CatLover64 v HSBC

[Catlover64]

Hi Pete

 

I've since seen a piece on the front page stating we should amend our claim from penalties to UTCCC. Does this apply to HSBC claims and if so, how should I go about it??

 

Can you advise? Thanks

[Catlover64]

OK - these are the details I intend to use as my POC on MCOL....

 

The Claimant has an account xxxxxxx Sort Code 40-xx-xx with the Defendant, opened 06/10/2000. Since 01/04/2001, the Defendant debited charges and interest in respect of purported breaches of contract.Defendant is aware of all details as a list of charges has already been supplied. Another will be sent. Claimant contends: The charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: 1.Return of the amounts debited of £xxxxx; 2. Interest as per S.69 County Courts Act 1984 of 8% - £xxxxx continuing at 8% until judgment or settlement at a daily rate of £xxxx. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Costs allowed by the Court.

 

Do they look OK? Thanks!

 

This is the copy of the statement I did when submitting the claim via MCOL. Is this OK or should I amend?? Thanks!

[freakyleaky]

Hi CL. How the devil are you:)?

 

No need to ammend your claim as you are not claiming penalties only.

Just got to sit and twidle them thumbs

[Catlover64]

Freaky!! How are you these days???

 

Forgot to add: Part of the reason I've been so quiet is that I got married last year and am settling down to life in Ireland! Makes a change from London, I can tell you...

 

Thanks ever so much for checking this over - I did wonder, then found the original statement which I did for the MCOL.....

 

*goes back to corner twiddling thumbs and counting the interest*

Edited May 16, 2009 by Catlover64

[johnnymitch]

Many Congratulations on your marriage Catlover - and on being able to quit the rat race -

 

I'll bet the pace of life is great now ,eh ?

 

*goes back to corner twiddling thumbs and counting the interest*

Not for too much longer we hope CL

[freakyleaky]

Sorry CL only just seen your edit re marriage.

WOW Ireland must seem like a different planet compared to life in the smoke!!

(What part of ireland?)

Many congrats on your wedding. I hope life is idilic for you as it sounds.

 

A nice big payout from the banks would help though I'm sure.

[Catlover64]

Hey guys!

 

Thank you so much for your good wishes. Well - Ireland is VERY different to home, but am loving the life here even though it's so bloody expensive. ( A nice lump sum would come in handy here...). I live in Cork which is not far from anything - town, countryside, seaside, mountains....So peaceful here! My old boy (cat) has moved as well, and loves it here too!!

[Catlover64]

Morning guys! The cat is back!!

 

After nearly four years got a letter from DLC (Are they HSBC's new pet monkeys I wonder) tracing me to my new address in Ireland. They are chasing the debt, but I have news for them! I'm unemployed, and have been for the past two and a half years. I cannot pay the debt even if I wanted to....

 

What do you think I should do now?

 

Any and all ideas gratefully received!

[freakyleaky]

Good grief!!! I thought we'd never hear from you again.

I hope Ireland is still fulfilling your dreams.

I will have to have a look over your thread to refresh my memory re your claim. I will try and have a look later today.

In the mean time don't panic. Life is to short.

Good to see you back.

[Catlover64]

Freaky!!!!! How the devil are you?? So nice to hear from you again... Are any of the old crowd still here?

 

Pity it couldn't be under better circumstances, but that's HSBC for ya! Yes - Ireland's great even if the job situation isn't. The recession hit literally the week after we got married...

 

Thanks for trawling through for me. Much appreciated.

 

Just as a precis. Basically took HSBC to court in July 07. Case was stayed pending OFT ruling, then of course we lost :'(. So it's been in limbo ever since. Then I got the letter from DLC this morning:mad2:

[Catlover64]

Bit more 'meat' on the bones. I issued the claim 4/6/07. Claim was stayed 17/10/07 (OFT). Got a letter from the cheeky b******s at DLC on Friday like I say. Hadn't heard anything more from the court about the claim, so e-mailed them this morning. Court have confirmed that there is no change to the order made in Oct, so I assume that the case is indeed still stayed.

 

I've read somewhere that my claim can be withdrawn and raised again with the Financial Ombudsman if I can show hardship (Being unemployed I guess this counts!8-)) Is there any truth in that?

 

In the meantime, would I be in my rights to tell these Herberts to sugar off?

 

TIA

[MARTIN3030]

PM acknowledged and have replied-please bear with us.

[MARTIN3030]

Can you please confirm that DLC are collecting on behalf of HSBC or what ?

How is the letter worded in respect of this ?

Yes the CAG is quite familiar with DLC....in fact I have myself had a few dealings with them.

[MARTIN3030]

Since my own run inns with them.they appear to have branched out into tracing-which seems to be the norm for many DCAs these days-just ask Fredrickson

DLC is a trading name of Hillesden Securities-who are also pretty much a household name on CAG.

Although to be fair are not so much mentioned these days as a couple of years ago.

DLC are debt buyers and although I didnt check,are in all likelyhood probably members of the DBSG.

They are certainly members of the CSA.

What we need to establish here first of all is whether the account has been assigned-that is to say sold on.

There are two possible scenarios here and both of them to me are quite disturbing and very worthy of discussion.

First of all,let us assume that HSBC have not assigned the account,but have instead instructed Hillesden by way of mutually contracted agreement to collect arrears.

My question here is why,when the account has not yet been released from litigation and is therefore deadlocked,have HSBC chosen to take such action ?

And likewise have they informed Hillesden that the case which is in consideration of the arrears on the account which they have asked to collect is still in the Court system ?

 

Lets then assume that HSBC have assigned the account.

It is reasonable to assume that HSBC would have informed Hillesden that the account was still the subject of legal action and that neither they has sought a strike out-or you discontinuence.

 

In any event there should be no collection activity in the absence of the case being released from the Courts.

 

What I propose you do before anything is as follows;

 

1.Check your credit files with Experian and Equifax to see exactly what is recorded there.

 

2.Send a letter by recorded delivery to DLC addressed to their HO not using any Po Boxes,with a postal order for £1 requesting a copy of any default notice,copy of notice of assignment,the date they were passed the account,clarification as to whether they were aware that the account was still in the Court system,and finally a copy of their complaints procedure.

Also that if they were NOT aware of the stay in force,what action or measures they propose to take now that you HAVE made them aware.

 

Give them 14 days to respond.

 

I think we need to decide on the HSBC contact once Hillesden reply is in the bag,since their reply may answer all you need to know,if not then a SAR may be needed for HSBC.

 

As things stand from where I am reading,in any event HSBC are a party to very questionable actions.

[MARTIN3030]

Ok here is the address to write to-irrespective of those on the letters they have sent to you.

 

Hillesden Securities

Registered Office

Willow Road,

BRACKLEY

Northamptonshire

NN13 7EX

[Catlover64]

Many thanks for replying! I'll scan a copy of the letter sent and send via PM if that's OK....

[MARTIN3030]

Hi I have unapproved the attatchment because its too small,but moreso that it shows the barcode which can identify your account.

 

Any chance you can send me the actual pdf-I have sent you a message.

[Catlover64]

Thanks for the response. Didn't realise about the barcode though! I'll send the doc via e-mail, and also the e-mail I wrote to the court...

[MARTIN3030]

ok

[Catlover64]

Morning all!!

 

I've put together a suitable snotogram for DLC and will send to HO addy as suggested by Martin. Do I mention the fact I am unemployed as yet? I am also assuming I DO NOT sign the letter. Can anyone clarify for me?

 

TIA

[MARTIN3030]

Yes you can mention that you are unemployed.

No need to sign-you can print your name.

[Catlover64]

OK. Have now discovered I cannot get a sterling draft. Well - I can, but not for a quid! Should I just tape a £1 coin to the letter instead? LOL!!

 

Martin/mods - would you like a copy of the missive I've composed? Please let me know - thanks!!

[MARTIN3030]

Yes I had seen you cant get a PO.

Check your email.No dont send a quid-I will send you a £1 PO and you can then send from there.

[Catlover64]

Hi

 

I've sent you a PM. Am encountering problems with the Signguard service. Have scanned several times and my signature isn't showing!!

[MARTIN3030]

ok will take a look.