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    • Can talktalk pass on a debt that was in dispute?   Is there a template I can send back? They shoulve have ALL the information anyway seeing as they took the debt over.   Not only that, I didnt get notified by talktalk that a debt was being passed on.
    • follow post 4 here:   The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. 1st Oct 2017 - Legal - Consumer Action Group
    • if you read the letter carefully you'll see its nothing to do with talk talk anymore the debt has been sold to JCI who are the stated client on the BW letter   you must reply within 30 days.    
    • Thanks for your reply . The only contact i have had with Goskippy is when i first reported the accident. They took the details of the accident then said ' thanks for letting us know'. They have never contacted me afterwards. I did however contact goskippy a few weeks ago as i felt AX were messing me about. And go skippy told me its nothing to do with them as AX is dealing with it.   Secondly, yes that's right. When they first contacted me asking if i want a hire car, obviously my first question was ' how much is that going to cost me?' Her exact words were, nothing because your insurance covers it. ( the reason why i agreed to the hire car) . Now, their words are ' we are pushing for admiral to pay for the hire car but if we are unsuccessful then we will wipe the cost off and you will not be liable , considering you stick to your hire car agreement and you work with us on your claim' .   I had to sign documents before they delivered the hire car but she explained over the phone the documents were just for me to sign that i would agree to be liable for any damage i did to the car, had to give the car back with a full tank of fuel, i would agree to pay for it valeting if i left the inside a mess ect) obviously i did not mind agreeing to these conditions as of course its my responsibility if i damaged the car or leave the inside a mess ( which i wouldn't anyway) . stupidly i believed what she said and did not read through all the documents before signing them 
    • Just to clarify:   did Go Skippy tell you they were passing this on to AX?   Have AX shown you or linked you to any terms and conditions concerning the provision of the "courtesy" car?  When you said you would have a courtesy car, they didn't tell you that you might have to payfor it - in fact they told you your insurance would cover it?   Have you signed anything with AX concerning the hire car?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies
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HSBC managed loan & Help with Joint and Several agreement


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Hi Guys

Don't know if this is right area but, here we go.....

Firstly thanks for all the helpful posts £60,000 of unsecured debt in default and 6 years down the line a clean credit history......

 

A friend has an issue he needs advice over:-

 

Some time ago his limited company got into trouble.

He was supplying the banking sector and when the banks crashed his customer base disappeared overnight,

he mistakenly paid off his creditors leaving a overdraft of around £20,000.

 

The bank could see he was in trouble and asked for a second charge on his property

when his partner refused HSBC called him in and sold him a managed loan to pay off the overdraft.

 

He maintained payments till last year form his own pocket as the business wasn't trading in any way.

The current balance is around £4,000.

 

His new accountant looking at the situation suggested desolving the company and this was done,

at this time he wrote to the bank explaining the situation and notifying them of financial hardship,

since then all they have done is tried to bully him into payment.

 

He believes the original loan to have been mis-sold as affordability checks would have clearly shown

he had no income (after all this was why he had been called into his branch),

 

 

also the loan wasn't offered it was thrust at his as a no option situation.

We have been through the financial ombudsman route but because the company doesn't exists

as a legal entity they can look at this!!:mad2::mad2::mad2::mad2:

 

What everybody missed was a Joint and several agreement, that he doesn't recall signing let alone having explained.

 

This was signed by another Director and himself,

he doesn't know the whereabouts of the other director having fallen out several years ago.

 

The bank have now placed it to a debt collection agency

who are attempting recovery of this business debt under the terms of the joint and several agreement.

 

We have done a SAR and they do have the J&S

although HSBC have admitted that they can't at this time produce the original loan agreement.

 

My Questions....

 

1/ As this is a business debt, are they able to mark his personal credit file?

 

2/ it is my guess that the J&S although legal is a civil matter

and a court ruling (judgment) is required before his personal credit file can be marked?

 

3/ Is there any useable defence against the J&S?

 

4/ Being that he has personally re-paid 75% of this loan from personal funds

could he tell them to get the rest from the other director who signed the J&S?

 

5/ Can we use the lack of loan agreement to default HSBC

and stop recovery in the same way as we would for a CCA?

 

6/ Could any of his personal assets be at risk, without this going to court?

 

Thanks guys, i know you will come through

 

Regards

 

Dave

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if they cant find the signed agreement it will make things better for him yes.

 

 

as for these managed loans.

yes they were forced on lots of people

I've put you in the HSBC forum

lots of threads on managed loans to read here.

 

 

as for the credit file

if its already dropped off

or has never shown

it cant come back. to harm him

unless they try and get a CCJ and win.

 

 

is the loan still owned by HSBC

or have they sold it on to some fleecing DCA?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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