Adridude vs HSBS (With complications!)

[adridude]

Hello guys,

 

I've only just found out about this site (thanks to a friend of mine) and realised that I can now resolve alot of my problems.

 

My main one being HSBC. When I opened up an account with them, I asked them specifically for an account that does NOT allow me to go into the minus at all! They gave me a current account, normal debit card and that was that.

 

All went well until I drew some money out of the bank, and shot a few £ into the minus; For this, I was charged.

 

From that time, and for the next year, I had nothing but fines etc.. elft, right and center due to unpaid DD's and SO's and some bounced cheque, and my account ended up near to £800 in tehr ed thanks to charges.

 

Here's the catch.. After battling with annoying callcenters where people didnt udnerstand what I was saying, and gettign absolutely nowhere, I totally refused to talk to HSBC any more and changed address in the process.

 

Now, a year later, I am trying to resolve all of these issues and I am worried about getting in contact with HSBC. I am covered by a debt management agency, who I'm paying to help me pay off debts, but I'm desperately trying to reduce waht I owe.

 

Could someone tell me how I should get hold of HSBC to get:

1) My account details again, baring in mind that I've moved several times and I'm not sure which address I left my account at.

2) Does anyone know how they will approach me if they hear from me after a year?

3) About the charges that killed my account, where do I start?

 

If anyone can help me with some information, or point me in the right direction, I would really appreciate it.

 

Regards

 

Adridude

 

 

****************

UPDATE TO ABOVE

****************

 

1) They happily gave me my account details (i.e. account number etc...)

2) They were surprised that I was asking about this account as it was closed on 11 Jan 06 with a minus value of 740.39. Where did these debts go (all of which are from charges)

3) Where do I start now? Or should I start? The lady at the branch told me I should contact customer services in writing, and they will assist me further. Hmm, I'm wondering if this will stirr up a bees nest which is possibly dead. What are your thoughts?

Edited December 18, 2012 by ims21

[HSBCrusher]

2) They were surprised that I was asking about this account as it was closed on 11 Jan 06 with a minus value of 740.39. Where did these debts go (all of which are from charges)

 

Hmm, I'm wondering if this will stirr up a bees nest which is possibly dead. What are your thoughts?

 

mmmm, I don't think the debts would have "gone" anywhere, and I would expect them to come after you for the money.

If the debts are down to unfair charges, then what you claim should repay the od anyway, my advice would be to play safe, and to sort this out properly

 

Crusher

[adridude]

I just did that and spent hours on the telephone chasing all of this up

 

Anyway, i've found that it's been sitting at Buchannon, Clarke and Wells (a nasty nasty debt collection firm)

 

What should I do here? If I contact B, C & W, then I'll get them around my neck. Should I send the SAR to HSBC first without any further communication?

 

Cheers

 

Adrian

[HSBCrusher]

By what you are saying the fees should cover the overdraft you owe, I think the sooner you sort this out the better.

The best people to talk to about debts are the CCCS or the Citizens Advice (there is very likely a branch near you there is one in most towns) I would have a chat with them, you will get the very best advice, and the advice is FREE!!!

I would suggest before you do anything else, have a chat with them asap.

 

Keep us posted!

 

Crusher

[adridude]

***UPDATE***

 

I sent the Data Prot Act S.10 letter to HSBC and they havent complied to this. it is now 7 days later.

 

The SAR and the £10 was also sent, 7 days later, nothing back from them.

 

My details were passed on by B C & W to County Courts!

 

now what?

[adridude]

Update:

 

Received letter saying that they do not wish to comply with my request under the DPA to stop processing my data in light of Distress etc... They say that they believe the charges to be true and accurate.

 

The DCA are now pressing me saying i refuse to talk to them despite contact. I told them that I am in perfect corrispondence with their client, and that I am under no obligation to enlighten them as to what the dispute is.

 

All they are interested in the the $700 odd which HSBC sent to them.

 

Any ideas?

[adridude]

Uh oh!

 

HELP! Nasty letter from the DCA..

 

Reads as follows:

 

Dear SIr/Madam,

 

You have chosen to ignore our previous attempts to settle this seriously overdue accout.

 

Your name, address and account details will be passed to our field agents so that they can attend your premises to collect the amount due. Their final report may include recommendations to initiate legal immediate action. If this is n ecessary, you will also be responsible for court costs, legal fees and statitury interest, which will significantly increase the amount sue.

 

Take further notiuce that in the event of Jodgement being entered against you your credit worthiness may become adversely affected and our client may issue enforecement proceedings.

 

Please do not underestimate the serious nature of this matter. To avoid this action being necessary, you must contact this office immediately.

 

We await your response.

 

Yours faithfully...

 

bla.

 

 

*********************************

 

Now, erm what do i do here.

 

I know NOW to let them in what so ever, but the problem is I am in a flatbuilding, and they could press any other flat owners number tog et the gate open. I usually leave my front door open as it is safe to do so thanks to the gate. - any recommendations.

 

Also what can i do about this, I've just received ALL statements from HSBS, and am going to go through them tonight. I have told teh DCA that I am disputing costs, but they dont care as HSBC hasn't told them (nor has HSBC told me in writing that my account is at DCA!, only the refusal of me asking them to stop data processing, and they notified me on the phone that my account was at the DCA.

 

Should I just tell them to go ahead with sending my details to the county courts and countersue? I'd prefer this than a big verbal arguement with some huge DCA monkey (no offence zooman's avatar) at my door.

 

Thanks!

 

Adrian

[adridude]

Doh!

 

Anyway, out of panic, I called them up to get the field reps to stay at bay. What I asked them to do is to ask their client, HSBC, to contact me in writing and notify me that the account is at a DCA. This looks like it saved a few days!

 

I also told them 'in short, I can't go into detail, but I am disputing various costs which have been put on my account. I personally feel that these costs are unfair'.

 

They were happy with this, but tried to ram the 'but they are fair, down my throat. I told her, I still dont think so, nor do I want to go into any detail. I wish for all dialogue to be continued in writing, dated and signed. She will only call me to confirm now that letter have been sent, and I only need to tell her that I have received them (and will do so in writing too).

 

Is this ok? or did I just dig a sad n nasty grave?

[mutzi]

Don't worry, it's good to insist everything is in writing. I imagine the DCA are just getting worried they will lose out on their cut, they have no real power to do anything to you.

 

Worst case is that they issue proceedings for the debt before you do for the charges. Then you would use the unfair charges argument as your basis for a counterclaim and you still win

 

Just add up your charges and send the first letter.

[Lula]

Aridude, there is another thread called Debt Collection agencies, you should read it : http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/

[markd]

In refusing to deal with the DCA you did the RIGHT thing. They are nothing but bottom dwelling **** suckers, living off those in life who have difficulties . Deal ONLY with the original creditor HSBC. Do not let the DCA into your house, do not speak with the rep if he turns up (which is actually unlikely) and have no further dealings with them. In fact it's best not to even acknowledge the debt (unfortunately you have!) If you visit Debt Help UK : Free debt advice and solutions, with debt consolidation | UK debt consolidation service with free help and advice they have some excellent info on dealing with DCA's. There is a template letter you can use asking the DCA for proof that that the credit agreement is between them and yourself (Which obviously it isn't!) Because they have merely bought, or been assigned the debt to collect, they cannot do this. The best thing to do is deal only with HSBC, especially seeing as the account is in dispute. Do nothing with the DCA and have nothing to do with them!

[adridude]

so like these 'field reps' or as I called em 'field monkeys' that my details are being passed to (and I have confirmed this, but want to again just in case!) can not enter my house without my concent, and can not take anything without a court judgement and a baliff present?

if this is so, they can get lost.

 

very lost

 

but thanks so much for the links, im going link surfing >

[adridude]

also, I didnt asknowledge any debt. I told them that I'm not happy dealing with them, they told me the debt amount and i fobbed it off. I jsut told them, the only reason I got back in contact with HSBC after a year of no contact, was to recover MY debts, the yucky charges.

[markd]

You're right, they have absolutely no legal right to enter your house. If he turns up, keep your door on the chain, tell him that you don't want to discuss anything and any correspondance must be in writing. They have no right to harrass you or anyone else and should be treated with the contempt they deserve.

If you check the link they will even tell you what sections of law to quote at him!! Watch him turn and run!!

[adridude]

only thing im worried about is the gate. I've seen various other people get in here by ringing various doorbells till someone buzzes them in. Both the car portal and walk in portal are electric and key coded. Each tenant has one.

 

I could be sitting in my lounge with my door open and he could just waltz in; can they do this? if they do, what do i do? call the cops? coz automatic reaction for me if a stranger walked into my house would not be pleasant!

 

and i dont mean this to sound tough, but its coming from bad bad experience where I ended up short and with an empty house.

[markd]

If he were to just walk into my house then I would probably react the same way as it sounds you would!! They have no rights of entry. If they made their way into your house then it should be a call to the police first and then a complaint to the FSA afterwards!! Theses agencies are run on a licence, too many complaints and they are likely to have their licence taken away!

Perhaps a notice stuck up in your walk in portal where all tenants could see would be useful, warning them that strangers have been hanging round trying to get in? Something fairly non commital, but making the other tenants think? This would stop them letting anyone who buzzes in! Sneaky I know!!

If they do get in through your portal (And most of the time I don't think they try too hard to see the client!) Keep the door chain on and refuse to speak to him!

[adridude]

ah ha, I see no mention of Debt Collection Agencies on the link you sent me >

 

Super, thats all I needed to know, they were bullying me with this on the phone, hence me calling back in a panic. They can go to hell now as far as I'm concerned, and I would really like to see them walk in unannounced and not look like any of my friends, friendly neighbours of family >

[adridude]

ok not to be the dumbest person around, but I dug up the following:

 

The Administration of Justice Act 1970.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

(a)harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;©falsely represent themselves to be authorised in some official capacity to claim or enforce payment;(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

Paragraph (a) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of :

(1)of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or(2)of the enforcement of any liability by legal process.

It is also provided that a person may be guilty of an offence under paragraph (a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

 

 

Now that's all really cool until I read the part in red and get confused. Sorry, Dutch being my first language confuses issues especially with alot of legaj jargain.

I think, not quite sure abgout the red gray area, that if i do get DCA problems, i.e. constant phoning and letters and then people banging on my door at the frequency they do it, several times a day! I can tell em that??

[markd]

Basically what it means is that they can knock at your door and ask nicely but thats it! Anything that YOU deem to be harrassment, coercement or threatening behaviour would mean that they are breaking the law and would be liable for reporting to the appropriate people (Police and FSA)!

Quite simply they can knock and ask to speak to you, but if you say no you only want to deal with HSBC by letter, then he can do no more and has to leave.

[markd]

When you find out what the law actually is, and how little the DCA's can do, it gives you a great feeling!!

[markd]

Adridude, register for the forum on the debthelp website. There are lots of similar cases on there and you will get some more useful info!

[adridude]

sooo many acts, so little time lol

[adridude]

and, I definately WILl register! Thanks soo much

 

 

Adridude AWAY!!! *zoof*

[adridude]

Mark,

 

Can I just point you here: http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/24016-harassment-phonecalls-can-stop.html

 

I did a little research into the acts and that, and there could be some handy information here to spread around to alleviate the agro.

 

Regards

 

Adrian

[markd]

Ahh ... thats excellent Adridude. Well worth letting others know about.