HSBC - Agreement and Default Notice

[brooooooooooce]

Tip top! Will let you know if anything rears its ugly head!

[bilious]

The link takes me to a REPLY posted by you. No worries...We need to get you a thread of your own where you can get detailed help tailored to your particular situation

 

Take a look here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html and then post back the link to the thread that you start

 

 

Hi babybear just opened my own little thread so hope you can help me there? Thanks in advance..

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/259027-little-old-me-hsbc.html#post2919980

[bilious]

Have been on to internet banking and removed all my phone numbers from there broooce they'll just have to post it to me now. as all the numbers they ring me on i save and put em straight to answer phone is that okay buddy? And they still seem to be adding interest and charges to the card will i have to pay all that as well lol?

Edited May 10, 2010 by bilious

[brooooooooooce]

Very good, I've done the same. But TBH the Truecall gadget is brilliant, don't care if they ring my mobile, I just answer and leave em hanging, but the home phone calls used to p**s me off.

[bilious]

not sure if they've had our home number they've never rung us here and specified that they never ring it etc it's ex directory but suppose that won't stop em...

[brooooooooooce]

Truecall thing is just something to remember for the future

[bilious]

i will do buddy, the first sign of them phoning my home number, i'll fire that letter off for harassment. then go and buy that truecall have had 5 calls already today... bless em do wonder what they want tho!!

[bilious]

All quiet on the western front here broooce!!! How's your end getting on? Since i removed my phone number from online banking phones been very quiet, still not heard anything about that acceptance of their final payment etc!!!! was a bit low yesterday (understatement...)

[brooooooooooce]

All quiet on the western front here broooce!!! How's your end getting on? Since i removed my phone number from online banking phones been very quiet, still not heard anything about that acceptance of their final payment etc!!!! was a bit low yesterday (understatement...)

 

Why were you low yesterday?

[bilious]

just the thought of how much i owe buddy, and to just bite the bullet and pay it all up, take ten years tho. if and big if they stop interest and charges...

[brooooooooooce]

just the thought of how much i owe buddy, and to just bite the bullet and pay it all up, take ten years tho. if and big if they stop interest and charges...

 

The route we are all going down can make you p**ed off some days - but our creditors know this and will use it to there advantage. It's not for everyone and personally I would rather negotiate low F & F's with my creditors (which is bloody hard to do!). My only success to date is a 15% F & F with Capital One.

 

I was watching the news last night and they were talking about changing the voting system to a fixed 4 year term of office. To facilitate this (because it is so fundamental) they will need a new Statute, an new act of parliament. Sometimes I think we forget just how powerful the CCA 1974 is (or should be) and we have it on our side. We shouldn't lose sight of that - it is not us that keep ballsing up the paperwork.

 

One thing I would say is if the process is getting you or your wife down (if it is affecting your mental health) do not hesitate, get straight to your GP and get it on your medical records and if necessary take whatever medicine he prescribes! I've been there, a total fruit loop (according to a Consultant Psychiatrist), debt can be a killer.

 

Finally, remember if they take you to court and IF (could be a big IF) they get a judgment, the judge will only order you to pay what you can afford. Only if you don't pay in accordance with his order should you have to worry about bailiffs and charging orders and **** like that.

 

Chin up.

[bilious]

Cheers buddy! Good to have someone in my corner!!! As i've said, mbna have been okay with me only because i've been ill etc (so i'm vulnerable it seems.) hsbc don't give a flying.....i've settled down more now because of you and this site it amazes me how much the laws on our side here cos all they can really do is threaten you and thats all it is empty threats.....

[bilious]

Western fronts just started lol... in the post today mbna blah blah account seriously in arrears even though i've supposedly been put on the hardship etc with them (failure to rectify this matter may involve putting a dn at the cra!!!) thought they'd already done that muppets.... call us on etc like yeah i'm pretty low so i'll phone a premium line to get hassle off you no thanks.....

[brooooooooooce]

Standard automated BS. Ignore it. You could send a screamer off to Gail Powell, Vice President MBNA Europe (she has apparently written to me on 3 occassions) - have a good old rant about your fragile mental health and how they are driving you nuts by not doing what they say they going to do. Or you could ignore it! I have days when a good rant makes me feel better and or more rational days I'll ignore it.

[bilious]

3 occasions!!!! Shows it's all automated bull!!!! usual stuff about it possible being registered with cra etc and in bold "it's not too late to stop this from happening..." (errrr durrrrr it is on your side...) yours etc paul campbell bless him just hope they give me a dodgy final demand now cos i think their dn is wrong will have to put that up for you to take a look.... Cheers for the support broooce!!!

[bilious]

Hmmm! must be in suspicious frame of mind now, just had a call to my home number came up unavailable so answered it anyway said hello and phone was put down... Probably nothing, but you do sort of wonder lol....

[bilious]

Hi brooce! just checked my phone and have nine missed calls from hsbc yesterday from 1 o'clock onwards have it set up on my mobile that all the collection numbers that have rung me go straight to answer phone!!!! Not one message, so how come they desperately want to talk to me but won't leave one message? and do i talk to them or just insist on letters only? thanks in advance.

[babybear39]

Writing only unless you can record the calls

[bilious]

Thanks for that babybear, been very quiet as of late no more calls, guess it's going to be the solicitors letter next? Trying to lull me into false sense of security no doubt!!!!

[Docman]

Hi brooooo

 

I'm battling with HSBC as well and reading a number of threads where the bank have star billing. Many claims involving other banks involve some form of application form being used by the bank as a credit agreement and therefore there are some grounds for a dispute.

 

Most of the cases involving HSBC do NOT have a credit agreement or anything like it. The bank seems to rely on a blank 'signature' page from a tear off pad and then various 'terms & condition' leaflets. Your case is different in that it is the only one where I have seen some form of signature on a document. Your 'agreement' is only an application form as has been advised earlier but you may have a fight on your hands.

 

I could not make out if your application form is from 2001 or 2006. If it is the earlier, then it is unusual. If it is 2006, then it could be that HSBC woke up and started to at least have application forms completed. Can you confirm whether the date is 2001 or 2006?

 

many thanks, doc.

[brooooooooooce]

Hi Doc

 

Thanks for your post.

 

Yeh I agree HSBC do seem to be one of the more difficult card companies to deal with. Been trying for over a year, but mostly get the same BS standard response letters.

 

My agreement was taken out in June 2004 before the 2006 amendments. I also believe I have a defective DN as no allowance was given for service of the document, so I had insufficient time to remedy. I've accepted the repudiation and they have terminated the agreement. The dodgy DN seems quite a common thing with HSBC. My other cc 's all gave a few days on top of the 14 to allow for service but HSBC just gave me 14 days from the date of the DN.

 

Impossible to get any kind of response from them concerning the dodgy dn or whether the agreement contained the pt's (only that they were in some separate t & c document).

 

Looking at other threads it does seem they are dealing more aggressively and issuing against people. I'm planning (following the stuff about bank complaints from the FSA last week) a nasty letter to the CEO. Probably a waste of time but it did kick MBNA and Barclaycard into gear.

[Docman]

Thanks broooooooo

 

you're right that HSBC are difficult to deal with. They are not nasty or rude like a number of DCAs. The problem seems to be that they are so stupid (I call their in house legals Dumb Goofers because they mess up and they can't do things properly) coupled with limitless financial resources. The result is that they don't have to take a 'commercial view' of a settlement that other creditors may adopt and just go on relentlessly.

 

A letter to some high ups may help but I believe the main board is so torn at the moment, they may not care!

[brooooooooooce]

Another letter today from DG. How come a letter dated the 13th only arrives today. 8 days later. What postal service do these people use?

 

Anyway, a little different to previous ones. Now they are offering me a reduced settlement (80%) and saying if I don't do something they will pass the matter to a debt collection agency. Previously its been 'we may take you to court' but now its 'we've been asked by our client to instruct a DCA.'

 

Any thoughts? Having read many HSBC posts on here I assumed their next move would be to issue against me.

[unclebulgaria67]

Many companies now use bulk mail companies like TNT who don't collect everyday and then they are delivered to post office sorting centres, for the posties to deliver.

 

In regard to HSBC offering a 20% discount, I note from your previous post you were trying to settle with them with an 85% discount, so quite a few miles apart. I can't see them reducing the discount by much, so looks like you will have to see how the DCA's handle the debt. Surely if they are threatening to use a DCA, they don't appear to want to go to court at the moment.