Jump to content


  • Tweets

  • Posts

    • 4 th time we've merged your threads  for complete history of your story please keeps to one thread
    • @dx100uk @ anyone else interested in Fighting HSBC UK  Staff/department non compliance and incompetence/interference in between HSBC UK and customers.   I wanted to know what you guys had to say about the reply i got from HSBC UK today.    Recap. I originally turned to HSBC UK to be reunited with Money i saved in accounts that where frozen and made dormant during the year 1995.   HSBC UK Teams tell me that HSBC UK only allows them to have access to account records dated back 6 years. there for they do not have the records, can not locate the records i requested for in my SAR. there for HSBC UK teams Ignored my SAR application for records of accounts made frozen and dormant during the year 1995. HSBC then claim if the accounts where closed they will no longer hold records of these accounts and tell that to the ICO. I again explained to HSBC UK and the ICO the records of accounts where left frozen and dormant.   HSBC UK teams continue to tell me over the phone that The records i requested for in my SAR, will not be located or do not exist because HSBC only allows them to have access to records of accounts dated back 6 years.    I returned to HSBC highlighting there is no such provision in the Data Protection Act.   HSBC UK teams today totally ignored my complaint again and confirmed with me they are classing my complaint as wanting to locate accounts that where closed.   Let me know what you think about the  HSBC UK teams response to my last complaint. Is there any other letters i can send them to confirm thay are not correct about what they have done.    The HSBC UK letter starts of by:You've been unable to recover funds you held in HSBC UK Accounts that were closed in 1994 to 1995, and to obtain the account details for the accounts concerned. You've been advised that we only retain records for up to 6 years, but you've been unable to locate any provision for this within the Data Protection Act (DPA). You require a Certificate of Destruction from HSBC UK to evidence the destruction of the data concerned. You feel your Subject Access Request (SAR) has been ignored by HSBC UK.   HSBC UK Teams now go on to explain: In respect of you being advised we only retain records for up to 6 years, but having been unable to locate any  provision for this within the Data Protection Act (DPA), I can confirm that under the DPA, we are obliged to only keep records for as long as we deem necessary, in order to effectively manage our data. So, for most cases, this will be for no more than 6 years.   In regards to your request for a Certificate of Destruction from HSBC UK to evidence the destruction of the data concerned, I regret that this isn't something that we can provide, as we don't keep records of when individual customer data was destroyed. I'd also like to clarify that if the accounts concerned were closed after becoming dormant, that we would have sent you closing statements at the time.   Lastly, I'm sorry you feel we've ignored your SAR. I want to assure you that we'll always look to accommodate a request for a SAR as best as we can. However, if we're unable to locate the account details and information required, this will mean we're unable to fulfil the request, which has unfortunately been the case on this occasion.   How else do you think i can highlight to HSBC that the teams dealing with My complaint, and request to be reunited with my money is not going to departments that can deal with my demand for services.?  
    • Hi   I have to agree if you have paid off the debt owed to them via this meter and are up to date on your bills  I would look at changing supplier and as said asking new supplier to install a standard meter and look for the best deals for you.
    • I have severe anxiety and going to leave my job and have been invited to a meeting but dont wish to attend that is three hours away from where I am. Can I legally give the  permission to decide without my being there? I cannot handle going as I know I'm going to be fired anyway as on my final warning. I'm also giving in my notice this week too! This job is just too much for me now and I cannot work here any longer. It's no good for my health and sanity  I am sick to my stomach thinking about going and about to hand my notice in anyway    
    • Thankyou it’s because I’m awaiting the outcome and a friend said I will be turned down as I asked them a while back if I had ppi on the account and how much it was and they replied.  But they did only send me a short confirmation with the amount and that they trust that answers my enquiry. i just wanted to be prepared if they wouldn’t turn me down based on that. Thanks for your advice on that mate 
  • Our picks

gporter3319

BW Legal.Statutory Demand

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2099 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

 

we arrived home this evening to a letter claiming that we had been visited on 3 occasions

and that whoever they are are visiting again on 9/1/13 to serve my wife with a Statutory Demand.

 

The only thing we can think off that this might refer to is a Cap one CC we had a few years ago

which was sold to lowell. 2 or 3 years back

 

we applied for the credit agreement from Lowell and got the usual stuff back from them

which turned out to be nothing more than an application for the card,

 

ignored them and now this.

 

Now my wife is on benefits due to ill health (I work) and we have a mortgage with neg equity

and a charging order already on the house.

 

What would be the best route for us to go down?

 

Many Thanks

 

Sorry if this is posted in the wrong place....

Edited by gporter3319

Share this post


Link to post
Share on other sites

Hi GP

 

Take a read here :- http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post I have reported your post for further attention from the Site team.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

Share this post


Link to post
Share on other sites

It is very likely to be a capone debt - Lowells are working overtime issuing stat demands on a bulk purchase by the looks of things.

 

You need to get this set aside - when it has been delivered then you have 18 days to get it set aside. Do write on the envelope the date and time it was delivered.

 

If there is an outstanding s78 request then that is one reason as the account is basically in dispute

 

Do you have any other paperwork, notice of assignment, Default Notice from Capone/termination notice ?


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

 

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

Share this post


Link to post
Share on other sites

when is this nonsense SDs going to stop on piddly amounts under £25,000, what happened to the Tory promises, Oh yes "U" Turns.

Edited by Old Cogger

:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites
Hi,we arrived home this evening to a letter claiming that we had been visited on 3 occasions and that whoever they are are visiting again on 9/1/13 to serve my wife with a Statutory Demand.The only thing we can think off that this might refer to is a Cap one CC we had a few years ago which was sold to lowell. 2 or 3 years back we applied for the credit agreement from Lowell and got the usual stuff back from them which turned out to be nothing more than an application for the card,so basically ignored them and now this.Now my wife is on benefits due to ill health (I work) and we have a mortgage with neg equity and a charging order already on the house.What would be the best route for us to go down? Many Thanks

Sorry if this is posted in the wrong place....

 

So you don't really have anything to lose, by Lowells losing money on bankruptcy. They will issue these SD's before working out whether it is worth going forward with bankruptcy or not. Once they realise that it is not worth it, they won't bother.

 

Anyway, once you get the statutory demand you can try for the set aside and as long as you state valid reasons for this, they are mostly accepted. However, sometimes with a judge lottery, this can fail. Lowells might argue that they fulfilled the CCA request, so failure to action the CCA request is not a valid reason.

 

Suggest that you send an SAR req to CapOne, if it does relate to this and ask them for copies of all statements, as well as all other data they hold. Perhaps there may be charges on the account, you can look to get back and that would help, if you wanted to stop bankruptcy.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

Share this post


Link to post
Share on other sites

I agree with all that has been said above.....get a SAR sent out immediately, and once you have the demand in your hands you can set it aside. Spend some time reading around these forums, and you will be come more knowledgable. The fact it has been in dispute for a while will hold strong ground in front of a judge. When was the last time you made a payment towards the debt ? is it 6 years ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Share this post


Link to post
Share on other sites

The other possible option is to send an email to BWLegal along the lines of

 

Dear Sir/Madam

 

I am aware that you are attempting to serve a statutory demand on me, the specific particulars of which I am unaware of, however I have to inform you that if it relates to an original dispute, then I will have no hesitation in setting this aside at my local court and will claim my costs in the process. I am sure I have no need to remind you of the Consumer Protection From Unfair Trading Regulations 2008 and the Office Of Fair Trading's guidelines on debt collection.

 

If in the event you continue with this action, bearing in mind any dispute, then when the issue of costs arises I will have no hesitation in showing this and previous correspondence to the judge. Please note the date of this letter.

 

I trust this makes my position completely clear.

 

Yours faithfully.


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Share this post


Link to post
Share on other sites

Is it still possible for Lowell to force bankruptcy even though there is no money in the house,just because they can.also if the house is in joint names and the debt is in the wifes name how can they?.

Share this post


Link to post
Share on other sites

a bankruptcy petition is not an option until they have deemed served the sd, and then after at least 18 days after that if the sd is not satisfied/compounded or set aside. they would then need to petition for bankruptcy (which could also be challenged depending on the circumstances).

some gov't info re bankruptcy etc http://www.bis.gov.uk/insolvency/Publications

Edited by Ford

IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

We have no grounds to have the sd set aside and no real chance of having it satisfied due to my wife being on incapacity benefit.Has I said in an earlier comment if they do file for bankruptcy am I still "guilty by association" kind of thing even though the debt is not in my name.Also should I just let them go ahead and file for bankruptcy being has we are in neg equity and also already have a charging order on the house from a another debt.

Share this post


Link to post
Share on other sites

why do you say you have no grounds to set aside?

did you see the link posted re bankruptcy?

here's some more info. note 'beneficial interest'. http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=01_bankruptcy

as UncleB says, could might as well apply for set aside, seems nothing to lose by doing so?

Edited by Ford

IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

What grounds would I need to get it set aside.Yes saw the link but not quite sure what the beneficial interest means...

Share this post


Link to post
Share on other sites

did you send an email as 42man suggested?

when was the last payment/acknowledgment?


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites
What grounds would I need to get it set aside.Yes saw the link but not quite sure what the beneficial interest means...

 

as the nat debt line link says, any poss particular bankruptcy would be re your wifes 'interest'/share depending on the circumstances which may end up affecting the whole. also, you say there is negative equity, and other secured creditors which would affect things.

main grounds for a set aside have been posted. dispute, counterclaim (any missold ppi for eg?), amount disputed, statute barred? technical errors, etc

Edited by Ford

IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

haven't sent the email yet don't know where to send it to and the last payment was about 2 years ago I think to lowells.My wife paid them twice and then I came across this site and went down the cca road.At 1st they sent nothing and then months later sent all the cap 1 statements .She ignored them

Share this post


Link to post
Share on other sites
Just sent the email....

 

oh ok! was going to suggest an addon to it if not already sent! no probs though, see what they come back with.


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

just something cheeky along lines of asking them to confirm in writing that if they do continue to serve an sd that they will in fact pursue a bankruptcy petition in the unlikely event that the demand is not set aside. :)

could've worked either way, but no worries, actually could be good to see what they come back with re your email?

Edited by Ford

IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

also, did you do the sar as previously suggested? could do that, may cost a tenner but could be worth it.


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites
who do i Sar ?

 

looking back from what has been posted, seems capone. but, maybe best wait abit first see what details if any they come back re your email?

Edited by Ford

IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

Right then SD posted thru door today.It appears that its for Monument CC £3565.Defaulted in Oct 2007.Never had any letters of assignment from either original creditor or Lowells.Should I CCA them or offer token payment due to wife being on benefits and having Neg equity.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...