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Hoist/? Claim Form - old husbands HSBC OD 'debt'

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If you have already contacted HC i would not bother.

 

Before mediation, you will get a phone call asking questions to see whether mediation is appropriate. Because this debt is not your husbands and there is no proof, then the mediation company will report back that mediation is not appropriate.

 

I would just chase up HC, if you don't hear back from them say within 2 weeks, just reminding them that this HSBC account is not your husbands.


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Thank you, unclebulgaria, that's really helpful. I'll put a note in my diary to prod HC if I don't hear anything by, say, 12th December. I wasn't too sure what to expect from a mediation telephone call! Hopefully, my husband will be able to deal with that himself, but if not, I'm prepared now!

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I agree, that mediation here is a waste of time.

 

Mediation is not suitable for this kind of matter and in fact on the mediation website – somewhere or other, it actually says that mediation is probably not normally suitable for debt matters.

 

The other most critical indicator is the presence of room for negotiation, for

example, mediation may not be suitable for a simple debt recovery action.

Page 9 - https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Guidance/civil_court_mediation_service_manual_v3_mar09.pdf

 

This is also written elsewhere.

 

You can have a look in the Consumer Survival Handbook about what we have to say on the subject to mediation. By and large it is not suitable for this kind of thing. Mediation is only suitable where both sides have something to give and something to gain. When you are dealing with the debt purchasing industry/factory conveyor belt, there simply in the business of making short-term profits and generally speaking it's an all or nothing attempt. There are scarcely any solicitors who are trained in mediation or an alternative resolution and frankly this is only something which works well when you have two parties who are roughly equally powerful from an economic point of view and there are other incentives to do deals and to compromise, such as the prospect of future contracts or exchanges of information.

 

Furthermore, if despite all of the letters that you have been sending, the other side still think that they going to achieve something by talking to you, it means that either they've decided to ignore you or they just decided to push their luck or else they simply don't get it.

 

I would simply respond until not to waste the time of mediation and start reading the correspondence and that if they don't want to do that then you'll see them in court.


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Make sure that you follow our mediation link to get some idea of how low level mediation between unequal parties is generally predicated on the fact that the smaller party will be persuaded to give up some of their rights. What is extremely disappointing is that we have found that mediators tend to encourage this. This is not their role it seems that they are interested in getting a rapid settlement sorted out so they can chalk it up as a success and get their money.


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I, too, have wondered, BankFodder, what on earth they think we would say to the mediators - "Oh, actually, even though it isn't his debt, my husband will pay you £XX just to get rid of you". That won't be happening, of course, but yes, I really think that they're desperate for this enormous £307 plus costs!!

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Of course, it's up to you but I would suggest that if the mediation service contact you then you say to them that you are not sure about mediation but you certainly won't enter into any mediation at all until you have received the SAR disclosure and also that they have sent considered responses to the correspondence that you have sent them.

 

Tell them that this is nonnegotiable – but also don't commit yourself to mediation in any event.


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Thank you, BankFodder

- I was certainly going to say to Howard Cohen that I would suggest that mediation, if indeed they insist upon using that service, only goes ahead once the SAR enquiry has been decided,

but I will also say this to the mediation service if they do get in touch before HSBC's SAR deadline.

 

 

I was most definitely going to be pointing out that we have received zilch response to our requests for proof of the debt and it being statute-barred, to both HC and mediation.

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Howard Cohen have no right to insist on mediation. No one has the right. It requires consent from both parties. The SAR is not an enquiry, it is a statutory request – and there is no decision to be made. They are obliged by law to satisfy your disclosure request.

 

I should be quite firm and quite dominating about this whole business if I were you. Be very clear with a mediation service that Howard Cohen have not done anything to win your confidence because of their failure to address the issues that you have raised in correspondence.

 

If you want to know, I think that Howard Cohen didn't expect it to become this troublesome and they are now looking for a way out and to save a bit of money.


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I like to think exactly the same, BankFodder, that they didn't bet on some enraged, 50-something woman fighting her husband's corner! If you don't mind, I would like to use your exact words if and when I need to: "Howard Cohen have not done anything to win our confidence because of their failure to address the issues raised in correspondence".

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Be my guest.


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hows it going?

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Good morning, dx

- thank you very much for your enquiry!

 

We've heard not a sausage since the letter from Howard Cohen telling us that Hoist are going for mediation.

 

Our letter to them, which crossed over with theirs, told them that we had sent an SAR to HSBC, so we imagine that they are reconsidering the mediation for the time being.

 

HSBC's last date for responding to the SAR is 1st January.

Nothing else has come from the Court, so we are just going to wait out the remaining time for the SAR.

 

I'm thinking, though, that if HSBC had found anything, we might have had notification from them by now

- as my husband has stated to everyone repeatedly that he's never had any sort of account with them or Midland Bank we're thinking it's highly unlikely!

 

If anything does crop up, I will, of course post it - I really appreciate you asking.

 

 

Catherine.

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Good morning!

 

The latest news on this

- my husband received a letter from HSBC this past Friday, 16th December, advising that they had sent the SAR information to their Fareham, Hampshire branch for him to collect in person. All fine so far.

 

He has just phoned me from that branch, telling me that they require him to sign a receipt for the information, but that the receipt states something like "I confirm that I have closed all current and savings accounts with HSBC".

 

Of course, he feels that he can't do this, because he has never had any sort of account with them, and that it would be stating a falsehood.

 

He asked the staff if there was an alternative receipt for him to sign, or if he could write something on the receipt to state that he's never had an account, then sign it, but no, they can't accept this.

 

he has left the stuff there for now

- we still have a few weeks in which to collect it, obviously.

 

Part of me is tempted to say do it and just get him to sign it anyway,

but then, a larger part of me absolutely agrees with him.

 

Nonetheless, we've still paid £10 to have this information sent, and of course we want to see the confirmation, in black and white, that Hoist and Howard Cohen can go and do the other thing, with knobs on.

 

I'm wondering if it might be reasonable to arrange to see the branch manager at some point, or at least someone in slightly higher authority than the general branch staff

 

- my husband apologised to the lady he saw this morning for seeming frustrated, and did explain a little of why he'd requested the information.

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get onto ICO office straight away and inform them about these facts

 

 

ICO = INFORMATION COMMISSIONERS OFFICE = I had some issues with HSBC in the past and they got pulled up

 

 

 

ce?

 

Helpline

Call us on 0303 123 1113, Monday to Friday between 9am and 5pm.

 

Live chat

One of the quickest ways to get in touch with us. Have an online conversation with someone at the ICO.

 

Email

Use our form or email us.


:mad2::-x:jaw::sad:

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Thank you, Old Cogger - checking out their number right now.

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Get him to sign "under protest" signature.

 

Tell them you want a copy of the receipt.

 

They are acting unlawfully to impose any conditions on allowing you to receive your statutory disclosure.


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Live Chat is down today!!! Phone is fine, though.

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" He has just phoned me from that branch, telling me that they require him to sign a receipt for the information, but that the receipt states something like "I confirm that I have closed all current and savings accounts with HSBC".

 

Of course, he feels that he can't do this, because he has never had any sort of account with them, and that it would be stating a falsehood. "

 

So if its not his debt and has never held any accounts with HSBC what the problem in signing...? Its irrelevant anyway.......but more importantly if he has never held any accounts what data exactly do they hold and are providing ?

 

Or am I missing something ?

 

Andy


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Hi, Andy - if he's never had any sort of account with HSBC, how can he sign the receipt to say that he is confirming that he's closed all current/savings accounts with them? This was his point - he never OPENED any accounts with them in the first place. Old Cogger and Bank Fodder have suggested that he sign "under protest" and also that we speak to the ICO, and also that HSBC can't actually withhold the information that was requested. When I get home to speak to him, I'm going to suggest that he does the "under protest" signature and just gets the documentation.

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But thats just the point...if he did have other accounts with HSBC I would understand your dilemma...but because he has not or ever had had any financial dealing with them...signing it is relevant...and you get your data which in reality they shouldn't have any ?


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I think the fog in my brain is clearing, Andy! Yes, I see what you're saying. Either way, he must get hold of the envelope - if he's happier putting "under protest" then that's totally up to him, and I'm sure he can ask for a copy of the receipt in any case.

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The point, as you are understanding, is to get the disclosure at all costs. As Andy has suggested, it doesn't really matter a jot with you sign that your closing all accounts – but signing that it's under protest might be useful if only as a matter of principle. Of course, I can imagine that the defensive jobsworth bank staff may refuse to allow that – although they have no right.

 

Similarly, HSBC have absently no right to impose these conditions because you are simply enforcing a statutory right and so they are breaking the law. What's new?

 

Whatever you decide to do, I would make a complaint to the Information Commissioner about this. In writing.


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Please can you refresh my memory, as this thread has gone so long and has become so involved,

 

They issued a claim

you filed a defence

did you file a counterclaim?


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Hi, Bank Fodder - thank you for that. Yes, I think that he should just go for it, sign and get the stuff. I think I've become far too worked up about this case, as has my poor husband! It's hard not to, though, especially when you're getting absolutely sweet FA from your requests for information etc from Howard Cohen! Rational thinking is what is required!

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No counter claim filed, Bank Fodder. I fear I'm now making your eyes roll towards the skies! Are we too late to do so, or is this something that can be done once this has been sorted?

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