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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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Kellie Parnis

HSBC refusing to take payment plan and passing debt to collection agency.

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Hi there

 

We recently completed a Voluntary Repossession on our old house. We have not been living there for 4 years and were renting it out, which was not covering the mortgage cost anyways, we were adding more ourselves on top of it so we did not default. The tenant stopped paying so we evicted him and gave the house to the bank.

 

Within 2 months they had sold it for way under the value rate, obviously selling it at auction for as fast as they can, rather than as much as they can.

 

First of all, is there any way I can dispute the amount they sold it for? As it has left me with a deficit of £35k to pay.

Secondly Mick and myself have been calling HSBC to arrange paying this off a certain amount each month. We have both been calling since receiving the first letter. Each time we call they say they cannot do anything about setting up a payment plan at this stage. On the 21st we received another letter stating as we had not contacted them with regards to making any payments they demand the whole balance at once. Again we both tried calling them. On the 21st Mick was advised the debt had been passed to a collection agency. I called Jan 11th, spoke to a lady called Anet who agreed to call me back the following Monday to arrange the plan. She did not call back till Tuesday at which point she told me the debt had been passed to Metropolitan debt collection (again?) that day so she could not do anything. She did not call on Monday as she had a training course she did not know about.

Well that’s not my fault as far as I’m concerned. She made an appointment to call me to arrange this but did not keep it deciding instead to call me the next day, which by that point was to late. I should not be forced to deal with a collection agency because Anet did not want to call me on Monday. She could have arranged for a colleague to do it, or just kept to the appointment!

 

Not to mention all the other times we called and kept getting fobbed off.

 

I have no idea where I stand with this, and even if I dispute the handling of this, I have a horrible feeling I will be continually hounded by Metro.

 

Any help would be appreciated, Thanks.

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Dcas have no legal rights at all. You can ignore them and continue dialogue with the bank.

 

Give it a few hours as ots still early and someone should be around to advise on the sale.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Firstly - you should stop doing things on the phone - unless you record your calls.

 

Already you can see that you have been making efforts to contact them but you have no evidence. Stop using the phone.

 

Make a detailed account of what has happened so far - dates, times, who you spoke with, numbers which you tried etc.

 

Then begin a complaint to the bank about their inaccessibility and tell them that you want this put to the Ombudsman. Let me tell you that none of this will do much good. They will try to fob you off and so will the FOS - but you may as well start laying down a paper trail.

 

Part of your complaint to the Ombudsman should be the fact that they sold your house at an undervalue - although your complaint will come to nothing.

 

 

 

Banks and other lenders are selling houses at undervalue everyday. It is a scandal and it would be nice if someone did go to the trouble of standing up to them - but no one ever does. The banks don't care. They have the whip hand and the customers are too harassed and two broken to stand up to the bullying. In fact the B in HSBC stands for "Bullying" ... or is it Heartless Sons of Bitches - but I can't remember what the C stands for.

 

The bank has a legal duty not to sell at an undervalue. However, by selling at auction they will be able to argue that they have achieved the market price. No one chalenges them - partly for the reason above but also because the value of the claim would always be over £15k which means that a county court claim would be allocated to the Muti-track so that if you lost you would incur very serious costs which would take a lifetime to repay.

 

You need to understand that you don't matter to the bank anymore - if you ever did. You need to start putting together a proper repayment plan and deal with it as effectively as you can. Otherwise, the bank will come for your other house

However, even if you manage to get the debt back to the bank, it will soon go back to the DCA again because the bank will eventually reject it and the debt will be sold on. This might even be a good thing because you may be able to negotiate a reduced full settlement.

 

I'm sorry to be negative about it but there is probably not much you can do. People should never hand their keys in. It always leads to an undervalue and further debt.


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Metropolitian are in house to HSBC they do tend to try to contact you on the phone refuse to go through security say in writing and hang up

 

It may be that this will get passed on to DG solicitors but again in house to HSBC


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Hold on a sec.

 

Your house gets repossesed because you can't/didnt pay the mortgage - fair enough.

 

But when they sell the house it should be sold at the price you owe the bank money not for £35k less. (I know that's logic and common sense but I dont know if that is legally binding...)

 

In order to do the above ^ even at an auction, there is a facility called a "reserve" so the house isn't under sold for the amount they're actually owed...

 

And like the others have said, sod the phone calls and ask them you want it in writing. Even email will be fine its just as quick as a phone call. £35k is a huge amount they might even make you a reduced offer at that point (they did for me at £886 and then screwed me over)

 

PS - the "C" stands for Cowards/Corrupt lol...


I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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but I can't remember what the C stands for.

 

I know exactly what the "C" stands for, however, as I cant type that in, I will settle for "C" = Cretins. :-D

 

and remember under MCOB's they have a duty to act in your best interest so what other options did they consider/try before selling your house by auction.

 

 

It may be better to move this to the mortgage forum -

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?171-Mortgages-and-Secured-Loans

Edited by rdm2006

HTH (Hope This Helps) RDM2006

 

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