Little old me V HSBC - Claim form now received

[lord_tiger_putin]

Sorry, it was a CCA request

[bilious]

no worries ltp it's nice to have some input on this thread, seems your at the same point as me at the moment.. lol

[Old Cogger]

Hee hee .....sounds to me like DG Sols are moonlighting .....

 

as for DG , I'd send them a copy of the UR letter you sent HSBC and tell them it's a matter which is 'In Dispute' at the moment ....... awaiting a reply from HSBC .....

 

You could be cheeky and invite their comments/advice on where to go from here.. (given their waffle on the above link ........ )

 

Like the last comment.......

[lord_tiger_putin]

Just made a search on the PPI successes thread regarding HSBC, seems they are one of the easiest to roll over , could fine any failures:oops:

Here is a summary:

--------------------------

olivia4 11th June 2007 12:04

Re: PPI Successes

My loan with HSBC had £3,500 added to it upfront for PPI insurance. I complained about this albeit one year later that I believed I was mis-sold this insurance as I was never given the option to take it up or not and that I was not asked about any medical conditions. I was approached by the bank that they would cancel the PPI but I would have to take a new loan out at the rate of 11% (whereas the original loan was 4%). I complained about this and lo and behold I have just received a letter returning my premiums with interest and I can take out a new loan at the original rate. Success!!!!!!!!!!!!!!!!!!

I was yes, in financial cash flow difficulty at the time. But, I was in full time employment and my employment contract meant I would be paid for 6 months on full pay if I was sick and 6 on half pay. I think I was mis sold as I don't believe (now admittedly) that I would have taken it out if I was not told it was a condition of the loan.

--------------------------

TwinsMum1 15th November 2007 11:32

Re: PPI Successes

Will now post in the correct forum. Have had success with HSBC claimed back £2300.00 in PPI, quite easily I have to say. Good luck to everyone else. Full story on my original post. Happy Happy.

--------------------------

Demtootief 10th May 2008 21:07

Re: PPI Successes

Hello All,

Good news again!!!! I have received an Offer letter from HSBC for PPI totalling £9,921.80 to be paid into an account of my choice as I no longer have an account with them.

--------------------------

bb23 25th July 2008 11:49

Re: PPI Successes

I just won my PPI Claim against HSBC. £1,166 is on its way back to me. I sent my first letter 6 weeks ago, had a contact letter at 4 weeks saying investigating and my offer letter came through yesterday.

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Demtootief 10th August 2008 01:39

Re: PPI Successes

Well done BB23 HSBC was one of the more easier financial institutions that have refunded PPI to me!!!

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magiciansgirl 23rd March 2009 11:51

Re: PPI Successes

Hello all

Delighted to tell you I will be getting £4023.76 in PPI premiums back from HSBC plus £807.74 interest at 8%. They have also recalculated the loan taking into account the interest on the PPI and there is now only £78 left to pay....

I wrote one letter only, and heard back within 5 weeks. They have admitted fault; I had Critical Illness Protection and Income Protection and was self-employed when I took the loan out, so they have basically rolled over. Still, I was pretty nervous about taking them on as I have my whole financial life with them. Fantastic result for the price of recorded delivery postage! :grin:

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dec22 24th June 2009 11:09

Re: PPI Successes

I helped a friend claim her PPI from HSBC and she was successful. Once she had signed the acceptance form, the branch rang her to come in and sign a new loan agreement without PPI. Same terms and conditions and her payment was lower because of the removal of PPI. They then refunded the PPI payments already made into her bank account within 3 working days. The acceptance asked for her bank account details (any bank) but you should be able to request a cheque.

Good luck!

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guzzleguts 30th June 2009 14:08

Re: PPI Successes

The post has just been and HSBC have Made an offer that is acceptable, but there is a catch, they want me to agree to them restructuring the loan IE. new agreement is that normal or is that a little bogus?

GG

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Thermopolese 8th July 2009 10:00

Re: PPI Successes

Won a case against the HSBC for mis-sold loan protection, took only 1 letter and a full 8 week wait, but they coughed up in full (plus interest) to the sum of £2443.29!

Am now using that cash to pay off the remainder of the loan and free myself up and extra £254 a month from my wages!! Happy days!! :D

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magiciansgirl 8th July 2009 10:01

Re: PPI Successes

Great news. I won re HSBC too and it cleared the loan and gave me £376 a month extra. Lovely feeling!

Re: PPI Successes

I have received an offer back from HSBC on several loans dating back to 1999, the acceptance of their offer has been posted today, all of these loans had PPI attached so, thanks to all that helped on making this possible ( especially Alanalana & Pompeyfaith )

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cfcboy 8th October 2009 12:00

Re: PPI Successes

Another win here - £300 from HSBC. Now M&S and Egg still to go

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RemarkLima 13th October 2009 15:10

Re: PPI Successes

One letter to HSBC myself, for a loan with missold PPI, and after 2 letters saying we need 4 weeks to investigate (so 8 weeks in total) they said, while not admitting liability (of course) that they're going to refund it all, so it's all been refunded plus the 8% interest.

As the PPI was all calculated at the start of the loan along with the loan interest all the numbers seem to stack up.

So good news and once again, thanks for all the help!

[lord_tiger_putin]

Hee hee .....sounds to me like DG Sols are moonlighting .....

probably necessary for them during these difficult times ... (do not mean the current economic climate!)

[bilious]

As i've said earlier in the thread i can't believe someone as big as the worlds bank can mess up with an invalid dn and payment in full they must be so full of themselves that they don't care? as soon as dg get involved i'll send the account in dispute and see how that fares...

 

Just had another letter from metropolitan today if i don't pay full amount within the next 24hr we "may" pass it on to DG solicitors etc you "may" have ccj etc all the usual threats.... Should i point out to them the accounts in dispute etc of wait till dg get involved?

Edited July 14, 2010 by bilious

[lord_tiger_putin]

As i've said earlier in the thread i can't believe someone as big as the worlds bank can mess up with an invalid dn and payment in full they must be so full of themselves that they don't care?

 

Don't you love it?!?:grin::) Shooting themselves in the foot like that!

 

I think DG's actually lifted the gun higher and aimed it at their head!:grin::grin::grin:

 

I had a current account with HSBC, went over the limit with about $900.00 (how dare I!), it contained probable $1900.00 theft charges and then the loan of around £5700.00 went South! Now, friend DG's send me their third letter that HSBC will take me to court now that I haven't listen yet! The thing I spotted is that poor old DG's got the loan amount right (included the PPI I am claiming back) but they have my current account number on it!;-) Surely they will be a bit red in the face if they take me to court and I demand to see where the amount on the current account comes from! Surely, HSBC could not have closed the loan and added it all to the current account and also not telling me!?

 

Also I am waiting for a SAR so that I can calculate the theft charges, PLUS the interest on it, something I have seen on a link from CAG. So taking me to court asking the loan amount on the current account number while that has been filed at court by me for the charges will make life comfortable for DG Poor Souls:p

[bilious]

Got to love em eh! Not had the pleasure of dg as yet!!!! but have six years off ppi on my credit card i should look at? seeing as they cancelled the ppi on me after i missed two payments and made reduced payments etc... they sent me my cca which was pointed out it satisfies my request but it wouldn't stand up in court but not sure why??

[lord_tiger_putin]

As i've said earlier in the thread i can't believe someone as big as the worlds bank can mess up with an invalid dn and payment in full they must be so full of themselves that they don't care? as soon as dg get involved i'll send the account in dispute and see how that fares...

 

Well it is a legal document and therfore a "legal someone" must have drawned it up. I assume the logic choice will be their in-house solicitors, wonder who they are .... ?

 

From another thread it seems that they have the nick of combining different account into your current account, without telling you ....

 

well they offered me to have itemized printouts from the local branch .. will do that later to see what they are up to ..

[bilious]

Cheers LTP! Next question for you, or whoever can answer it with the invalid DN and then the payment in full demand. I sent the UR letter is it true they can now only get me for the interest at the time or can they still go for the full whack? I mean from a legal standpoint am i wasting my time or if i stick to my guns what can they really chase me for?

[babybear39]

If the DN is faulty all they can go for if they terminate the account or demand payment in full, is the arrears at the time of the defective DN.

[lord_tiger_putin]

Cheers LTP! Next question for you, or whoever can answer it with the invalid DN and then the payment in full demand. I sent the UR letter is it true they can now only get me for the interest at the time or can they still go for the full whack? I mean from a legal standpoint am i wasting my time or if i stick to my guns what can they really chase me for?

 

I remember people debated what they can ask, the arrears when the DN was issued or the arrears when the account was terminated (by you), certainly not the whole caboodle!

 

To me, that doesn't really matter, they will try for everything anyway and you (me, or every one been "hurt") must go for compensation for them "hurting" us, the arrears should be a good settlement for their being so inconsiderate. So, you either attack them first by asking for damages or you wait for their move to ask for everything, admit to the arrears only and launch your counter claim.

 

I have read a lot of these threads and I know people have been to court about them asking the whole amount on a faulty DN and have won but it seems that the claim for damages hasn’t been tested by anyone posting here yet (could be wrong!) but there is case law for it.

 

My situation had an “interesting” development, I went into a branch and ask for statements of my loan and current account. Apparently only the current account has been passed to Metropolitan as far as the lady could see. No mention of any accounts being merged, as was the case with someone on another thread. So, I do not where DG Sorry Souls get their mix up from!

[bilious]

Ahhhh! That's why they've been a bit quiet as of late? Thanks babybear... Oh please please let mbna do the same lol, cos their Dn is faulty too by the look of it....

[lord_tiger_putin]

87 Need for default notice

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e) to enforce any security.

 

Dodgy DN = No DN

 

Thereofre, no DN, no termination allowed. If they terminate without a DN then they cannot demand earlier payment of any sum (amounts not due at that stage, the arrears, however, were due and they can demand that).

[bilious]

Will have to get the dn out and look how much was interest at that time? think it was about 800 pounds maybe less.. but payment in full came cple weeks later will have to check on em. So realistically they can chase me for the 800 pounds or so? And not the 9.2K? Whoops for hsbc methinks... My dn notice and payment in full are on this thread page three i think, can you have a quick gander and let me know? Vint says it's invalid but do like 3 or 4 opinions...

[lord_tiger_putin]

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor under section 87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section 88 before taking certain action by reason of any breach of the agreement by the debtor) shall contain--

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

(b) the information set out in paragraphs 1 to 3, 6 and 8 of Schedule 2 to these Regulations; and

© statements in the form specified in paragraphs 4, 5, 7[, 8A] and 9 to 11 of that Schedule.

 

SCHEDULE 2

FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY

1. Details of agreement

A description of the agreement sufficient to identify it.

2. Parties to agreement

(1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

3. Details of breach of agreement and action required to remedy, or pay compensation for, the breach

A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date not less than fourteen days after the date of service of the notice, before which that action is to be taken;

2. Under the Interpretation Act 1978 Section 7, it states:

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

2. Practice Direction

Service of Documents - First and Second Class Mail.

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1). Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2). To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3). Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4). This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

8th March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

3. Further to point 2 above, CPR rules on service also state the required timescales to be given for serving of documents :-

Under CPR 6.26 First class post (or other service which provides for delivery on the next business day) is deemed to be “served” The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day.

[lord_tiger_putin]

This is the requirements. The important part for you is:

not less than fourteen days after the date of service

Date of service:

on the second working day after posting

 

Even if they posted it on the day on the notice, the date of service is 2 days later.

 

The number of days between the date on the notice + time for service and the remedy date is 12 days, 2 dyas short, which makes it invalid

[lord_tiger_putin]

The point what the person who drawn up the DN for HSBC missed is the fact that the law allows you to have 14 days to your disposal to remedy the alleged breach, and not 14 days since they issued the DN.

 

Say, it takes 5 days to reach you (or more, say there is a postal strike), then you are at a severe disadvantage if it was 14 days from date of issue. Therefore the 14 days start when it came through your letterbox.

[bilious]

Thats what i thought with the timescale! The earliest i would have got that letter irrespective of first class post would have been at least the 7th!!!! Still waiting for anymore letters to arrive so will keep you forgive the pun posted!!! Thanks for easing my mind somewhat....

[lord_tiger_putin]

I will probably be able to "test" it befor you do!!

[bilious]

Be interesting to see what happens to both of us? As i've said before absolute worst case, is they favour the banks and then i can pay only what i can afford over x amount of years.....

[babybear39]

How about 1p per month for a zillion years

[lord_tiger_putin]

I hope that is not what HSBC will be offering paying when I get them to pay for "hurting" me...

[vint1954]

I think it gets better, the DN was invalid. I had just started to look at the PPI. The amount of PPI I paid plus interest could be very close or even more than the amount of the arrears on the DN! This means that when the DN was issues, I was actually not in arrears! I assume this is correct.

The amount owed by you at the time of Unlawful rescission, can only be determined at that point. So the point at which you accept their repudiation of the agreement, is where you need to base your figures on. Further interest can accrue between the issue of a Default Notice and your acceptance of UR

 

UR by a creditor, can only be accepted once they act further to recover the full ammount outstanding or terminate an agreement, following a defective DN.

[bilious]

I like your style babybear, wonder if it ever gets to court will they accept that lol? And thanks vint for your input as well, still nothing in the post from metropolitan or anyone else wonder what the b$ggers are up to?