HSBC playing dirty, possibly fraudulent?

[noddy997]

For that you need to seek professional legal advice.

 

I was finding it difficult to find anyone to represent me and who would want to get involved in a case against a bank. The legal costs are high and I cant afford them. Therefore the site members and team said if I stay in small claims court I can get a max of £5k which am happy with. Durkin was in a similar case to mine he got £8000 but had his default for 7+ years mine was 5 months'ish would have been longer if I didnt get on the case.

 

Dont delay it mate.

[noddy997]

Also I forgot to add, the £216 default on my credit file was a discount HSBC offered to me.

 

I had an overdraft with them was in my limit, and they wrote to me many times "demanding" the full amount of £886 or whatever it was. I said I can pay £5 or £10 a month.

 

Anyways few months later they wrote to me saying "if you pay off 75% of the overdraft, then we will waive the remaining 25%" the same £216. Only later they went and put it on my default.

[Old Cogger]

Not a full and final payment agreement then, anybody who gets this offer must ensure it is Full & Final agreement stipulating no come back for the rest.

 

If you got it in writing then complain to HSBC about it.

[noddy997]

what do u mean?!

 

Regardless if its not full and final, they bloody made the offer not me!

[Old Cogger]

Basically if Full & Final means the agreement is paid and that is it, but you state another figure being chased, there for it sounds it was partial agreement (paid) then if that is the case part of partial agreement you would state agreed subject to the remainder not being chased/requested after you paid. This what I suggested peeps check in such circumstances as peeps have reported that in the future it has been know that a DCA has been sold the difference and try collecting.

 

What was the actual wording in their offer?? peeps can then get a better picture of the situation.

[noddy997]

yes it was the exact wording.

 

furthermore, i lost this letter and in may 2011 i went to hsbc branch and the manager found the exact same offer letter and coiuldnt print it out as the computer system didnt let him as it was just "notes" however he printed me a letter saying "there was an offer made and by error the 25% that was supposed to be covered by HSBC was passed onto a debt collection agency, this should not have been the case blah blah".

 

This is letter im using against HSBC in my case...

[Old Cogger]

What does the letter say? .

[noddy997]

im sure i have posted it in my thread but if i havnt its along the lines of what i said above. it doesnt matter anyway as HSBC have admitted fault in their defence anyway but they will have to submit new defence now since my particulars have been ammended

[Old Cogger]

HSBC Admitted fault on a whole list of occassions in one WS in court with me, the DJ accepted these things happen, even the number of times mentioned in the actual WS there and then, one thing I will say is if you are asking questions and people who have been there or are trying to assist you and ask for info , the answer it does not matter, then carry on as why you are posting on here seems irrelevant if that is the answer given???

[noddy997]

Sorry your reply Mike is confusing I dont understand it... are you trying to say the judge might turn around and say these things happen?! And say I am entitled to nothing?!

[Old Cogger]

No just saying it is a judge lottery and that a DJ may just say mistakes do happen and move on with the case, as in my case.

[Rohannah]

Fraud by Abuse of Position Fraud Act 2006 sec 4

 

"occupies a position in which he is expected to safeguard,or not to act against the financial interest of another person,dishonestly abuses that position and intends,by means of the abuse of that position to make a gain for himself or another or to cause loss to another or to expose another to risk of loss.

A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act".

 

So why are the banks getting away with so much then ?

[Old Cogger]

Good question, maybe because we are mere mortals???

[Rohannah]

Hi Mike,

how's it going ? mere mortals without us the whole thing would grind to a halt.

[Old Cogger]

Hi Mike,

how's it going ? mere mortals without us the whole thing would grind to a halt.

 

 

 

Hi Rohannah,

All o.k. for now, you are right in that quote. Hope you both o.k., is he bearing up still? lucky he got you to help him!!

[Rohannah]

OH well lets just say reality is starting to bite me I'm flagging a bit,just a bit

[Old Cogger]

o.k.

[dustmonkey]

Hi everyone,

 

Its been a while since my last update so here goes.

 

I have been dealing with HSBC's solicitors for the past few months but things have not been resolved. HSBC have now made an application to court to have the case dismissed as they say I have no case against them, this hearing is due to be heard on the 4th April 2013.

 

Unfortunately for HSBC, the 250 page application they submitted to court included copies of bank internal emails as evidence from 13 May 2011. One set supplied to me in redacted form and the other unredacted from the solicitors own investigation. The solicitors version is different to my version.

It seems that before the email was sent to me as part of my SAR in 2012, someone decided to edit out a complete sentence in the middle of the email. This sentence states:

 

"My concern is that we will end up with a further complaint if demand is made and one that we will struggle to defend given that the bank will be upholding the claim of mis-sold PPI".

 

I have also received half a dozen phone recordings from May 2011 which I was told were either deleted or not made. Many of these recordings involve the same manager who sent the 13 May 2011 email, and he is basically stating to three other departments that actually registering the default against me could land HSBC in court as they are now admitting mis-selling the PPI.

 

It also becomes apparent after listening to the recordings that my loan account of £9, 600 should have been reduced to £7,020 once the PPI payments are removed. But someone at HSBC had the cool idea to register the default and send a £9, 600 debt to Metropolitan Collections before that could happen. It also means that the new loan that I was issued in September 2011 should have been for £7,020 and not for over £9,000.

 

I will let you know what happens on the 4th April.

[san_d]

Don't expect much from FOS or FSA (soon to be replaced with FCP). They are muppets of the banking industry, You only choice is to contact Max Keiser (who now lives in London) or the blogger Rowan Bosworth-Davies, who has been exposing HSBC criminal practices for years.

[Old Cogger]

Don't expect much from FOS or FSA (soon to be replaced with FCP). They are muppets of the banking industry, You only choice is to contact Max Keiser (who now lives in London) or the blogger Rowan Bosworth-Davies, who has been exposing HSBC criminal practices for years.

 

How correct you are! when FOS can see the lies of HSBC they ignore as no comment can be made, and all their guidelines are just that guidelines = not actual rules to follow. like the government statements you will notice, we want self regulation for who ever = not laws? puppetts of non system. = the worlds biggest fraud, like civil court cases here, they tendto advertise in other countries the use of litigation in Bristah Courts = Business = payment and end of year accounts, civil courts = just another business.

[Dougal16T]

Good morning everyone (except all HSBC staff!!),'

 

Especially hello to Mike.

 

I have been involved in a case against HSBC for over 6 years now, I will not bore everyone with the details, but matters are proceeding, albeit slowly!

 

I would just like to make the following comments:

 

1. There is undoubtedly a Criminal case of Fraud by Abuse of position, on the part of HSBC. The proper way to start with this offence is for a formal complaint to be made at a Police Station, BUT it is vital to ensure that the complaint is made to a member of CID, and NOT to a uniformed police officer - and especially not tho any member of the Civilian staff.

 

Once you have seen a member of CID, it is normal to receive a Crime Reference number - which will track the entire matter, regardless of where it will lead. There is no charge for this service, and believe me when I say it works - I had my ex-wife arrested for Fraud, and it was only right to do so - because she claimed that her signature on a joint loan/mortgage was not hers. happily, the Police discovered differently!

 

2. HSBC are notorious liars, and will tell you to your face that something is being dealt with, when in reality it is not. I made a simple request for copies of my statements at my local branch, and they told me it would take 10 days.

I called at the same branch every 3 weeks for a total of just over six months (was lied to on each occasion), and only got them when I refused to leave without them.I have enough correspondence from them to start a printing company!!

 

Make sure you record absolutely everything, and if visiting them, ensure you take someone along as a witness to any conversation or use a hidden recording device./camera.They have no idea of Customer care, and cannot tell the truth when questioned.

 

They did try to make an effort to'deal' with this matter - and even then that was hopeless. DG 'Solicitors' are hopeless as are Metropolitan. Metropolitan wrote to me against the strict instructions of the Circuit Judge in my case. He was pleased to strengthen the Order against them, and against HSBC.

 

I wish you all the best in your claim - if there is any small assistance that I can provide please do not hesitate to contact me.

 

Best wishes to all

 

Dougal

[Old Cogger]

Have been following Douga!sl case , so as he states if you need further assistance then contact him, you will find he will assist where possible;-

[dustmonkey]

Hi Dougal,

 

Many thanks for the advice.

 

I have already made covert recordings of phone calls to HSBC, and one meeting with a business manager in 2012. DG solicitors emailed me a draft witness statement from the business manager with regard to the meeting which was completely fabricated. The recording of the meeting I have could show possible perjury.

 

During my SAR request in 2012, I was being told that phone recordings from 2011 which I had requested had either not been made or had been deleted after six months. DG solicitors over the past couple of months have recovered half a dozen missing recordings, the most relevant one seems to have been edited from 46 mins down to 17mins.

 

One of the recordings has a manager talking to the PPI team who is explaining that my loan account will be reduced from £9,600 to £7,020 once the mis-sold PPI is taken out of it and a PPI refund is made. HSBC passed on a debt to Metropolitan for the full £9,600 a month later, even though five departments at HSBC had agreed to not do this.

 

Are you serious about making a report to the CID. I am essentially accusing them of fraud in court already next week.

[Guest purplemushroomfairy2]

Good Luck with your hearing, we have been fighting them for 8 years, I will be interested to see how it all goes for you. Can't offer advice as still learning myself. We just discovered strange appearances on CR Files, so following a similar route to yours so far.

Hadn't thought about CID though.

So, thinking of you,

[citizenB]

It would be really helpful if you could update your thread after the hearing, dustmonkey.

 

Best of Luck for Thursday