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    • Unsettling the applecart?,  I'm going to be direct here, I know how this works , I've been in far worse situation than your relative, and I can assure you , now that there i likely a default in her name, it makes absolutely ZERO difference if she pays or not. Denzel Washington in the Equalizer , 'My only regret is that I can't kill you twice'... It's the same with a default, they can only do it once and it stays on your credit file for 6 years if she pays or not, and as it stands right now she's flushing £180 of her hard earned money down the toilet  so that the chaps at Lowell can afford a Christmas party. As for the SAR this is everybody's legal right, originally under the Data Protection act 1998 and now under GDPR, it's her right to find out everything that the original Creditor has on her file, and by not doing it the only person she is doing a massive disservice to is her self. As the father of 2 young adults myself, they need to learn at some point.. right?
    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
    • That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.
    • it was ordered in the retailers store  but your theory isnt relevant anyway, even if it fitted the case... the furniture is unfit for purpose within 30 days so consumer rights act overwrites any need to use 14 days contract law you refer too. dx  
    • Summary of the day from the Times. I wasn't watching for a couple of interesting bits like catching herself out with her own email. Post Office inquiry: Paula Vennells caught out by her own email — watch live ARCHIVE.PH archived 23 May 2024 11:57:02 UTC  
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Georgesdragon Vs Hsbc


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well i thought that too but as they're seperate accounts & you're only claiming on one it shouldnt affect the other .

 

seen advice on here before where people have had loans, mortgages, etc with the same bank & have been told it shouldnt make a difference.

 

would like someone else to confirm this.

 

other option is to open another account completely away from the HSBC empire.

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I have looked into opening another separate account else where, but as im serving overseas im at a loss as to who to go with... they all want a list of 5 years of uk addresses and my last 3 postings have had a BFPO address so dont think anyone will go for that....so i will stick with first direct and hopefully it will be ok.....

thanks for you advice pinkdutchess, i have printed off letter number 2 threatening the legal action etc so will be posting that first thing tomorrow....

;)

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im sure you'll be fine.

 

be ready for the next stage - in 14 days you file your claim. check out the MCOL website if youre going to do it online. you can register now - see what needs doing and pop in and out until youre ready to submit the claim. i'll find you the link in a mo.

 

****Guide to Filing at MCOL****

Getting MCOL Right

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  • 2 weeks later...

Morning everyone,

update on whats happening with my claim.

we have sent the 2nd letters and they were signed for on the 18th May at HSBC.

so now do we sit and wait? we can't file with the court because we are posted overseas in Cyprus and havent got a UK address.

Do I make any sort of contact in the next 8 weeks or just sit tight and wait and see what happens... I have been following other folks stories on the MSE site and those that chose not to go down the court route are getting offers in the 8 week time scale which we would be happy with.

I have also transfered my wages so they are now due to be paid into my other account and Ive cancelled all the direct debits out of HSBC.

;)

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Also forgot to ask, I have just checked my online statement with HSBC and they have charged me £25 for the cancelled Direct Debit and another £75 for account fees plus £38 interest. These are not included in my bank charges claim, do i have to do another claim? Any advice

Thanks in Advance

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i see your problem - how long before you return to the uk?

do you not have someone here who's addy you could use - it is just a matter of shuffling some papers back and forth to you. we've told peeps before that it is ok to file if you have someone whose addy you can use.

if you want to wait out the 8 weeks that they say they will take to look into your claim - that's ok too - and as you say - sometimes they get an offer about that time.

as for the new charges - as you haven't filed with the court - you can quite rightly just keep adding them on to your claim - you might send whomever sent you the "we are looking into it" letter an updated schedule of charges whenever you add new ones on.

here's one little warning - don't just add the interest from your statements onto the charges list - that would be incorrect as the interest debits go on to the list either partially, all, or not at all - this can only be determined by putting the whole list of charges onto the advanced spreadsheet - by putting the balance at the time of the interest debit into the advanced s/s, it will determine what portion, if any, of the overdraft interest you can add to the list of charges - but don't just plop them on there in total - that would mess up your claim. so, you might try the advanced spreadsheet to see how much it would add to your claim or you can just leave the interest debits from your statements off your claim alltogether. the bank won't give you the 8% interest (which you would be asking for once you file in the court) so, you are just as well off sending them an updated list of charges - noting the date (oldest first), what they call the charge, and the amount with a total at the bottom. don't be afraid to add on all new ones that come through and keep sending them to the same person - saying "please find my newly updated and current list of charges which I am asking to be refunded to me" using the reference number they will have no doubt sent to keep updating your stuff - and in any letters - refer to your first letter of xx/xx/xx ref: xxxxxxxxx so it doesn't go to the bottom of some pile but keeps where it was.

 

ok with that?

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ok, well in that case looks like you are sort of stuck waiting for them to reply and in that case you may want to be a bit more proactive - we had a very determined lady on here in february - determined to get her money without filing a claim - here's her story:

BatterseaCassie v HSBC (multipage.gif1 2 3)

and how she did it. letters and all.

good luck

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me again,

just another quick point, when sending the revised list of charges I havent got a reference number as the first letter for the joint account was never acknowledged, only received a "colin" letter for my wife's account even though they were both sent together... shall i hang on to see if the latest letter is responded too?

thanks again

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yes i have had a read of the link.. think thats the best and only option for us really.

Does the "8 week" time scale start from the original letter or the last letter we have just sent?

and should i make any other contact via email say once a week just to let them know we are still about ... don't really want to call them cos it will cost a fortune calling from Cyprus...its a pity i cant Skype them:D

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i think it's what you feel best - as you are sort of doing your own thing - you do what feels right for you. it's not the normal way of going on - but yours is special circumstances - so going your own way seems best. just use hers as a sort of template - without the phone calls - use e-mail when she used telephone. let us know how you get on.

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I always thought UK millitary bases overseas were deemed to be british territory i.e. part of the UK and governed by UK law therefore as far as the british legal system is concerned you still in the UK.

 

Might be worth having a word with your CO to see if he can confirm or otherwise what the legal position is out there. I'm sure your not the only person in the forces who has had cause to use the County Court system.

 

I wonder if Rob the Viking knows? I think he is/was in the Navy or Air Force.

 

pete

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Hi Pete,

we are classed as part of the uk but because our postal address is BFPO it isnt recognised as a UK address...as for speaking to the CO ... afraid cant do that .. we have chain of command and im way down on the list... we will go down the same route as cassie has gone and prepared for the wait... we have dug our trench and got our rations and brew kit,so we will be fine:)

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me again,

sorry but it's abit of a "rant" posting today...

pay went into new account aok, checked on HSBC and the standing order for the loan (which we cancelled online on 15.5.07) had been paid!! pushing us over the overdraft even more! I called HSBC and they said you can't cancel a loan standing order, i said then why did it allow me to do so online and gave me confirmation this had been done... so now i will be charged yet again!! and I asked if it will be recalled like the Bank of Scotland loan was last month and they said no!! so why cancel that one and charge me £25 and let their own go through....the young chap on the phone despite me telling him at least 3 times Im british forces overseas in Cyprus, kept saying i can only cancel the s/o if i go into the my branch! .... so at the minute im banging my head against the wall waiting for them to call me back with regards to what can be done....sorry for the rant....

oh for an easy life;)

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heidi daniels -

the name of the customer service lady you will e-mail and tell her that little tale - and throw in the flag waving an all and i really, truly believe that one you can get reversed. - and tell her your nearest branch isn't very close. really, that's just plain stupid. try this address - [email protected]

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  • 4 weeks later...

UPDATE

 

Had a very nice letter from HSBC today, asking what I'm going to do about my overdraft and would i call them asap..

so have just got off the phone and I said that I'm waiting for a reply to my letters requesting my bank charges back and was told an offer letter has been sent out on the 23rd June!! so if that's correct its exactly 8 weeks since i started the claim!!

Trying not to get too worked up as knowing my luck it will be an offer of £10! lol

 

will post again once the letter arrives hopefully in the success story section :D....

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Lat you were right. Just seen Georges post on sucsessful claims!

Seems a shame you can't do the court process as you would get it all with interest!

 

But if thats the case then congratulations!

At least the o/d has gone!

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