HSBC - Paid an F&F to clear a CCJ - now chasing the rest.

[large boy]

I've had a recent experience and would like some advice please.

 

I had a debt with HSBC bank which covered two separate accounts.

 

I received a number of letters from a firm of solicitors in Birmingham with all sorts of threats and

finally there were two CCJ's issued against me.

 

I finally had some money and sent them a cheque with a covering letter.

 

 

The cheque was for 5750 against a total debt of around 9k and

sent an accompanying letter which stated very clearly that the offer was as full and final settlement

on all accounts held with HSBC and the solicitors.

 

The cheque was cashed

 

After a period of a few months, I then received a letter saying that I still owed money and when was I going to pay?

 

I wrote to them, with a copy of the letter saying full and final settlement,

they now are refusing to accept the letter ever existed and,

strangely, they have no letter that was sent with the cheque.

 

They are now threatening me again and

 

 

I keep telling them they accepted the payment as full and final settlement

and have suggested my next step is to send all the correspondence to the county court

and ask for the ccj to be removed

 

Does anyone have any suggestions as to how I can now get them to accept they have made a mistake and the debt is legally cleared please?

[fletch70]

I am guessing you mean D G solicitors Calthorpe Rd Edgbaston who are part of HSBC.

 

I am not exactly sure but I think you may have to apply to the court and fight your corner .

 

Hindsight is a wonderful thing but sending money without an agreement from the creditor seems a bit foolish to me. Sorry to sound harsh as I am sure it seemed a watertight process at the time.

 

Hope someone can give you real help

 

You might find this interesting

http://www.wragge.com/published_articles_3312.asp

 

http://www.dwf.co.uk/news/legal-updates/cheques-tendered-in-full-and-final-settlement

Edited December 20, 2013 by fletch70

[large boy]

Hi Fletch

 

Yes, you are right, it is DG Solicitors

 

Thank you for the articles, they are interesting reading

 

I know it sounds stupid but, I even had the letter and cheque being sealed in the envelope, witnessed by solicitors and they still refuse to accept the letter ever existed

 

I know they are trying to use scare tactics and cover their mistake so I'm more than happy to approach the courts

 

Does anyone else have any suggestions please?

[fletch70]

Well if you have a solicitor witness it and is prepared to make a witness statement to that effect , a non legal opinion thinks you will have a good chance. Good luck

 

years ago I had a ccj with them and when I stopped paying they passed it to MCS (HSBC again) and then to moorcrap . They will have to go back to court to enforce so you can either be proactive or reactive..get some advice from the legal bods on here

[renegadeimp]

never ever send a payment in F&F unless you have it in writing first that they agree to it. Otherwise they will take it in part payment and keep chasing you.

[fletch70]

Too late to say that now but there is some case law to back up the OPs case. They accepted the cheque and left it a good period of time before rejecting the offer. Now he has to prove they got the letter

[citizenB]

The cheque was cashed by them, yes ?

 

I find it strange that someone would send a cheque without a letter saying what hte money was for !!

 

Did you send it to the solicitor or HSBC ?

[AndyOrch]

Not a valid reason to make application to set a side the judgment..

....not a valid reason to commence further litigation on the same matter..

..res judicata ..the matter has already been adjudged.

 

 

Regards

 

 

Andy

[steampowered]

Have you sent them proof of this?

 

 

Sounds like they have no records of it on their system so you should send them a copy of the cheque,

copy of the covering letter and confirmation from the solicitor that witnessed it.

[AndyOrch]

Failing the above and they ignore that..

 

 

.the only way they can attempt to get the balance is by executing the judgment for the difference.

..but you can challenge that if and when.

 

 

Andy

[large boy]

Dear everyone

 

 

I had a CCJ a few years ago and, the total amount was around £7.5K

 

 

I sent the solicitors concerned a cheque for £%,750 with a letter saying ti was full and final settlement

 

 

They cashed the cheque and I heard nothing for a long time but now they are chasing me for the rest

 

 

How do I get the CCJ removed as they accepted the cheque so I was informed by a solicitor, the debt is settled

 

 

How can they now chase me again and, how do I stop them please?

[large boy]

Sorry, the amount I sent was £5,750. I must have pressed the wrong key!

[renegadeimp]

You have to agree it before you send it. Otherwise they'll take it as part payment and continue.chasing you for the rest.

 

The ccj will stay there for 6 years whether you pay it or not. You can get a certificate of satisfaction if it's paid up.

[large boy]

Thank you for your reply

 

 

I thought that, if they accepted the payment, they accepted it was Full and Final settlement, this is the case with employment?

[BankFodder]

Have you got a copy of the letter you sent?

[large boy]

Oh yes! I have sent it to them a number of times and they still keep chasing, that's why I want to present it to the court and get the order revoked

[filrobbo]

Was there any charges added to this debt

[large boy]

not for many years but there were to start

[dx100uk]

could you tell us the details of the debt please

and the history?

 

 

when was the CCJ attained

 

 

did you contest it?

 

 

name names too please

[dx100uk]

aha found your old thread and merged it here.

 

 

dx

[dx100uk]

And you've asked this question before too. and gotten answers.

 

now you ask the same question again.

 

ok.

 

you indicate they got TWO CCJ's

so I don't think that you can cover both in the same F&F letter/cheque?

 

as a side note

If this was HSBC, I bet this was a managed loan?

they merged accounts covered by the CCA and say a bank account NOT covered by the CCA?

 

could be some reclaiming to do here too?

 

have you ever sent HSBC an SAR?

 

 

might be an idea to go get your credit file

and tell us what actually does show?

 

 

dx

 

 

dx

[large boy]

Yes, it is HSBC who are now contacting me directly as they are no longer using their solicitors?

 

 

The CCJ was a long time ago, I can't remember when exactly but, I guess around 5 years ago?

 

 

I honestly can't remember if I contested it either, it was so long ago but I can't imagine I wouldn't have

[dx100uk]

go get your credit file from noddle please - see below.

 

 

what shows?

 

 

dx

[large boy]

The report has my name and address then this;

 

 

Judgment date

19/10/2011

Amount

£ 7,677

 

Court name

Northampton

[dx100uk]

right so only ONE CCJ not two.

 

 

if you've not actually got a copy of it

I'd be ringing northants and getting one sent to you.

 

 

an sar to HSBC might not go amiss too.

 

 

dx