Jump to content


  • Tweets

  • Posts

    • Keir Starmer will on Monday call for the energy price cap to be frozen at its current level of £1,971.   If France can do it .. and more .. then why cant we     As Truss say she might stop higher earners getting 400 quid relief .. being as someone else has pointed out they dont need it and that higher earners would benefit the most BY FAR from other help   .. never mind, shes still got the £3500 energy expense account on top of the £1,700+ relief shes still planning to give herself and those like her   Truss could strip ‘high earners of £400 energy bill support’ - follow live WWW.INDEPENDENT.CO.UK The Labour leader said its plan will be laid out in the coming days  
    • Well, heres another the of the Trump'et team thats about to be thrown to the dogs eh? Hope he's ready for the death threats from the trump nuts.   "a lawyer for the ex-president also told the Department of Justice (DOJ) in June that all classified material at Mar-a-Lago had been returned."   "At least one member of Mr Trump’s legal team signed a written statement earlier this summer stating that all of the materials marked as classified which were stored in boxes at Mr Trump’s private Florida club and home had been handed over to the government"   Trump ‘appealed to Garland before FBI warrant was unsealed’ - live WWW.INDEPENDENT.CO.UK Rolling coverage of the latest developments following the FBI search of Mar-a-Lago .. Trump says - its all that traitors fault.
    • More like they are no use to them, and what little use is negated by the 'extreme' requirements of the smaller party(s)   .. Con/DUP aside     erk! - how did overwhelmed become warmed in that last post! I've also noted that when quoting, then type straight away, sometimes my text goes in backwards (literally reversed) until i delete the whole line and start again. - weird, Trojan scans come out clean and those aren't simple typos
    • POC   1.The Claimant claims payment of an overdue balance in the sum of 1739.60 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number **********   2.The Defendant failed to maintain payments in line with the Agreement and the Account has now matured.   3.The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.   Note: The above is paragraphed by the Defendant as Claimant could not be bothered.   Defence    1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2. Paragraph 1 is noted and accepted I have in the past had financial dealings with AvantCredit. I do not recall the precise details or agreement and have sought verification from the claimant and their solicitors.    3. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or AvantCredit.    4.It is therefore denied with regards to the Defendant owing any monies to the Claimant,   the Claimants solicitors have failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 on date 26-07-2022 (recorded delivery), and the claimant remains in default of my section 77  request, dated 26-07-2022 (recorded delivery).   Therefore the Claimant is put to strict proof to:  (a) show how the Defendant has entered into an agreement; and  (b) show how the Defendant has reached the amount claimed for; and  (c) show how the Claimant has the legal right, either under statute or equity to issue a claim; and (d) show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;    5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for.   To date the Claimant has failed to comply to my section 77 request and their solicitors, TM Legal Services, likewise.     6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   once again many thanks for your hard work and guidance dx    
  • Recommended Topics

  • Our picks

  • Recommended Topics

HSBC litigation?


Shah57
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 621 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello 

 

I will keep this short

 

HSBC blocked my account without warning in January and only reopened it yesterday after 10 months. They've given me £1,000 as a way of saying sorry. The blockage was due to an error in their system but it has led to the following for me - 

 

7 defaults on credit file to the value of £152000, rent arrears of £2000 , paypal has closed my account which I had since 2003 as one of the defaults was with their credit services and as a result of this my online business has gone bust as PayPal was the only way I could get payments from clients. Car repossessed as finance payments were also blocked. 

 

Can anyone advise if I have a case against HSBC either through the ombudsman or the County Court to recover all my losses ?  They have already told me they will not be increasing their compensation . Thanks 

 

 

Link to post
Share on other sites

and you have this in writing?

did they give a reason why this happened other than 'an error?'

and did they register any kind of fraud or cifas marker on your file too?

 

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... 

Link to post
Share on other sites

Yes, letter simply stating review done, it didnt say it was simply down to a glitch in their system which caused them to review my account but nothing else could have caused it. The review took so long due to the pandemic and staff shortages. Nothing untoward was identified in the review and nothing was registered with cifas

Link to post
Share on other sites

got to have been due to them being suspect of large unaccounted for sums going in and out, sounds like a fraud investigation to me as thats the only real reason banks totally block everything.

 

you say this happened in january..why did you not immediately get all your going forward income paid to another account?

that doesn't take 10mts.?

 

you are going  to have a hardtime claiming defaults on your credit file some +3mts later and a repo'd car some month later is their fault.

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... 

Link to post
Share on other sites

The largest ever amount that went into that account was £500 which was about 7 months before it was blocked. 

 

There was no going forward income as the 1st lockdown came 6 weeks later and I went straight onto universal credit after that and have been on it ever since. 

 

Bottom line, at the time it was the only account I had add and all of my savings of £16500 were in there which I had no access to after it was blocked. Tried to contact the car finance company but no one was available throughout the pandemic likewise many other companies who registered a default

Link to post
Share on other sites

Could the payment from Paypal spooked HSBC? Personal Account vs Business Usage? 

Not unheard of for them to do a review for this reason etc

  • Like 1

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

did you immediately and regularly WRITE to hsbc informing them of the issues this block was causing you, specifically relating being unable to pay rent, credit payments, car finance etc and the imminent closure of your paypal accounts that will result in the closure of your business too?

 

did they reply each time?

 

 

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... 

Link to post
Share on other sites

Fairly low amounts were going in from my PayPal account such as £150 every 4-5 days or so , I can't imagine such tiny amounts spooked them. It was a business account (had it since 2010) but I was entitled to use it as a personal account too ie pay for fuel etc. There is no law against that. 

 

Yes, when I first became aware of it as as letters were being sent by companies not getting their direct debits that's when I first knew and called them and they just told me it's under review.

 

I did indeed tell them of the consequences i.e. car repossession, defaults etc but they still said they had to carry out the review.

 

Only spoke to them once throughout the first lockdown due to the huge queues.

In total I spoke to them about 4 times about this and wrote to them once.

They did it did not reply to the letter. 

 

Bottom line, review done.

Nothing identified.

My credit history is wrecked for 6 years and I'm financially ruined.

 

 Do I have any comeback beyond the Paltry £1000 they have given ? 

Link to post
Share on other sites

send HSBC and sar leave it as is but specifically add you wish phonecall recordings or transcripts of all call since xyz date.

 

i don't think £1000 is enough no, but if this was me i would not have simply relied upon a few phonecalls here and there and only one letter if my whole life was falling apart , nor would i have awaited for them to resolve the issue so 10mts had elapsed till i seriously tried to do anything about it

i would have written to the CEO daily....

 

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... 

Link to post
Share on other sites

I did as much as I could do. I wasn't going to stay on the phone for 4 hours each time during the lockdown was I. 

 

Would court action likely succeed? A solicitor said something like this is likely to be breach of Duty. 

Link to post
Share on other sites

you need to prove HSBC were fully aware, in detail, of the very serious nature of your predicament.

i'll be honest and say as it stands , unless their account/comms log via an sar has notes or they have the phone call details, you don't appear to have been too bothered this was going on...from the evidence available.  a court would take the same view i think sadly.

 

you appear to have been more than happy to await some outcome where you believed they'd wave a magic wand and make it all correct again.

 

a letter from them to each establishment detailing their (HSBC) error and wanting defaults removed and the car returned and payments made upto date etc etc would be a good result, but i cant see that happening.

 

a 10 month delay is very unusual, we normally see these issues resolved within 6 weeks by most banks.

i think the sar is going to be the key here.

 

but that doesn't stop you from WRITING now to the CEO and complaining, carefully but briefly detailing, by simple bullets points how their 10month investigation concluding it was their error has ruined your life and what are they going to do about it.

 

 

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... 

Link to post
Share on other sites

Got it, hsbc were aware, I told them and surely they could see the direct debits that had been going out of the account previously and that were now blocked. 

 

10 months is indeed usual. I've never heard of it happen to anyone before but my gut feeling is that the lockdown had something to do with it. 

 

I will write to the CEO and see what he/she has to say but to get a large amount which is at least equivalent to all them defaults should I go to the court or the ombudsman ?. The ombudsman has a long wait of over 5 months at the moment. I could go directly to court and as I'm on Universal Credit I'm exempt from any fees. 

Link to post
Share on other sites

Lets put this into perspective.

You wont ever get £1000's out of them most def not the £15k? you are after..wont happen even through court.

 

And if you dont get written evidence they knew but stupidly did it all on a phone without recording your calls up creek are you. Your word against a powerful bank.

 

If your pp account were to be sorted is your business one that would recover? And why didnt you simply open another pp account with differing details using another bank ac and link that to your business?

 

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... 

Link to post
Share on other sites

Well the banks do record calls don't they so the court can ask them for the phone transcripts. 

 

It was all too much of a hassle trying to open a new account as I thought it would be resolved in a few days but clearly it was not. Anyway I will see how this goes. 

Link to post
Share on other sites

Just now, Shah57 said:

Well the banks do record calls don't they so the court can ask them for the phone transcripts. 

 

It was all too much of a hassle trying to open a new account as I thought it would be resolved in a few days but clearly it was not. Anyway I will see how this goes. 

 

You had 10 months though... Surely by week 3 ... You would have realised something was up? 

Not being critical but just wondering if you thought about it?

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

It's £152000. Ie loans, car finance,  credit cards etc. 

 

I did.

Tried to resolve it with the bank but it never happened and about three weeks later the lockdown came.

This is when my credit history started deteriorate with late payments and the chances of getting another bank account were low. 

Link to post
Share on other sites

Arh you fell into the trap... 

Just because of a poor credit score - You can get another Bank Account :) 

 

Monzo / Starling if you like self service with an App etc.

Barclays and Lloyds would be a good idea. Barclays is easiest to get a Basic account with / Lloyds has better CS.

Nationwide have a great basic account too. 

 

Im going to warn you now. If you have now got your account back - Get out of HSBC now and go elsewhere. HSBCs monthly reviews will likely kill any oustanding Overdraft etc and itll be called in due to the defaults etc. 

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

I will go elsewhere,  but it doesn't mean i let them get away with ruining my credit history 🙂,

regardless of anything it was a they who are responsible for ruining it not what I didn't do.

 

If they did not block the account for no reason then nothing would have happened.

 

Simple as that. 

Link to post
Share on other sites

34 minutes ago, Shah57 said:

Well the banks do record calls don't they so the court can ask them for the phone transcripts. - not their job thats yours to prove .

 

It was all too much of a hassle trying to open a new account as I thought it would be resolved in a few days but clearly it was not. Anyway I will see how this goes. 

but you have waited 10mts and in a nutshell have done little to nothing to mitigate your issues.

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... 

Link to post
Share on other sites

36 minutes ago, Shah57 said:

It's £152000. Ie loans, car finance,  credit cards etc. 

 

I did.

Tried to resolve it with the bank but it never happened and about three weeks later the lockdown came.

This is when my credit history started deteriorate with late payments and the chances of getting another bank account were low. 

 

£152k? or £15.2k or £1.52K

 

covid is no excuse for you or them trying to mitigate your losses.

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... 

Link to post
Share on other sites

Apart from calling them multiple times what else could I do ? They kept telling me it will be dealt with. I could not call them everyday could I ? 

 

It's one hundred and fifty two thousand 

Link to post
Share on other sites

and your business was ever going to make that kind of money..?

 

there is absolutely no way you will ever get even 1/10th of that out of anyone in court let alone a multinational bank who will crush you dead.

 

the best here you could ever hope for is hsbc up their offer a few k, and give you a letter to copy to all the orgs that have defaulted you admitting it was their mistake that prevented your access to your money and if you were to now bring the balance upto date, would they remove their default.

 

 

 

 

  • Thanks 1

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... 

Link to post
Share on other sites

Probably not but those are the values of the defaults which I'm now being chased for. 

 

I don't think I will get 7 defaults removed,  the best I can hope for is have them satisfied 

Link to post
Share on other sites

no such thing.

 

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... 

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...