Rockinrodders V HSBC (Charges and default removal requested)

[rockinrodders]

Hi, I finally received the statements last week after 50 days. They sent them to my old address which luckily was my mums house.

 

Today they sent a letter to my Mums saying that as my address had changed and they couldn't verify my signature that I would have to go into a branch with some ID.

 

Seems a bit weird as the letter came after the statements that they weren't going to send out??

 

The account closed in 2003 with a £1800 overdraft (£700 limit) and £1800 managed loan. The charges for 2001-2003 (when it closed) came to £1208.75 and £144.81 overdraft interest on charges. I had to shut the account because I was that far over my overdraft limit that even when I got paid it only just bought me back below it. My entire overlimit overdraft amount was more than made up from charges. So I switched my salary to another bank account and asked HSBC to arrange a payment plan to pay the loan and start paying off the overdraft.

 

HSBC closed the account straight away as they said the loan payments had to be taken from this account and could not be paid externally. They sent it out to their own debt collectors who then passed it on to Heatons. They said that I owed them £4997

 

When I sent my DPA request I requested specifically details of manual interventions etc and also the signed original copies of the credit agreemeents etc as I have always disputed the amount that they said I owed them.

 

They sent my statements but not the credit agreements etc or even a statement of account. Equifax shows a balance owing to them for over £2000 but by my calculations I have repaid more than the original amount. Equifax also shows a default notice, which was a suprise as I never received a notice or even a letter suggesting that they were sending one.

 

HSBC has not provided this information and Heatons has not even replied to my SAR or CCA request.

 

I sent my prelim letter last friday for the charges and also included a paragraph saying that I was disputing the balance of the account and challenging them to prove otherwise. I also told them that I would still require the rest of the details within 7 days or I would add that to my court case when the time came (failure to supply the dpa and cca information).

 

Does anyone know what other information I am entitled to under the DPA/CCA? I read that it was the original signed default notice and original signed credit agreement?

 

Would I have signed a credit agrement for the overdraft or just for the loan. To be honest I don't remember signing anything

[rockinrodders]

Hi, can anyone help with this?

 

Im sure I read somewhere on here that the banks are required to send original copies of the credit agreements if I specifically request them as part of my SAR request.

 

At the moment neither the bank or the collection agency is willing to provide documents other than the bank statements themselves but these do not reflect the amount that they claim I owe. Also there is no details of the payments I have made to pay off the balance and indeed the outstanding figure they claim is owed.

 

Do I need to send a CCA request as well as the original SAR?

[rockinrodders]

Hi, Can anybody help with this?

 

I specified in my SAR request to HSBC that I wanted it to include everything, including credit agreement and a statement showing the balance on the account etc.

 

All they have sent is the bank statements?

 

Shoouldnt the Credit agreement etc be included in the SAR ior do I need to send a CCA request as well?

[rockinrodders]

Anyone??

[rockinrodders]

pretty please with cherries on top!

[jowalshy]

Sorry rockin, I'm not sure what a CCA is, but surely if you requested in your SAR (of which I did for MBNA) that you want credit agreement etc (I sort of got one from MBAN) then they must provide it. Try sending a LBA for non-disclosure of DPA letter to them, stating to them what you want, what they have given you. Enclose a copy of your original SAR letter and give them 14 days to comply or you will be lodging a complaint with the Information Commissioners and file a claim through the courts.

[rockinrodders]

Today I received a second copy of my bank statements from HSBC, again they were sent to the wrong address (my mums) and again they only sent statements and NOT any of the other information I requested specifically in the letter (i.e. copy of CCA, default notice etc and details of the outstanding balance and clarification of who was officially chasing this alleged debt).

 

When I got the first set of statements I sent them the standard prelim letter to request the reclaim of all the charges, and also added a paragraph in bold requesting the missing data.

 

The 14 days is up on the prelim so shall I now send the LBA and include the missing data in my request or shall I handle that side of things seperately and write seperate letters to chase?

 

I have already paid well over the original amount but neither HSBC or Heatons will send me a statement of account or balance to substantiate the amount they claim to be outstanding.

[rockinrodders]

And today received the THIRD set of statements, this time sent to the correct address and sent via Heatons.

 

Still no sign of a credit agreement or copy of the default notice

 

Interesting how the statements showing the loan balance go right back to 1999 but the statements for the current account only goes back to May 2001 - "Because we only keep statements for 6 years"

 

Obviously all the penalty charges were charged to the current account for both loan charges and account charges.......how convenient

[rockinrodders]

Im going to start the court claim tomrrow. Has anybody got a POC that includes the Default removal that I could look at?

 

Assumdely this would be too long to fit on the MCOL particulars so it'd have to go down the N1 paper route?

[rockinrodders]

N! posted to the local court today. I wanted to do it on MCOL for convenience but the POC were too long because of the default removal.

 

I added on the N1 that they had failed to comply with the CCA request and not supplied either a credit agreement or a a copy of the default notice. So that was the second argument for the default removal, plus of course the standard argument that it was misrepresentational of the default amount becuase of the charges and a third argument that permission had ceased for them to continue processing (especially in the absence of aforementioned agreement).

 

I had to post the N1 to the court, so will take a few extra days. Bet they wait for the cheque to clear as well!

[rockinrodders]

I called the court and they told me the case was issued yesterday (26th)

 

So just sit back and play the waiting game now.

[rockinrodders]

I just got the third 'we are looking into your complaint, here is our leaflet' letter from HSBC. I got one after my letter complaining at SAR being late, another one after Prelim and a third after LBA. Each one has assigned it a different reference number.

 

My court claim has already been issued (deemed issued on Friday 29th). Shall I bother phoning HSBC and tell them to combine the 3 references or just ignore it and wait for the court proceedings to happen?

[pinkduchess]

i wouldnt bother - youre dealing with dg now & your claim number is your reference. they did the same to me with different references.

[rockinrodders]

Got an offer from HSBC today for £900 which is less than half of my claim.

 

They obviously don't know that its in the court process and being dealt with by DG who have already acknowledged the claim and have until next friday to enter a defence.

 

Shall I bother declining their offer or just ignore their letter like they ignore mine!

[jowalshy]

I would send them a rejection letter. Here is a copy of mine:-

 

Response to settlement offer

Thank you for your letter dated xx.xx 2007 offering £xxxxxx.xx in full and final settlement of my request of the bank charges you levied from our account during the last six years. We are prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder of £xxxx.xx is to be paid within the next 10 days. This amount is made up of £xxxx.xx being charges levied from our account as detailed in my letter before action datedxx.xx 2007, £xxx.xx being the interest claimed under section 69 of the County Court Act 1984 at 8%, and £xxx.xx being the amount paid by ourselves for the claim made against you via Money Claim Online on xx.xx.2007. We have enclosed a copy of our letter before action together with a schedule of the charges and interest claimed.

Please note we are claiming £0.xx per day in interest at 8% until this matter is settled.

Bu the way, they will probably ignore it. They did mine.

[rockinrodders]

Just got a letter from heatons who I have been paying off this debt with for years. They said they were no longer dealing with the account as HSBC had asked for it back.

 

I called HSBC, who put me on to MCS their internal debt collectors. They told me that the account had been pulled back from Heatons so that it could be sold on in 8-10 weeks.

 

I asked who I should be paying and they said not to bother paying anybody until the new owner got in touch. I am concerned about this as I dont want any more bad credit, I am 1 year from getting rid of the last default and don't want another one from the new collector who buys the debt.

 

I want to keep paying somebody because I just want it cleared ASAP. Even though my outstanding court case would clear the balance I am prepared for the worst and a long wait.

 

I just returned the AQ and spoke to court manager and asked if the case was likely to be stayed (before I paid the £100 AQ fee) but he said that as far as he was concerned it was business as usual.

 

Still not contact whatsoever from DG solicitors...

[Audreygreeneyes]

Firstly I would write to heatons asking for written confirmaiton of what they have told you....... 2nd I would also write to MCS asking exactly the same.............

 

have somethign in writing so they cannot claim at a later date , ect ect

 

 

dont worry about the no contact form DG in 7-8 months I have had 1 letter and that was to tell me they were applying for a stay. they did nto submit to the court or me what they were ordered to. this is normal for them.......

 

also think that the large amount of "hearing stay " request they are being hit with just now might have them a tad busy............lol

[rockinrodders]

Got a letter from the court reminding saying HSBC were being given an extra 2 weeks to file their AQ, despite it being due by 6th August originally. They were already given a month extra till 6th September.

 

Looks like the judge hasn't got the balls to make a decision despite HSBC ripping the urine out of him, me and the whole court process.

[Castlebest]

I think you should write a letter to the court asking that the defence is struck out and judgement awarded to you as DG have ignored the courts directions and failed to submit an AQ on time when you, a mere non legal person have managed to meet the courts directions.

 

pete

[rockinrodders]

I finally got a Judgement by default today throught the post today as the defendant didn't return their paperwork despite being given an extra 2 months to return!

 

I am going to issue the warrent of execution straight away as DG will obviously try and get it overturned. So I'll get in there fast. Which address do I send them? 1 Canada Square, London?

 

Its not as if I wanted the cash anyway, I only wanted them to settle my account with them, which is approximately the same amount as I am claiming and was previously collected for 2 years by Heatons but then 'mysteriously' was recalled to HSBC when I began the court action. Nobody at HSBC knows what is happening with the account now, they said it was going to be sold on but I have called a couple fo times to ask how to make monthly payments and they've said don't bother until the new owner writes to me.

[Castlebest]

Hiya Rudders, I would be inclined to use your branch address on a warrant as this is where the bailiff will be collecting from and good luck.

 

pete