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    • Email and call your local councillor, their details should be on Google.  Just explain everything to them and they will have the bailiffs off your back in short order.   Do it now, and this could be resolved by tomorrow.  
    • Your latest ramblings make no sense in relation to the issue (which is whether a person hearing an SD can question the maker as to its truthfulness and reject the declaration if they are not satisfied as such).     It's not within 21 days of the hearing it's within 21 days of learning of the conviction of which they were unaware. I don't know what it is you are reading or are referring to but there is no "debtor" involved in an SD that is made to have a conviction set aside. When an SD is heard in court the only officers involved are the court's Legal Advisor and the Magistrates themselves.   I’ve just been looking back at the original post which started all this off to ensure I wasn’t going mad. I’m pleased to say I don’t think I am. Instead I am of the opinion that you did not properly grasp what originally happened to the OP and compounded that by providing incorrect, misleading and confusing advice whilst plucking bits of irrelevant legislation from thin air randomly when you commented. Here’s a few of your quotes and my comments for you to consider.     The OP said no such thing. She said she had moved three years earlier. For some reason unknown, her change of address was not recorded by the DVLA. She said she was happy to accept the speeding allegation. This indicated she was driving (a fact she confirmed absolutely soon afterwards). Nowhere did she ever say she was not the owner of the vehicle at the relevant time.         So, from advice to plead Not Guilty to advice to plead Guilty inside two hours, with no new or additional information provided. Still you mention somebody else being the driver.         What is an “out of time statement” and where and when was one ever mentioned?     Then from the OP:       Your response:       The cause of any confusion was your comments. She said from the outset that she did not live at her old address when the offence was committed (in fact she went to some lengths to explain that was why she did not receive the court papers). Nowhere did she suggest she was not the driver nor that she could not or would not disclose who was.     No it isn’t. A Statutory Declaration voids the original conviction as if it never happened. Section 142 of the Magistrates’ Court Act is not involved with the resurrection of proceedings following an SD. That Section grants the Magistrates powers to re-open cases to rectify mistakes, etc. There has been no mistake here, the Magistrates will not be called upon to re-open the case and could not prevent it being revisited even if they wanted to.   Then we set off into the intricacies of the Statutory Declaration process which is covered above.   I’m not surprised the OP in this particular case became confused. Her matter is straightforward enough (for those who know the law and the process). In summary: She moved; She thought the DVLA had her vehicle registered at her new address but they hadn’t; Her vehicle (with her driving) was detected speeding; She (unsurprisingly) did not receive the notification of that offence or the request for driver’s details; She obviously didn’t reply to that request, she was prosecuted for it, convicted in her absence and without her knowledge.   Happens every day and simple to deal with.   Unfortunately, not when you became involved it isn't. Firstly you grasped the wrong end of the stick by assuming she was not the owner and/or the driver. You advised her to plead Not Guilty on that basis. Then, when you had grasped some idea of what had really happened you suggested she plead guilty to the S172 offence purely on the basis she had moved and the speeding information was sent to her old address. Very poor advice. Then you scared her witless by incorrectly suggesting there was a chance her SD would be rejected if it was thought her declaration may be untruthful. There also followed discussions about the six month time limit for prosecutions and the 21 day limit for SDs to be accepted unconditionally (both totally irrelevant).   I don’t suppose you will accept any of these criticisms but whether you do or not you clearly caused the OP considerable confusion and probably distress. My comments are not based on something I've heard on the net or on barroom (sic) knowledge. They are based on my knowledge of the law and of Magistrates' Court procedures.  It's obvious you will pay no heed to me so when I see any such clearly misleading information provided to an OP by you in this section in future I will simply report it to the site's administrators.
    • Just ignore unless you receive a PAP letter.    Chances are you will run out the clock and it will become SB'd.    
    • Sure I read somewhere that PayPal MADE 2.2 billion dollars in 2018, so I guess losing out on say 10 million a year in negative balance is more cost effective than paying tax in the UK?  Dont get me wrong I’m by no means saying “sod it” they can afford it, I’m just hoping they don’t take me to the cleaners and at least give me time. 
    • I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As the sole income earner for the family (my wife is on maternity leave), a criminal record would be devastating for us as my employment relies upon a clean criminal record.   On the 22nd I was travelling to London Bridge and needed to connect at Three Bridges. When purchasing my ticket in the morning I only bought a ticket to Three Bridges by mistake.   I made a bad error and I am just so sorry for my actions and the inconvenience caused to all involved.   I am happy to make immediate payment of the unpaid fare and any incurred costs that my mistake have caused.   I would appreciate your consideration and I sincerely hope that you can show some leniency as an criminal conviction would impact my employment and ultimately being able to provide for my family.   Regards   I cant offer to get a monthly ir annual as I only travel a handful of times per year.
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coly coly

Been paying 'managed loan' Merged debts since 2006 - is this a dn?

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I defaulted on a debt in 2006 but the bank did not register the default with the CRAs.

 

 

I paid them reduced sums through the CCCS.

 

 

In 2008 I came out of the CCCS and paid the bank direct.

 

 

I received the attached letter.

No Final Demand received but it was managed by Metropolitan.

 

Is it a valid default notice?

 

I continued paying First Direct what they were asking for but in 2012 commenced much reduced, token payments.

 

At the end of 2012 HSBC marked my credit files with details of the account as an Arrangenent to Pay.

 

Is the 2008 letter a Default Notice?

If it is, does this mean that the account have been removed from my credit files after 6 years?

first direct.pdf

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Hi coly coly and Welcome to CAG

 

No thats not a Default Notice.


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Should it have been defaulted and can I do anything about this ?

Edited by coly coly

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Wait, who are you paying now? And how much?

 

What was this a loan?

 

Alarm bells are ringing!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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HSBC Debt Collection (formerly Metropolitan) , and a token payment of £24 each month on what was originally an £18,000 debt. They froze the interest in 2006. Since 2006 I have brought the balance down to £7,000.

 

The balance is a loan, credit card and overdraft all "consolidated" when I defaulted on the loan element in 2006

Edited by coly coly

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So you took out a loan to pay off an existing loan, credit card and overdraft?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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So you took out a loan to pay off an existing loan, credit card and overdraft?

 

No sir.

The bank merged the 3 debts owed to them into one consolidated debt in 2006, when I defaulted on the loan.

 

 

I then went on a CCCs DMP until 2008.

Have paid Metro and now HSBC since.

 

i.e. THEY (First Direct) merged everything into one balance for me to repay, interest free, in 2006.

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Ah ha!

 

Then they are cash cowing you!

 

The bank CANNOT merge three seperate accounts, that have completely different T&C's and interest rates, that is a big no no!

 

IMO I'd stop paying, lodge a formal complaint with the bank with the full intention of escalating the matter to the Ombudsman.

 

In the mean time send the Bank, or whoever it is you're paying a CCA request, costs £1 and they have `12+2 'working' days in which to satisfy your request.

 

Send a BLANK postal order for the fee £1.

CCA request her, ensure you read ALL four posts attached to this link as DX explains the exact process.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**http://

 

If you're not happy with not paying them anything, then drop your payments down to £1 a month.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I missed a payment last month

- my first in 10 years

- because I mistakenly paid someone else twice instead my error

I sent them a cheque to make it up.

 

 

In the interim, they sent a letter threatening to take me to court for a CCJ to sell my house.

I sent a covering letter acknowledging the debt, as I have always paid my debts.

 

On their breach for merging, do you have a template letter I can make use of? Or any suggested form of wording?

 

Ref the CCA letter,

the account number they use

- have used since 2006 - is the current account one.

 

 

What they did was add the loan and credit card balances to the overdraft and continued using the bank account as the generic reference. Any CCA request will just show up the current account info surely?

 

Also, as it is more than 10 years old (the debt) they may not be able to supply proof of the consolidation from 10 years ago?

Edited by coly coly

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Aha the old HSBC managed loan debacle

 

Person I'd be getting an SAR off to them

Let's get all the statements

 

Who else are you blindly paying

Simply because 'you always pay your debts'???

 

Doesn't mean you owe all anyone claims you do....

Re charges,PPI,interest etcetc


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Thread retitled and moved to HSBC forum


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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spreadsheets 

 

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I want to know if it is defaulted or not, and what can be done about removing it from my credit files.

 

I will look into the legality of their claim next.

 

 

But for now I'm interested in exploring what can be done about this on my credit files.

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Well they are very unlikely to ever go near a court room.

 

 

They wont have a CCA for a merged debt.

One wont exist.

Especially that old.

 

 

Thats probably why theyve allowed you 10+ years to pay off a 18k debt when they could have gone to court a long time ago.

 

Get that CCA request running.


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..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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They shoved everything into my current account so presumably there won't be a CCA to send.

Also, it goes back 6 years so they probably won't send any evidence of the credit card or loan elements under a SAR.

 

I will send for a CCA and SAR but if I'm right I won't get a CCA for a current account

and there will be nothing going back more than 6 years.

 

I don't think I have kept any old credit card or loan info.

What I need are statements proving the consolidation of the 3 liabilities plus CCAs for the credit card and loan.

 

But, on the credit files issue, can I get them to remove it?

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Most likely. But you need to deal with one thing at a time.

 

I would be way more concerned that you were tricked into paying thousands of pounds when they werent legally entitled to it, rather than a marker on your credit file.


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..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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use our search cag box of the top red toolbar

 

 

type in hsbc managed loan

 

 

and get reading


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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use our search cag box of the top red toolbar

 

 

type in hsbc managed loan

 

 

and get reading

 

 

Thank you, will do.

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I file trawled and see that I sent a CCA request back in 2010 on this.

 

Here is what HSBC sent back.

They are saying no CCA request is valid because they rebooted the loan and credit card in the merged plan

 

. I have sent a fresh CCA for the loan, credit card and anything relating to the managed debt plan

 

let's face it their response is going to be the same or similar.

 

 

I would like to know:

 

 

1. what constitutes a Default?

2. is the HSBC managed loan legal?

3. Has anyone successfully had an HSBC managed loan forgiven?

4. If I stop paying, can they trash my credit files and get a CCJ?

FD CCA.pdf

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Sar time

Go read those threads I posted

Particularly those from and helped by citizenb


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Well reading that missive from the bank, would in turn warrant me turning off the taps to their profit pocket, and I'd stop paying. IMO.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I'll send a SAR and report back here.

 

However, if HSBC only provide 6 years' data then I'm surmising a SAR may not be helpful (the loan element of the account dates back to 2003, the credit card and current account earlier still; as stated, I defaulted in 2006).

 

If they do come back with nothing of any use from the SAR, given we know the CCA did not show up anything, then what?

 

On what basis do I refuse to pay?

I did borrow the loan money and I did rack up the credit card and the overdraft,

so on what basis would the court allow me to evade the balance of the debt?

Because it is unenforceable? If so, how?

 

Also, can you tell me what I do about the credit files?

Can HSBC record this on my files if I defaulted in 2006?

I did not, apparently, get a formal Default but did 'default' (if you follow what I mean).

Edited by coly coly

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HSBC will have more. usually on microfilm but theyll try and say they dont

 

if no CCA then you dont pay. Youre being fleeced big time and you need to start reclaiming.


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..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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if no CCA then you dont pay.

 

 

On what basis? I don't understand.

 

 

you need to start reclaiming.

 

 

Again on what basis? Can I claim back what I have paid back to them all this time? Really?!

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As the debt is with the OC I would think very carefully about withdrawing payment.

 

Andy


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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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As the debt is with the OC I would think very carefully about withdrawing payment.

 

Andy

 

Exactly! I don't want to make this worse and need to be absolutely sure that I can legally withhold repayments to the bank. On what basis can I attempt such a move? I'm not being told that, simply that I'm a "cash cow" but as a legit debt I can't just stop because the bank cannot produce the CCAs surely?

 

Unless there's something about these being a "merged loan" that makes it different?

Edited by coly coly

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