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HSBC Overdraft


Dinkjames
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Hello everyone. Hope you can help

 

Background:

 

I have an overdraft of £900+ with HSBC taken out in 2002.

There are just over £600 of unfair charges on the account.

I did a SAR in May 2009 and got a full response.

In June 2009 I sent the Prelim letter and LBA letter. The response was the standard one about investigating the claim and the Test Case.

Up until November 2009, I was paying £40 per month. HSBC then closed the account and the Standing order was returned. I made no further payments.

In December 2009, I got a letter from HSBC saying they had won and would not be refunding my charges.

 

From January onwards, I have been receiving various letters from Metropolitan Collection Services and Central Debt Recovery (the internal collectors) I just ignored the letters.

 

The account has now been handed over to Wescot for collection. I have written to HSBC using the template letters on here, requesting they write off the debt due to low income (benefits) and poor health. They have replied that my offer is not acceptable.

 

Today I received a letter from Nelson Guest and Partners demanding full payment or else!!! :(

 

Any ideas on how to proceed? I don't want this ending up in County Court if I can help it.

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Dink,

 

IMO I would send a CCA s78 request off to the last chasers of the debt asap, they'll state it isnt covered by the CCA but they're wrong... overdrafts ARE covered by CCA and they have specific information they have to respond with.

 

If it does ever get to court, if you are on benefits then a token amount would be applied if you have no further assets.

 

S.

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Thanks for the advice. I have sent them the CCA request and am waiting for a response. Will keep this updated.

 

How do I respond when they tell me it is not covered by the CCA?

 

Thanks for your help.

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Thanks for the advice. I have sent them the CCA request and am waiting for a response. Will keep this updated.

 

How do I respond when they tell me it is not covered by the CCA?

 

Thanks for your help.

 

They will say... "Current accounts are not covered by the Consumer Credit Act".... and of course this limited response is correct... Overdrafts however are....

 

So you just need to reply back thanking them for responding but that overdrafts are covered by the CCA and that you expect your response forthwith.

 

S.

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I would just remind them that whilst the request is outstanding then it's unenforcable. After that do nothing, its up to them to provide what you asked for not for you to chase them for it.

 

I might be wrong so if I am, someone please correct me :)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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I there what is a CCA s78 request? I have a similar situation and was just wondering. And how does it differ to a CPR letter?

 

Apologies for hijacking the thread.

Edited by floricita
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There you go floricita ........this link explains a s 78 request ....

 

http://www.consumeractiongroup.co.uk/forum/general/72330-ss-77-78-cca.html#post624809

 

A CPR(Civil Procedural Rules) request is a bit stronger , and usually only necessary if court action is imminent ........ IMHO - no doubt someone will correct me if I'm wrong ... :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Thanks Johnny.

 

I don't want to hijack this thread but I'm sure that info is useful to others as well.

 

Just in relation to my case (maybe better to discuss on my thread) i sent the SARS letter to hsbc ages ago and they gave me a list of charges and statements but didn't give me a copy of any signed agreement or the original t&cs of the contract, just a standard copy of an hsbc current account agreement and this was a student overdraft agreement which had specific stipulations at the time.

 

Not sure if its possible to still get this info because I no longer have my copy.I also wondered if they over time changed the t&cs of the original agreement?

Edited by floricita
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A CPR(Civil Procedural Rules) request is a bit stronger , and usually only necessary if court action is imminent ........ IMHO - no doubt someone will correct me if I'm wrong ... :)

 

In the main ur right johnny, however a CPR request can be used at pretty much any time during the request procedure. However if u DO use it then you really should be prepared to go to court :)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Hee Hee ! Thanks Rayne ... that's exactly what was trying to say ......

 

you put it so much better :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Floricita , if they are going to take you to court ,, they have to supply you in advance with ALL the documentation that they intend to rely on in court ....... so , if you don't have the info ......neither do they .... a judge would certainly be unchuffed if they introduced stuff that they hadn't provided you with .......

 

If they threaten you with court .....do a CPR request and also point out to them what I've just said above ........also if they don't have what you are requesting they are duty bound to tell you in writing ....

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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That's right floricita, and if you've requested them they have to tell you(in writing) if they haven't got them ..........

 

 

OOps ! sorry dinkjames ...... didn't mean to hijack your thread .... :oops:

Edited by johnnymitch

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hee Hee ! Thanks Rayne ... that's exactly what was trying to say ......

 

you put it so much better :D

 

 

hehe nps :) and good to see u again :)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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