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Hi all, have seen the contacts here: http://www.consumeractiongroup.co.uk/forum/showthread.php?74985-****HSBC-Contact-Information-****

 

Does anyone know where I can send a full final offer to?

 

Thinking that I email a copy of the letter as it may be quicker?

 

Thanks

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Whats the story behind the debt?

 

Why are you wanting to make a F&F ?


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Long story short, it's a 8000 unsecured loan that they refused to allow me to pay off slowly. There is no ppi as I've always considered it to be snake oil.

 

They managed to get a default judgement ccj as I was slow to respond. I wasn't able to pay in 28 days and so they got a charging order.

 

I'm looking to sell up and there isn't a lot of equity which I'm planning to point out in the letter.

 

It's a long shot but worth a try?

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The charging order

 

Answers to these please

 

1) was the 8k unsec loan in your sole name or joint?

2) Is the mortgage/property in sole name or joint?

 

If joint, are these both the same joint names?


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Loan was in my name only, mortgage is joint names. Does this make a difference?

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Yes it makes a huge difference and one you will be pleased to learn.

 

Firstly tho, can you go online to land registry and tell us what is exactly regd against your property please?


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Yes i think its £3 but i dont want to spill the beans just yet until i know whats registered, it should be £3 very well spent for clarification


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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(xx.xx.2011) RESTRICTION: No disposition of the registered estate,

other than a disposition by the proprietor of any registered charge

registered before the entry of this restriction, is to be registered

without a certificate signed by the applicant for registration or their

conveyancer that written notice of the disposition was given to HSBC

Bank PLC (Co. Regn. No. 00014259) at care of DG Solicitors, 12

Calthorpe Road, Edgbaston, Birmingham, B15 1QZ (Reference Number

xxxxxxxxxx), being the person with the benefit of an Interim charging

order on the beneficial interest of xxxxx xxxxx made by the Worcester

County Court on xx xxxxxx 2011 (Court reference xxxxxxxx).

 

This looks like the relevant part.

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It is a restriction, or rather a form k restriction.

 

This means that due to it being a sole debt restriction on a jointly mortgaged/owned property, all that can happen should you come to sell is that the beneficiary will be informed a sale has taken place BUT the beneficiary WILL NOT be paid from the proceeds of sale.

 

Had it been a joint debt/joint owned or sole debt/sole owned then the debt WOULD be paid from proceeds from sale.

 

Bottom line is they cant touch you with a form k restriction.

 

You can see now why i had to be sure!

  • Haha 1

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Thanks, that's good news. I am guessing that they will be told of the sale and any equity and come out of the woodwork?

 

The loan was taken out 2005 and the last payment was 2010.

 

They went to court despite offers of token payment and haven't pressed for payment. The ccj will drop off my file early next year.

 

Is it worth making a full final offer?

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Nope, do nothing,

once the ccj has become 6 yrs old and drops off your file then all that is left is the restriction.

 

Note that a ccj will never become Statute Barred but if its been over 6 yrs and no enforcement other than the restriction has happened then they cant go back to court to enforce it, or rather would a very tough time doing so, that was what the charging order was for, but wait, its only a form k restriction! Sorry HSBC, cant see you getting anything out of this one!


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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