Confusion

[drop47]

Letting payments go through after cancelling cap and then charging me for going over my od limit

[Rohannah]

Have you complained to the bank ?

[drop47]

Yes but no joy

[BankFodder]

I have an issue with my bank but what worries me is even if i were to win in small claims court could the banks appeal? If they did would the costs get rather large?

No. If it starts as a small claim then even if it is appealed, it stays on the small claims track

[drop47]

Ok thanks. I will seriously look into this.

[Rohannah]

Hi rd,

the letter I sent regarding Libor on OH's loan they have rung every day since they got it to speak to him about it.I advised them today to send him a letter saying yes or no,I can't wait

[Old Cogger]

Hi rd,

the letter I sent regarding Libor on OH's loan they have rung every day since they got it to speak to him about it.I advised them today to send him a letter saying yes or no,I can't wait

 

 

 

Oh! you are awfull, lol

[Rohannah]

Please tell me your real name isn't Mandy

[Old Cogger]

hahahahahaha

[Rohannah]

Hi,

I need some advice on the following,

can you carry on making pro-rata payments after you have put an account into dispute ?

 

I want to put my husbands cc account into dispute but I do not want it to look as though he trying to avoid paying what he owes.

 

It had PPI on it and it is the one that is still with the FOS

 

I need time to work out what he actually owes as he now has his SAR info I can fill in the blanks created by missing statements.

 

Thankyou.

[BRIGADIER2JCS]

Hi we will need more detail to be able to properly advise.

[Rohannah]

Hi Brig,

the debt is on a card taken out when the current account was opened June 1999 to allow his wages to be paid in locally,the card was never used.

 

2005 he's working away and uses the card account shortly after he notices the extra payments going out (PPI) but makes the mistake of thinking he is paying for protection against card fraud.

 

2010 he's out of work but carries on the payments until it was realized what he was actually paying and he put in a claim to the bank,rejected.Complaint sent to FOS.

He carries on paying until finally in March this year he can't,defaulted in April I believe.

 

Managed after several months to get HSBC to accept pro-rata payments,

bank tells him they are passing account to Metro,

payments still being made to HSBC.

 

SAR material shows that HSBC did not fill in FOS form sent to them early 2011.

 

Have not got through all the documents yet so do not know if they ever did.

 

Documents show that the HSBC are inferring that the cc account was opened May 2004

and that my husband was still in the job that he had in 1999 when he opened his account,

he had not worked there for 2 years and apart from 1 DD had not used the current account or the cc.

 

As he still waiting for a decision from the FOS and the delay appears to have been caused by the bank

 

I feel it would be unfair to allow them to pass the debt to Metro or for him to be taken to court on this if he has a valid claim,

 

so I wondered if he could carry on with his pro-rata payments and dispute the debt at the same time.

 

I would like to calculate how much he would owe if the PPI was out of the equation.

 

He is not disputing that he owes them money only not the amount they say.

 

I hope you can make sense of this

[BRIGADIER2JCS]

Hi Ro,

I have to be out this evening, I go through this tomorrow am for you>

[Rohannah]

That's fine thank you

[BRIGADIER2JCS]

Hi Ro, yes continue the minimum payments it's a wise move.

 

The data is wrong obviously if your hysband took the CC in 1999 that is what must show on the data.

Does the CRA file an inception date?

 

There is enough erroneous information there for a complaint to the banks Data Controller, check the rest of the data you have received see if the FOS form has been completed then I'll put something together for you if you wish.

[Rohannah]

Thanks Brig,

CRA shows the inception date as May 2004

 

HSBC supplied a signed DD statement by way of saying he knowingly took PPI on that date

 

we have found a letter the bank sent to the FOS saying it was a postal sale and he signed for it

 

the only dealings he had with the bank in 2004 was to pay money in for a DD.

 

I can't say they were lying but I don't think they were telling the truth.

 

I'll spend the weekend sifting through it all,

 

many many thanks

[BRIGADIER2JCS]

OK!! have a good weekend!

[Rohannah]

Oh this is not a fun weekend,

 

HSBC sent the FOS sometime after 15th May this year a letter stating that "I can confirm this was a postal sale which is confirmed by the pre-approved CC agreement that was sent to Mr Blah to sign and return if he wished to take out the card."

 

Below is a historic snapshot showing the PPI being debited from his card.There are 3 examples of these.

 

Problem for me the number listed next to Gold CC ending 6165 on one sheet shows opened 16-04-2012 document sent to FOS has it being in use Jan 2011.

I have four numbers listed as Gold CC, two I can track transactions on, two I cannot,my husband thinks they may be the PPI numbers would they be listed as credit cards ?

 

 

[Rohannah]

Actually this may all be irrelevant,

 

PPI payments started being applied 2005 after my husband became self employed

which the bank was aware of and there are documents relating to this in the SAR

 

although we believe the PPI was attached to the card taken in 1999 when he opened his account

he never used the card until 2005 .

 

So not bad as he also had PPI on the loan taken out in 2005.

 

To sign for one PPI is unfortunate to sign for two could be seen as carelessness........sorry Oscar

[Rohannah]

Hi Brig,

I have not found anything else that appears relevant the salient point

 

seems to be HSBC say the account +card with PPI was opened and signed for May 2004

we know this is not the case.

 

However as the whole thing stems from a PPI complaint it is obvious now that both the CC PPI and the loan PPI were added 2005

first reference on statement history is March 2005.

 

A more pressing matter has now arisen as my husband has received a letter from Metropolitan saying cough up or else

and I am going to put the account into dispute whilst maintaining the pro-rata repayments agreed with HSBC ,

 

a reply to the CCA request should arrive in the next couple of days and the fog in my brain may have cleared by then .

[BRIGADIER2JCS]

Hi Ro,( ooh that sounds Chinese ). You are taking the right course of action.

gather all the proof of the original account dates that you have, then I'll put together

somthing to challenge this.

[Rohannah]

That's great thank you very much,I think I've been reading Chinese the last couple of days or Alien.

[Rohannah]

Hi Brig,

this is all I could extract-it's not much.

 

1.Document showing customer since 07-06-1999 commencement of current account 08-06-1999. 3 updates of account shown 1st one date unknown other 2 dated-22-07-2002.

 

2.Document dated 25-05-2004 shows previous address and card number ending 802.employment details wrong as husband had not worked at this job for some 2 years. Data input by number ending 417.

 

3.Document same as above but dated 24-05-2004 but no previous address or card number shown.Data input by number ending 658.

 

4.Document same as 3.Data input by number ending 658.

 

5.Document showing CC end numbers 802 opened **25-5-2004.**** 1 update on 22-07-2002.**

 

6.Document showing CC end numbers** 173 opened 02-11-2009**.1 update on**

 

Statement history earliest date for CC 802 is 08-03-05.

 

Nothing in the SAR material goes back to May 2004

 

I don't think there is much that can be done with this do you ?

 

regards

Ro

[BRIGADIER2JCS]

Hi Ro,

 

Something is not right, account opened 1999 was a current account according to the bank?

Your belief is that this was in fact a credit card account?

Coould the 2004 card be a new card perhaps an upgrade of a previous one?

 

5 Shows card ending in 802 opened 25 05 2004 one update on 22.07 *2002* updated before it was issued.

 

If I'm thinking right here there a probably 3 cards, 1 original 2 up dates/ replacements.

Makes me think the records have been doctored!!!

[BRIGADIER2JCS]

Going to see if any of my colleagues see the same scenario.