Jump to content


  • Tweets

  • Posts

    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

HSBC - Agreement and Default Notice


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4972 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi there! Just a quick piece of advice please have had a final notice from my CC company and was wondering if you'd look over the DN and the final notice for me, have been told that the DN is invalid. And would like your opininon on them and advice on what to do next as their doing the usual threats by the 26th of this month etc!!!

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/tn.jpg

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/dn.jpg

 

Thanks in advance for your help chaps!!!

Link to post
Share on other sites

  • Replies 123
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi there! Just a quick piece of advice please have had a final notice from my CC company and was wondering if you'd look over the DN and the final notice for me, have been told that the DN is invalid. And would like your opininon on them and advice on what to do next as their doing the usual threats by the 26th of this month etc!!!

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/tn.jpg

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/dn.jpg

 

Thanks in advance for your help chaps!!!

 

I received the exact same documents (minus your information obviously!). This is what I sent after advice from Diddy Dicky, Pinky and Babybear:

Dear Sir

 

RE: Credit Card Number xxxx xxxx xxxx xxxx - Account in Dispute

 

I refer to your letter of the xxx xxxxx 2010.

Your letter is a clear intention not to perform under the agreement as you have asked for full repayment of all sums outstanding. This is an unlawful repudiation on your part. I therefore accept your repudiation and am now relieved of any obligations that existed under the agreement. For clarification I refer you to Sections 87 and 88 of the CCA 1974.

 

Kindly advise me of the amount of arrears that were genuinely outstanding at the time of your unlawful termination, against which I may have a counterclaim for damages.

 

I trust that this is satisfactory but if you require anything further please do not hesitate to contact me.

 

Yours faithfully

 

Broooooooooooooooooooooooooooooooooooooooooooooooooooooce

 

 

This is a letter I fettled myself so it may not be perfect!

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

Link to post
Share on other sites

And how did they take that little piece of information? Not well i gather? Have phoned them and offered reduced payments etc which they basically said no to bless em!!! CCCs have offered to help with settlement but no way all 4 card companies are going to let that go for 10yrs till it's paid? Or am i better off letting it go to court and still pay over 10yrs?

Link to post
Share on other sites

And how did they take that little piece of information? Not well i gather? Have phoned them and offered reduced payments etc which they basically said no to bless em!!! CCCs have offered to help with settlement but no way all 4 card companies are going to let that go for 10yrs till it's paid? Or am i better off letting it go to court and still pay over 10yrs?

 

No idea how they've taken it - only sent it last week. Sent same letter to Co-op a few months back and a copy to Fredericksons (who the Co-op sold the debt to) a the start of February- All quiet on the western front at the moment but who the hell knows!

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

Link to post
Share on other sites

Wish hsbc and mbna would understand that principal! but seriously which way should i go, i do value the opinions of the people on here! Dmp with cccs or try and get hsbc's written off? etc etc i know ultimately it's up to me but it's nice to have some people in my corner for a change..

Link to post
Share on other sites

Wish hsbc and mbna would understand that principal! but seriously which way should i go, i do value the opinions of the people on here! Dmp with cccs or try and get hsbc's written off? etc etc i know ultimately it's up to me but it's nice to have some people in my corner for a change..

 

If folks on here are right, HSBC does seem to have made a balls of it. S.87 / 88 of the CCA does say you must be given 14 days after service - that must make yours and my DN defective. Diddy dick gave an excellent explanation as to why them then asking for the full balance is an unlawful repudiation. Basically he points out that the principle benefit you enjoy on a CC is the the credit, the ability to pay them back over a period of time. So by asking for all there cash back they've taken away the principle benefit you enjoy from your agreement / contract. They've repudiated there part of the agreement.

 

I've been trying to agree F & F's with HSBC & MBNA but they aren't biting at 15%. I just hope that more cock ups they make the more ammo it will give me to force their hand. Some would say don't pay HSBC a penny until they accept that all you owe is the arrears as at the date of the DN. It each to their own but you are in a stronger position now then before you got the DN and Final Demand.

 

A dmp with CCCS could be the way but remember CCCS are paid a commission of 11% by your creditors and will not be interested in anything to do with enforceability or dodgy DN's - they will only be concerned with your income and expenditure and ability to pay. It all depends on how cut out for all this stuff you are - the constant toing and froing is not for everyone.

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

Link to post
Share on other sites

Haven't got it in writing as yet that they are terminating the account, just the final demand for the entire amount plus charges, which people think is the same thing.. will continue to pay my paltry 50 pounds a month to them whilst this is going on or should i drop the amount! No wonder cccs were very keen to arrange this then, didn't realise they were getting paid by them figures really.... So should i send of that little letter you posted as is, and then take it from there? As they've treated me like cr@p i may as well try and throw a spanner in the works? Do i phone them or not? Oh and i'd better not sign it? or use altered signature?

Link to post
Share on other sites

Hopefully they are terminating the account by doing what they are doing, but should i fire off broooooce's letter to put the account into dispute? and still pay off money towards the said debt or not? Thanks for your help!!!

Link to post
Share on other sites

May be worth a go just to see how they like it, not that they will lose any sleep over it unlike i have!!!! So is broooce's letter okay to send with my details obviously!!! And i keep reading not to sign it? i'll just print my name?

Link to post
Share on other sites

Hi Brooooce! Just a quick note please will use your template letter! Do i address it to the wonderful miss packwood? and send it to the address on the letter? And did you send it recorded or special delivery? Will post it tomorrow and hopefully put spanner in their works!!! thanks in advance

Link to post
Share on other sites

Hi Brooooce! Just a quick note please will use your template letter! Do i address it to the wonderful miss packwood? and send it to the address on the letter? And did you send it recorded or special delivery? Will post it tomorrow and hopefully put spanner in their works!!! thanks in advance

 

I confess I sent mine my normal post with proof of posting. I'm pretty damned sure that those feckwits will ignore it and argue the toss. But at least I have a proven paper trail should they attempt to issue a new DN.

 

Have you CCA'd and SAR'd them? If not you really should. My HSBC agreement (that's a laugh!) did not contain the PT's so I beleive it's unenforceable, which is also the opinion of our solicitor who wants to act for us on no win no fee. I'll keep posting up my progress (or lack of it!) so that you know what I'm up to. I haven't paid them a penny for over 6 months.

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

Link to post
Share on other sites

So send the letter! then request my cca or sar? cos the deadline is 26th april before the next set of threats!!!

 

Yep. But do them as 3 separate letters. I'm sure you'll get some other nonsense off them on the 26th - just hope its a formal termination notice, to add to your collection and paper trail.

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

Link to post
Share on other sites

So send the letter! then request my cca or sar? cos the deadline is 26th april before the next set of threats!!! Ans should i then stop payments to them, or just pay a token amount? Lol how many phone calls and letters are you getting every week?

 

Just seen a post on Invalid Default Notices - have you CCA'd and SAR'd MBNA as well? I'm just about to send another letter to some numpty claiming to be Vice President of MBNA Europe - been waiting almost 300 days for a reply to my s.78 request - the statute says 12 days! On one of my cards they confirmed they had no agreement and blamed my old building society.

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

Link to post
Share on other sites

No not as yet with mbna! they started off really bad then settled down once they knew my situation but i don't expect it to last but will send them a cca and sar letter whilst i'm about it!!! With hsbc should i wait till the 26th? or send em beforehand? And who and where do i send em too? Please... Your being a great help! As i've said i don't mind paying it all off it's the way they ignore and threaten you!! So may as well play em at their own game, worst case i still end up paying only what i can afford... best case i get nearly 20k wiped off!!! What was the post about with the invalid dn notice?

Link to post
Share on other sites

No not as yet with mbna! they started off really bad then settled down once they knew my situation but i don't expect it to last but will send them a cca and sar letter whilst i'm about it!!! With hsbc should i wait till the 26th? or send em beforehand? And who and where do i send em too? Please... Your being a great help! As i've said i don't mind paying it all off it's the way they ignore and threaten you!! So may as well play em at their own game, worst case i still end up paying only what i can afford... best case i get nearly 20k wiped off!!! What was the post about with the invalid dn notice?

 

Send everything to HSBC, 365 Chartwell Square, Southend-on-Sea, Essex, SS99 2UU.

 

For the CCA - FAO Patricia Govier, Customer Resolutions Manager

For the SAR - Data Subject Access Requests

 

I'd send the letters now - the sooner you do the sooner they'll reply.

 

Regrettably my morals have moved on somewhat since I started all this last year. I'm only going to pay what I'm legally obliged to and then only what I can afford - I'm not going to be bullied by these legalised crooks!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices-108.html#post2889474

 

His comments about MBNA are interesting. I also read a thread last night about another MBNA case

 

http://www.consumeractiongroup.co.uk/forum/mbna-successes/210580-mbna-write-off-10-a.html

 

Interesting reading!

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

Link to post
Share on other sites

Have you had the 'we are an American bank so UK law doesn't apply to us' yet?

 

Not yet! Can't wait for that one!

 

MBNA are being quite nice - agreed hardship, frozen interest and charges, requesting token £1 per month (which I won't be paying). A bit confused about why they are being nice - I wrote advising them that I am a certified fruit loop (or so a psychiatrict report says!) but also they admit no agreement on one account and the other is even older (late 80's). Who knows?!

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

Link to post
Share on other sites

Ah, there may lay your answer. OFT guidlines and CSA codes of conduct state that CCL holders and CSA members must treat people with illnesses and disabilties as vulnerable ;) So you're getting the VIP treatment to enable them to continue trading and boast that they're a member of the big boys club :D

Link to post
Share on other sites

Ah, there may lay your answer. OFT guidlines and CSA codes of conduct state that CCL holders and CSA members must treat people with illnesses and disabilties as vulnerable ;) So you're getting the VIP treatment to enable them to continue trading and boast that they're a member of the big boys club :D

 

Hoorah! I did recently get Crap1 to accept at 15% f & f - which I suspect is again on the back of the fact that I'm a marble or two short.

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

Link to post
Share on other sites

No not as yet with mbna! they started off really bad then settled down once they knew my situation but i don't expect it to last but will send them a cca and sar letter whilst i'm about it!!! With hsbc should i wait till the 26th? or send em beforehand? And who and where do i send em too? Please... Your being a great help! As i've said i don't mind paying it all off it's the way they ignore and threaten you!! So may as well play em at their own game, worst case i still end up paying only what i can afford... best case i get nearly 20k wiped off!!! What was the post about with the invalid dn notice?

 

A new letter hath arrived from HSBC (which I guess is what you'll be getting on the 26th). Blah d blah '..as I've not responded to their FINAL DEMAND letter my account is now due for placement with a specialist DCA.' Yippee! Contact us to avoid this etc etc. No timescale before instruction of DCA. Usual crap. Bring it on!

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...