote!

 

'If the position continues for 28 days or more from the date of this letter, we will register the details of the default including your name and address with relevant credit reference agencies'

 

Marvelous! So the fact that the account is with the courts awaiting a decision just happens to have been forgotten! I assume, im no legal expert that they can not do this?

Edited November 11, 2009 by iiyama66

[BankFodder]

Has a court case been started?

I asked you this about 3 months ago and you have never responded.

 

If you want help then you need to asnwer the questions we ask you.

[BankFodder]

You say that it is with the courts. If this means that a claim has ben started then who sued who, for howmuch and on what basis

[iiyama66]

BankFodder,

 

I have taken them to court, as from the 18th Sept a Judge Hayes has ordered the claim is 'stayed' until 18th Jan 2010. I initially started the claim in August 2009.

 

My claim is for £1800, bank charges. The amount I owe HSBC is £950, mostly charges, they continue to apply them even though they shouldn't.

 

To be fair I have answered the questions that have been asked, many have offered advice, particularly johnnymitch, if you look through the thread you will see this.

 

Thanks in advance for any advice given.