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My HSBC Debts and a CCJ


Guest purplemushroomfairy2

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Guest purplemushroomfairy2

Just thought, what can we actually do when and if we can prove all of this? Do we just push for the Credit Files to cleaned up or should we make a claim for the hell they've put us through?

I just want to get on with my life, but, they shouldn't get off 'scot free'.

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The 12+2 working day is from the day the request was posted so discount all saturdays and sundays and the bank holls,

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Correct!

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Guest purplemushroomfairy2

Hello all,

 

The tale to last a hundred years can be pieced fully together from my other posts,

 

Now, to this one.

 

1. April 2011 - make F&F offer to HSBC to repay business and personal debts

- lots had been sold off and placed in dispute,

in fact, some were statute barred but didn't realise at the time. Offer of £200K.

 

2. In Sept 2010 HSBC claimed ALL personal debts in court; so request that they get back the sold off debts (Sold on during FOS investigation)

 

3. April 2011 - email from their solicitors confirming agreement and told to await papers to sign.

 

4, April 2011, May 2011, etc etc Jan 2012, Feb 2012, March 2012,etc STILL WAITING despite frequent contact.

 

5. July 2012- the chap we had been dealing with leaves, and letter arrives accepting £200K but not including all previously held debt

- we were rather thick here because 90% of the persoanl debt was SB anyway,

this has been going on since2005 and we are so worn down.

 

6. July2012 - we reject their offer told them to rethink.

 

7.August 2012, September 2012, etc, etc, etc, February 2013 ! A letter.

 

8. Letter is a Tomlin Order draft requesting money by 28th Feb 2013. - I mean two years of waiting and we are expected to rush in - we did.

 

9. Arrears notices for debts that came of credit file in 2012 appear (many other threads) - we request extension .

 

10. Mortgage offers are too high to be affordable now at £1756 pcm which is a wage!!!!

 

11. We CCA and SAR HSBC, we instigate FOS and ICO investigation we get legal advice.

 

NOW: we are waiting,

we have been waiting for two years,

we have lost two years of a mortgage and we're getting on a bit,

so instead of a 20 yr we now have an 18 yr which makes a big difference.

 

We believe that:

a) HSBC have not treated us fairly in stringing this whole debacle along for eight years despite the many requests for meetings.

b) HSBC have not treated us fairly in waiting two years to sort out the paperwork which has impacted negatively on our repayments of any new mortgage.

c) HSBC have not acted fairly in messing with credit files and in reclaiming debts that are now Statute Barred.

d) HSBC have behaved wrongly in placing said 'debts' quite randomly on credit files to prevent remortgage happening.

e)HSBC have refused to close accounts that have been requested closed for years!!!

 

I could go on; so this is what I am thinking, and I am not sure because we have managed to get the repossession stopped for now (Business loan was secured nothing paid for eight years cos they really won't let us) and I don't really want to see my DH's face lose all its colour again - honestly thought he would die in court .

 

1. Re draft the Tomlin Order - Mortagage = 90 k

Business Loan at Liquidation = 94K

Accounts they refuse to close = 10K

so was thinking of saying that seeing as everything else was SB or sold on during FOS investigation we would reduce by 10K. Specially if you consider the stress on us and the financial impact of waiting for two years.

 

2. Write to them saying that significant number of debts are SB now and that they should have closed accounts.

 

3. Start even more complaints and drag it out as long as possible even if it means my hair falling out with stress in the process.

 

Stupid thing is we have never refused to pay!

I think this makes the All monies clause null and void now.

 

So, if you've got this far then you were interested - any advice?

Where should we go from here?

The legal advice suggesting redrafting the Tomlin but I am S******G it tbh.:mad2:

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You should almost certainly send Subject Access Request to HSBC to obtain all the data.

 

At what point did some of these accounts become Statute barred - was this prior to the problems starting ?

 

I am not quite sure what you mean when you say HSBC claimed the debts in Court - was a judgment entered against you ?

 

Have you had a read of BCOBs - links in my signature - there might be something there that could help.

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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

 

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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Guest purplemushroomfairy2

thanks will look at that.

we had a directions hearing in 2010 after we defended a repossession for not paying a very large secured business loan. it was during this hearing that the barrister for h s b c stated that they had not sold on any of our personal debt. which they had.

two debts in my husbands name became S B in 2011. there had been no payment or acknowledgement for six years. we feel that they should not be included in the deal .

we are waiting for the c c a for these because he can't actually remember getting them. it will be 12 plus 2 days on the 12th. the s a r is by the end of the month .

 

the problems have been going on since 2005 when the business was liquidated. 11.11.05 at11am.

 

hope that answers some questions . i have tried to separate the different things across other threads. think i need one just for myself and then people could see it all.

 

so considering re drafting the Tomlin order so that it is more realistic. they don't have to agree but they might .

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Hi, can you post up a suitably redacted copy of the Tomlin Order please I've handled and re written a few in the past, please leave time scales and amounts and notes on any restrictions on the order and I will try to help.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Guest purplemushroomfairy2

Thanks,

It basically said that we had to pay on 28th of Feb, we scribbled out 28th Feb and put 1st April. Sent it back that was when they started messing about. It wasn't 'official' and stamped. But I will try to scan in a couple of days as I have another to do.

 

we just wanted to know if we could reduce our offer to them really.

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I really need to know the wording of the TO as laid out!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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If the TO has not yet been agreed, then I would think you are still in a position to negotiate. If there are statute barred debts, then you should not be paying them and they shouldn't be demanding that you do.

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

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Guest purplemushroomfairy2

thanks managed to speak to a solicitor today. he suggested that we re draft the order and include things like clearing files before we get mortgage agreeing not to falsifying information ever again and make it clear that its a global settlement.

if you can direct me to the correct wording that would be fantastic.

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Need to see the exact detail of the existing order.!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Guest purplemushroomfairy2

Basically, it said : 'agree to pay the sum of 200,000 by 28th February 2013 in full and final settlement of;

then it listed the debts - some have been left out, ones we didn't know about, there was no stamp on it or seal from the court, so we changed the date and signed it, then they started to place arrears on files etc.

 

We are still hoping to negotiate with them...

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Guest purplemushroomfairy2

So, other than a letter to say that they are passing the request on, we have no CCA for either debt and on Monday it will be 14 days. Should we give them more time?

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So, other than a letter to say that they are passing the request on, we have no CCA for either debt and on Monday it will be 14 days. Should we give them more time?

 

Is that 14 calendar days or 12+2 working days?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 2 weeks later...
Guest purplemushroomfairy2

OK, so I contact Mortimer Clarke by email, and by phone, they say that I will have letter of satisfaction emailed and sent.

So I paid the agreed amount into their account- via the bank manager so I have a witness and receipt.

Today I contact them again re no response from e mails- they are trying to contact my solicitor ?????

The solicitor is HSBC's who didn't want me paying in the first place.

So - legal letter needed to force their compliance please.

Thanks

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A letter to HSBC? Can do later for you if you want.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Guest purplemushroomfairy2

Thanks, but what I am after is an - Oi Mate I paid your ruddy money now give me the letter of satisfaction or I will see you in court- one,

 

As for HSBC - if they wanted to get involved in this one they should have included it in the full and final like the Judge said.

 

Thanks

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  • 8 months later...
Guest purplemushroomfairy2

Hi all,

quick question

- after 7 years dealing with the above

I have managed to finally get them to agree to a loan acct being uneforceable due to no CCA

- originally requested in Oct 2008,

so the account has been in dispute since then.

 

 

At the same time, I placed the agreed overdraft I had held with HSBC in dispute.

 

In 2012 they told me my disputed debts had been assigned to MCE PORTFOLIO,

I wrote requesting CCA and was told that it was the same company and that didn't have them.

 

In 2010 HSBC stated in court that they hadn't sold on any personal debts (!?)

 

Recently I was sent a letter before action regarding the disputed debts

- I contacted the FOS who in turn contacted the dca stating that the debts were statute barred.

 

The letter I received stated that I had paid money in 2010

- sent another section 10 debt in dispute letter etc stating that any monies paid were for the CCA

I had not received and that they could not use it for anything else.

 

They returned my money admitted loan account was now closed

- However, they then go on to say that they do not recognise s78 in relation to agreed overdrafts.

 

So, I have read and read different posts,

I think that an agreed overdraft in covered in s74 but I would really appreciate knowing exactly what bit to send them,

they have asked for a statement of means or the legal reason why they cannot enforce

-so baffling them would be good, it should come off my CR file in May this year.

 

 

I haven't paid anything to this account or acknowledged it since 2008. It has always been referred to as 'alleged' .

 

OD was caused by HSBC demanding I transfer money into my husband's account in 2005.

I wasn't overdrawn and consequently went up to my 2K limit,

since then 1.5K has been added in charges and interest.

 

 

I have no idea how much more Marlin have added to it as I have never been told

and would rather not ask in case I inadvertently acknowledge it !

 

I am thinking of going to the OFT but need to have everything in place.

 

 

Awful firm. Thanks

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an OD becomes running account credit subject to the consumer credit act, but they are usually exempt from the usual agreement requirements (prior to nov 11). technically, they should have complied with the OFT determination re such exemption. but, whether failure to do so would be enough?

Edited by Ford

IMO

:-):rant:

 

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Guest purplemushroomfairy2

Thanks, I found a rather long and confusing letter I was thinking of sending them.... Has anything been written as a template for this exact problem yet? lots of the previous posts about CCA and OD were old - 2008-9.

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I'm in a similar position with LTSB, they have not responded to my CCA request and won't say why not!

 

For a personal loan or overdraft?

 

Regards

 

Andy

We could do with some help from you.

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Guest purplemushroomfairy2

my problem is an agreed over draft should i send them a s 74 letter requiring proof of original interest rates etc and that h s b c applied for the determination at the time?

grumpy seems to have a problem relating to no response to c c a .

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