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HSBC Business LOan CCJ and Marstons Bailiffs


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"Does this have any bearing" ??????

 

YES IT DOES!!!!

 

The writ of fi fa is only valid for ONE YEAR. The writ EXPIRED on 14th April 2010 and it would sem that you have been making "voluntary" payments when you had no need to do so!!!

 

The question that you should now be asking are as follows:

 

How much have you received from me?

 

How much have you paid to the Judgment creditor?

 

When did you last make a payment to the Judgement creditor?

 

When did you last update the judgment creditor concerning payments made by me?

 

You might also want to ask them to confirm that they are now accepting payments without an authorised warrant!!!!

 

I would be FURIOUS!!!

Edited by tomtubby
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:-x Really ???

I feel totally stupid now, I just thought that once the payment plan was in place that was it written in stone and any default would have them storming through my front door to collect my furniture etc?

As per the inventory.

So in theory then my payments could just be going straight into Marstons account and they have no duty to pass this onto HSBC at all ? Therefore my debt will not/could not be getting paid?

I will write to them straight away asking for statements and will put your suggested questions to them.

Thank you.

Would I be within my rights to stop my payments until I have answers to my questions? Even if I just keep the money to one side in case they come back at me for the missed payments. The only thing is that all the letters I have ever received from them always finish with the threat of coming to collect my furniture etc if I do not keep up the payments!!!

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And of course you will be writing a similar letter to the Judgment Creditor asking questions.

 

Going back to your original debt - under what status did you trade, sole trader, partnership, ltd co etc. I also assume you knew of the original Court action prior to Marstons being involved? Do you have a copy of the goods which were seized when they visited - I note you keep mentioning furniture and it may be that the Notice of Seizure you have may only be worth Andrex?

 

Until we can see a clearer picture I would say keep paying as you are for now otherwise you may get tripped up and saddled with other unnecessary costs.

 

PT

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Hi we were trading as a ltd company however, HSBC insisted that we sign personal security forms for the invoice finance.!!!

Marstons didn't actually take anything from our house but just made an inventory. There were 3 company vehicles on the list (all gone back to lease company) and 2 personal cars. The rest was just white goods and soft furnishings, which would not fetch much at auction now I am sure.

I will mail off my questions today and let you know how I get on.

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  • 2 months later...

Hi

I have asked all the relevent questions of Marstons and to my surprise they have all the writs in place, they have supplied me with statements which all look ok. BUT the biggest surprise of all is that they have accepted a reduction in payment down to £50pcm, which I am very happy about.

So thank you everybody that came in and gave me advice, it really is appreciated.

It's not all good though as HSBC are now coming after me hard for the business loan. I have quite a few questions that I would like to ask CAG but not sure if I should ask them in this thread?

Thet are all to do with a business loan I took out with HSBC!!!

Please can someone advise me where to ask my questions if not in here?

Many thanks once again.

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Check out the subforums here as a first move

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?163-Debt-Action-Group

 

glad you got at least some of it sorted

We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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If you are expecting imminant visits from bailiffs then start another thread in this forum....if you want eagle eyes and excellent advice try posting the HSBC section of the banks forum, either way just post and the site team will sort out where they think you would the best result.

 

WD

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Hi

I have asked all the relevent questions of Marstons and to my surprise they have all the writs in place,YOU MUST ASK FOR COPIES OF THEM they have supplied me with statements which all look ok. BUT the biggest surprise of all is that they have accepted a reduction in payment down to £50pcm, which I am very happy about. What a surprise, you query the Writs and they get helpful and act totally out of character...ask yourself why?

So thank you everybody that came in and gave me advice, it really is appreciated.

It's not all good though as HSBC are now coming after me hard for the business loan. I have quite a few questions that I would like to ask CAG but not sure if I should ask them in this thread?

Thet are all to do with a business loan I took out with HSBC!!!

Please can someone advise me where to ask my questions if not in here?

Many thanks once again.

 

Quite easy to tell you the writs have been renewed but I would want to see them

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Hi

Thanks for the advice.

However, the data controller has told me that they have reached their final decision and that they do not have to supply me with all the requested docs as they are from a limited company!! Which of course they are as we owned the company. We have just been banging our heads against a brick wall for years now. SAR request after sar request just to be completely ignored. The judge was not even interested to find out that we had not received the info??

Wragge & Co have now said that the account that we are disputing does not form part of the their clients claim (HSBC), so the judge said that they had to send me statements from the loan account only. My hearing was at 1pm, by 9.30 the next morning I had a huge bundle of statements arrive from Wragge&Co. Wragge&Co also tried to get my defence struck out because my letter was not in the correct legal format and finished with a statement of truth! Very crafty indeed. Luckily the judge did not let them get away with that. But when I have got my defence together I have to present it in the correct format, whatever that may be?

The problem I have now is that they wont give me or dont want to recognise details from our business banking acc that will show serious issues regarding to HSBC's banking practice which in turn had a drastic effect on us being able to service the loan account (which is what they are after me for).

I am really at a loss as to what to do.

Any ideas or advice would be most welcome.

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Hi

I thought that I had posted a reply early in the week regarding my last court appearance, however, I cant see it so I can't hit the the reply tab, oohps!

 

My wife and I went to court and Wragge&Co turned up this time (they failed to turn up for last appearance), we had with us the letter from the FOB which stated that they were unable to come to a decision because it may conflict with the courts/judges direction, what a cop out?

We had a business acc, a loan account and an invoice finance account with HSBC, all linked to each other in one way or another. Wragge&Co have been very sneaky and are now only wanting to chase for the loan account now and are not willing to enter into discussions about any other account at all. But we need to collate all other acc information to be able to make our defence, we have submitted a SAR, our cheque has been cashed but no info has been sent. They just tell us that they do not have to send Ltd company information as it is confidential. We have complained to the judge about this but he was not interested at all with regards to the SAR?

We had submitted our defence as requested i.e. Explain what information we wanted and a full explanation as to why we wanted it (we had to do this for every point we were arguing). Wragge&Co tried to get this completely dissmissed due to the fact that it was not in the correct format i.e. legal speak and that it was not closed with a statement of truth. Fortunately the judge over ruled them but has said that our next defence had to be in the correct legal format and closed off with a statement of truth. (Can anyone please help me with the format I should use as I am not legally trained?)

The judge also stated that we were to be provided with statements from our accounts. Strangely enough at 9.30am the very next morning a bundle of stsatements arrived from Wragge&Co, however, these were only for our loan acc. What we actually require is all internal correspondance relating to our accounts as these will prove that our businees bank manager was acting illegally, out of banking business hours and incurring us thousands of pounds in charges. Because of these charges we were unable to transfer money to our loan account to reduce the loan.

This is a real mess I know and I don't think that we are going to get anywhere, so perhaps we need to try and put a repayment plan together? There has also been approx £35k worth of charges/interest added to the account whilst we have been in dispute.

If anyone can make any sense of this I would be very grateful of any advice that you could offer me.

Many thanks.

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I see where you say you had 3 accounts all linked to each other. Are they treating the whole as 1 single debt or as 3 separate ones? If the latter have they take action on each debt individually?

 

If you were asking as a Ltd Co for a SAR about them they should have refused and returned the £10 payment. However if you had to provide a personal guarantee then that is a different matter? Did you send the SAR to the solicitors or to HSBC? With the personal guarantees were there any other Directors involved?

 

PT

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They were going after all accounts but now they are just going after loan account. My guess is that they know that there has been some some "wrong-doings" but the loan account on it's own is pretty straight forward i.e. You had the money as per statement, so you have to pay back. No questions etc

 

I applied to HSBC for the SAR, they have not refunded the cheque.

 

The only other director was my wife.

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You don't appear thick at all, it's quite a complex situation to be honest!!!

They now have a 2nd charge on the property which they are looking to enforce and applying for a repo order.

 

I am not sure if the best thing to do would be to put together a repayment schedule for now and once thats in place then try and get the extra added interest removed from the account?

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My wife and I went to court and Wragge&Co turned up this time (they failed to turn up for last appearance), we had with us the letter from the FOB which stated that they were unable to come to a decision because it may conflict with the courts/judges direction, what a cop out?

 

 

We had a business acc, a loan account and an invoice finance account with HSBC, all linked to each other in one way or another. Wragge&Co have been very sneaky and are now only wanting to chase for the loan account now and are not willing to enter into discussions about any other account at all.

 

But we need to collate all other acc information to be able to make our defence, we have submitted a SAR, our cheque has been cashed but no info has been sent. They just tell us that they do not have to send Ltd company information as it is confidential. We have complained to the judge about this but he was not interested at all with regards to the SAR?

 

We had submitted our defence as requested i.e. Explain what information we wanted and a full explanation as to why we wanted it (we had to do this for every point we were arguing). Wragge&Co tried to get this completely dissmissed due to the fact that it was not in the correct format i.e. legal speak and that it was not closed with a statement of truth. Fortunately the judge over ruled them but has said that our next defence had to be in the correct legal format and closed off with a statement of truth. (Can anyone please help me with the format I should use as I am not legally trained?)

 

 

The judge also stated that we were to be provided with statements from our accounts. Strangely enough at 9.30am the very next morning a bundle of stsatements arrived from Wragge&Co, however, these were only for our loan acc. What we actually require is all internal correspondance relating to our accounts as these will prove that our businees bank manager was acting illegally, out of banking business hours and incurring us thousands of pounds in charges. Because of these charges we were unable to transfer money to our loan account to reduce the loan.

 

This is a real mess I know and I don't think that we are going to get anywhere, so perhaps we need to try and put a repayment plan together? There has also been approx £35k worth of charges/interest added to the account whilst we have been in dispute.

 

If anyone can make any sense of this I would be very grateful of any advice that you could offer me.

Many thanks

Edited by citizenB
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How did you request this information? By way of CPR or a Subject Access Request ?

 

If by way of SAR, then you might need to get the Information Commissioner involved.

 

If by way of CPR then you are going to have to send a CPR part 18 - the correct format is as shown below.. A statement of truth is required for Witness statements and responses to CPR part 18.

 

HTH..

 

 

xx

Your Name

Your Address

IN THE XXXXXXXXX county court

CLAIM NO:

BETWEEN:

XXXXXXXXXX

Claimant

and

XXXXXXXXXXX

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: XXXXXXXXXX (claimant)

 

Please answer the following questions:

1. Upon what date was the last payment made on the account?

2. What was the source, method and amount of the payment?

3. Was a Default Notice issued pursuant to section 87 of the Consumer Credit Act 1974 (as amended) and if so:

a] Upon what date, for what amount and what was the date for remedy of the breach?

b] Was the issuance of the Default Notice noted in the communications log?

4. Does the amount claimed include charges, and if so what amount?

 

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST

WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

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You say there is £35K of charges.. what type of charges?

 

If these are default charges/penalty charges - fees for returned payments or them sending you letters etc on a Loan or Credit product then they are reclaimable. I am not sure if these will be reclaimable against a busienss current account though.

 

HTH

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Advice & opinions given by citizenb 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.

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I requested the information via a SAR on more than one occassion but just kept getting ignored. Wragge&Co just gloss over this issue and present me with statements. The charges are for interest added to the account while we have been in dispute.

They are now saying that the information we are asking for is related to a different account (business account), which it is, however, money should have been paid from our business account into our business loan account to reduce the loan amount. But they won't even entertain discussing this and have now persuaded the judge that the only accounts they are chasing us for are the business loan account and a personal account.

We now have to put our evidence together in correct legal format and closed with a "Statement of Truth" by the 9th May 2012, which I am not sure how that format should be? Can anyone advise on that please?

Although they have told us that that are not interested in any other account we have to try and bring this information to light because it does have relevance to why we were not paying off the loan.

Hope this makes sense as it is quite complicated.

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You need to put a witness statement together - I have attached some instructions for you.

 

 

Guidance Notes on Witness Statements.pdf

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb 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.

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Although it does tell you in the above, that a statement of truth must be included ... this is what one looks like.

 

 

I believe that the facts in this Witness Statement are true.

 

Signed

 

 

Dated this xxth day of xxxxx 2012.

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If you have not been provided with all the documents you requested when you made the SAR then you should be making a complaint to the Information Commissioner. Alternatively, you can issue your own claim against them for non compliance.

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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