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My 6+ Year Claim Against HSBC


Spiceskull
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If the payment they make is a goodwill gesture, as it normally is, does it matter what the exact date you claim back to is? By the bank setting a date to which they will/will not pay, are they kind of admitting guilt? Its not so much as to if they owe you or not, it's down to how far back they are liable.

 

If they are not liable... why argue about which date you can claim from?

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Hi Pheonix (apt name, hope you are still rising from those ashes). Hope your move went well and you enjoy your new life. Much respect!

 

Anyway this is a great thread. I am thinking of starting a 6+ claim and I will use all the great info on here as a starting point for my research.

 

Just subscribing and wishing you well. Good to 'talk' to you again.

Cheers

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If the payment they make is a goodwill gesture, as it normally is, does it matter what the exact date you claim back to is? By the bank setting a date to which they will/will not pay, are they kind of admitting guilt? Its not so much as to if they owe you or not, it's down to how far back they are liable.

 

If they are not liable... why argue about which date you can claim from?

 

I know what you mean crusher, but without an admission of liability I don't think we can read this into a goodwill gesture.

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I know what you mean crusher, but without an admission of liability I don't think we can read this into a goodwill gesture.

yep, this is true.

but definitley an idea for the melting pot (thinking out loud type thing)

My learned pal booky and I were chatting about this the other day.

 

I think I'm trying to say... what does the 6 yrs actually apply to? It doesn't apply to a goodwill payment.

 

Its either "I owe you, but it's limited to 6 yrs."

or "I don't owe you, but take this to go away"

 

They can't have it both ways.

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but, they are saying "we don't owe you anything at all, but its not cost effective for us to defend this in court so we will settle up to 6 years (without admission) and the law prevents you from claiming anything older so we won't even consider it."

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but, they are saying "we don't owe you anything at all, but its not cost effective for us to defend this in court so we will settle up to 6 years (without admission) and the law prevents you from claiming anything older so we won't even consider it."

Perhaps.

But at the end of the day, they are paying you to go away.

If they don't make you go away, you go to court to argue if the charges are lawful or not. After that you can argue about the fact that you are one month beyond the cut off date for claiming.

Unless they admit the charges are unlawfull, the 6+ issue is meaningless.

 

(be patient, devil's advocate here)

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Hi Pheonix (apt name, hope you are still rising from those ashes). Hope your move went well and you enjoy your new life. Much respect!
Okay - here I am in sunny Cornwall, a few tweaks and screams and broadband is finally up and running...and...I see my thread has been busy in my absence...give me a day or so to catch up...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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crusher I have set up a new thread dedicated to this approach here http://www.consumeractiongroup.co.uk/forum/legalities/65306-forget-32-limitations-act.html#post557273. Really just waiting to see if BF or Mods will comment on it because those of us who like the idea very much don't seem to be able to take the discussion further. Its turning into a long wait.....tum de tum de tum...then again I am impatient..but why do mods visit the thread and then disappear without word? Probably bowled them over:p
Okay - let's start our own thread...it's no secret that I am really Spicey, and Bookie and I have been discussing starting a specific SOLA thread for a week or two. Give me a day or two to settle in down here and we can make a start on that..:cool:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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welcome to God's Country!
LOL - God!!! The weather is not as good as I had hoped, although a kiddy day today was really nice...:rolleyes:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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har har!

thats like me saying Im a few miles from Truro if I live in St Day! :-D

Rubbish...it would be like you saying that if I actually said it, but I didn't, so it isn't...and besides, I am a few miles from Fowey...my sister lives there and we went over there for the day...:cool:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Trebah? Surely not "Clebah Trebah" by Ian Dury???

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Okay - Glen is Mr Durgan, but what is Trebah's surname???

 

Anyway - pastyfest! Can't do tomorrow or Tuesday, but Wednesday is a distinct possibility...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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best pastyshop in snozzle?
You tell me...I discovered, to my horror, that Glanfields is no longer operational...I shall have to take some advice and get back to you on this one...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Taking this one step further.

Say you have a loan that began more than six years ago, and fell into default with for arguments sake four years ago, does the statute of limitations prevent them from chasing this debt via DCa's etc since the cause of action i.e the recovery of debt began more than six years ago?

Or am I just really realy confused?

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  • 1 month later...
Guest peed orf

Hi Phoenix, did you ever get your pre 6 year data?

 

They also asked me to provide details of the person who had told me that the fiche does exist, so that they can be 're-educated/trained' (i.e. sacked...)

 

If it's of any help, HSBC do keep microfiche and I have a letter with "our ref: FICHE" written on it. The letter dates back to 1996 and has a (photocopy type) copy of my statement with it.

I'm also having trouble getting info and any sugestions would be appreciated.

Thanks PO

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Hi Phoenix, did you ever get your pre 6 year data?

 

If it's of any help, HSBC do keep microfiche and I have a letter with "our ref: FICHE" written on it. It dates back to 1996 and has a (photocopy type) copy of my statement with it.

I'm also having trouble getting info and any sugestions would be appreciated.

Thanks PO

To be honest I have been slack, and I have not got round to doing this yet. I was waiting for another decision by DG, which resulted last week in a "get lost" letter, so now my mind is made up.

 

That you have a letter and confirmation of fiche is good, and I would appreciate discussing in private - could you PM me please?

 

In the next week or two I will be LBAing DG about this data, and failing that I will make a court application with the intention of forcing the bank to provide this. I will request that a statement of truth be made by the bank, by Debbie D'Aubney, and also the person I spoke to in "archive retrieval" that the information does not exist.

 

I also have notes of various conversations that will put them to strict proof over their responses - let's wait and see what happens on this...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Okay - I have finally taken the gloves off, and sent a very detailed and strongly worded letter to HSBC Records Retrieval, putting it in no uncertain terms that I INSIST on this information...

 

My thanks to all those who have provided "background" support and information in this, thus allowing me to finally be able to move forward. When something happens I will be writing this up so that others may follow.

 

:)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi guys, stumbled across this thread tonight and am totally confused.......

 

What has happened to abcdef?

 

Have they started another thread or settled and gone to Mexico with their money, please advise?

 

Cheers ROS

RiPoFfStOpPeR

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i think it's the title - peeps looking through seem to pick up on it and we generally ask them to start their own thread - as to abcdef - i think they changed their name and carried on (probably own shares in hsbc by now)

it's like - whatever happened to...........

we could come up with loads of possibilities - but i think abcdef is not phoenix!!!!

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Hi folks...abcdef is the renamed account for Spicey...for undisclosed reasons I had to "withdraw" the account - subsequently I needed to come back again, hence the Phoenix name...abcdef, Spicey and Phoenix are all one and the same person...little old me...;)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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