IDEM Claimform - HSBC Loan or was it?***Claim Discontinued***

[Tbirdo]

Thanks for quick reply Andy.

My OD account did have a £1500 limit, it’s only when I started to miss payments on my loan (6 in total) that i was charged late fees and the loan amount was still taken out of this account.

If memory serves me correctly it went upto £2800

Was then managed by metropolitan DCA

[dx100uk]

who were HSBC in sheeps clothing internal fake DCA.

[Tbirdo]

Yes they are/were

I was also still paying a reduced amount to 2 accounts.

1 for the OD account and 1 for the loan account, so for idem to come and say that HSBC merged these 2 accounts together is false.

[AndyOrch]

Thanks for quick reply Andy.

My OD account did have a £1500 limit, it’s only when I started to miss payments on my loan (6 in total) that i was charged late fees and the loan amount was still taken out of this account.

If memory serves me correctly it went upto £2800

Was then managed by metropolitan DCA

 

They still have to equate for a further £6.2K......which cant all be penalty charges and monthly payments ?

[Tbirdo]

Yes your right Andy. The rest of it was/is the loan, and no not penalty charges/monthly payments

[AndyOrch]

Therefore they must be able to disclose the loan agreement and comply with your section 77 request..on which its claim relies upon.Until such time the alleged amount claimed cannot be enforced based on a overdraft facility....which only facilitates a limit of £1500.00

[Tbirdo]

Right thank you for explaining it in more detail, I am starting to get the hang of things now. In the mean time I am reading other threads to get a better understanding of the whole “how to deal with DCAs” process.

Thanks to you Andy and DX for assisting me so far, your help and patience is appreciated

[dx100uk]

Hsbc would have merged into OD before sale

 

Use the search CAG box of the top red toolbar

 

HSBC managed loan

[Tbirdo]

Thank you dx

[Tbirdo]

Quick update.

Got a responding letter from idem and a DQ letter.

On the DQ they have ticked NO to mediation.

In the letter they have advised me

 

“We have made a request to the court to place the proceedings on hold for a period of 1 month to enable further enquiries to be undertaken to retrieve the information you have sought in your defence “

 

I guess I wait a month to see what they are going to come up with ?

 

Any thoughts and advice always appreciated

[dx100uk]

NO!! object.

they cant decide that anyway...only the judge can.

 

see what andy says if he pops up,

 

dx

[Tbirdo]

Thanks DX for reply.

How do I object ?

Will wait for Andy to comment

[AndyOrch]

There simply requesting the court to stay the claim for a month..if allowed the court will advise you...no skin off your nose..let them take 2

[Tbirdo]

Thank you Andy for advice. I will have to wait and see what they come up with (hopefully nothing).

 

I will keep updating.

 

Thank you

[AndyOrch]

Thats if the court grants them a month stay......in the meantime your waiting for your Notice of Allocation(N157) which contains all the details of the next stages.

[Tbirdo]

Cheers Andy

[Tbirdo]

Good afternoon.

 

I have received a letter from the County Court informing me that the claim has now been transferred to my local county court hearing centre for allocation.

I take it I am now waiting for the judges directions in a Notice of Allocation ?

[dx100uk]

Post 65

[Tbirdo]

hello everyone.

Idem have sent me a large bundle of letters consisting of transactions that were related to my current account and loan account.

 

I have scanned the letters from idem and also the letters informing me that HSBC have sold the accounts to brittanica DCA, followed by Moorgate and finally idem.

I have also scanned up the original default notice that HSBC sent me for the loan.

 

They have naturally asked for an income and expenditure form to be filled out, and have offered a TOMLIN ORDER so I don’t get a CCJ against my name.

 

Having gone through the bundle there are is no NOA, no CCA for the loan and the default notice has no signature with a date.

docs1.pdf

Edited February 7, 2019 by dx100uk
spacing

[jon8214]

The NOA from Moorgate is dated 11/2015 even though they said they sent it in Feb 2013 - garbage

[dx100uk]

someone been busy with cut n paste software and scans of letters from their filing cabinet.

 

if the DN was issued 19th? august then 30th remedy date is within 14 days so its invalid.

 

ruddy hsbc and their managed loan debacle again.

 

shame you kept blindly paying!! all those years

it would be statute barred as most of these managed loans are now .

[Tbirdo]

Thanks jon8214 for reply , yes I noticed the dates don’t match on any of the letters.

Are theses letters the NOAs then ?

 

Dx you are right I should have stopped paying years ago, but I buried my head in the sand hoping these debts would go away magically.

 

Thanks to you guys I still have hope of fighting it all the way

 

Thank you

[dx100uk]

Well we'll tear those apart in your WS

If they are brave enough to go that far with all the faked cut n paste stuff..and of course no signed agreement etc.

 

Prob find they will try and amend the claim to OD only to save face

 

Someone saw A very large debt that you'd been cash cowed on by many of the fleecers and were paying without questioning anything..hence they sold it around..here you have free drinks on this mug..we're already drunk and have booked our holidays for the next year on his free money..

[Tbirdo]

Thanks dx. I am already reading and taking in other threads as guidance for when I I need to do a witness statement. (If and when ).

I have all the paperwork and proof of postage with signed for evidence.

 

Guess I just sit tight for the moment

[Tbirdo]

Good morning.

DX in reply to your comment about the default notice it is dated 20 August, charges are up to 19 August and to remedy this breach to pay the arrears by 30 August.

Having looked through my HSBC SAR Idem have sent an exact copy of the default notice.

 

In fact I’ve have got copies of 2 default notices issued by HSBC (both for the loan)

The first one is dated 23 June, charges are up to 22 June and to remedy this breach to pay arrears by 3 July.

The second one same as above