Hee hee ! Ok termi , I'll let you off ...... lol can't have been that long a week .... you spelled it correctly ........ antidisestablishmentarianism

Wakey Wakey , Termi ...... I did that one earlier lol !

Hi Daisy That's just one of their scare templates which they send out like confetti .................. shows they're getting desperate IMHO You could write back in the same vein ........ : " URGENT! IT IS IMPORTANT THAT YOU TAKE HEED OF WHAT I AM TELLING YOU ! This account is in dispute ........ my SAR request has not been fully complied with and the original of attached letter has gone to the Data Controller telling him/her so ......... If it is your intention to initiate legal action I will need copies af all documents you intend to rely on in court and and any action will be vigorously defended . If you would like to assist me please instruct your client to comply fully with my SAR within the time limit before I report the non-compliance to the Information Commissioner . yours etc. " send 'Recorded Delivery ' and sit back and wait ........... and yes , of course send off the letter to HSBC ........

You did well googley 2 ......... You held your ground and didn't sign anything , ....well done ...... Mike's advice is sound ....please keep us informed and ask for help any time you need to ...... btw .... did you record the meeting .......... or are they going to give you a (certified true) copy of the minutes ............. ?

Hi Tills Anything you can do .......... irving Berlin

delicious

Not totally favourable ...... the SC left the door open for claims under other sections of the regs .......pity they hadn't directed that these were operable..... But I think the banks are trying to close loopholes - with a bit of luck they'll shoot themselves in the foot again ....as they did after telling the SC that charges were part of their operating profit ......... having told their customers that that was what it cost them to deal with overdrafts etc .

Hi Tills scrumptious .....

OOps ! looks like I missed that one from July .... but not to worry I think it's still a strong encouragement ............ OK M1 point taken - I'll use Mike's post .....

I agree with elsa Mike ....thanks for the update .....it'll give our Caggers hope that all is still to play for ... I will copy the shortcut to your post #739 - it'll help a lot ..... Thanks again John

I think the mould gave you all the info you need in his #265. Just pad it out a bit ....... it says all you need to let them know what you require ..... bobosing : I think you might get more advice if you open your own thread .......... just post the same as you have above .,, that'll prevent conflicting advice being given on here ...... Thanks \!

Hi Kenny Why not just Google 'Sharp v Bank of Scotland' ...... there's a few sites on there ......... bound to be an answer to your query amongst that lot !

Personally, I wouldn't send a penny until I had their agreement in writing ...... they're just likely to say "Thank you very much , now cough up the rest !!! " But it's entirely up to you Billyray ... and I also think the mould's suggestion is worth considering ... unless you know for certain that the amount is correct AND enforceable.............

Absolutely right carningli ............ It is saying that one of the accounts has to be in credit therefore they cannot initiate or aggravate a debit balance to service another debt ......... As for the other gobbledegook ....... I think what it means is that if they see that a debt on another account has to be met , they can only use the Credit Balance amount to service it ........ i.e ........ if the other account is calling for £100 and there is only £50 credit in the current account .. £50 is all they can take ..... Absolutely right carningli ............ It is saying that one of the accounts has to be in credit therefore they cannot initiate or aggravate a debit balance to service another debt ......... As for the other gobbledegook ....... I think what it means is that if they see that a debt on another account has to be met , they can only use the Credit Balance amount to service it ........ i.e ........ if the other account is calling for £100 and there is only £50 credit in the current account .. £50 is all they can take .....

Very good letter LTP , puts them firmly on the spot I've done a proof-read for you and changed a small bit here and there ........... hope you find this OK I will also keep a copy of this for future use to help others if you're OK with that ? " *Re: - Compliance with the Practice Direction (PD) on Pre-action Conduct* You will be aware that since the introduction of the General Practice Direction (PD) on Pre-action Conduct introduced in April 2009, compliance with the general pre-action protocol is now compulsory, even in cases which will be most likely be allocated to the small claims track. This allows the court to take into account the conduct of parties at all stages of litigation before the start of any court case. In every case where the matter is likely to be ‘In Dispute’ (as in this instance), the court will expect the parties to have exchanged information before starting a court case and to have given the other party a chance to settle the claim. If this is not done the offending party may be asked for an explanation and ordered to pay costs. Furthermore, the court may also suspend a court case until steps which ought to have been taken, are taken. In your letter, dated xx/xx/20xx you threaten that you will take legal action should I fail to comply with your demands. As a direct result of this threat been made by you I made a request to you under the Civil Procedure Rule (CPR 31.1) on xx/xx/20xx regarding this account, requesting that you provide me with the information detailed in that letter. To date, you have failed to comply with my request and therefore you are in breach of the General Practice Direction (PD) on Pre-action Conduct. I now herewith renew my request. Should you fail again to comply with this request, I will have to conclude that you refuse to comply with the General Practice Direction (PD) on Pre-action Conduct and I will bring this lack of compliance to the courts attention, should this matter actually proceed to trial. Furthermore, on the xx/xx/20xx, I informed you that this account is ‘In Dispute’ as a result of [include your reasons], but you have again failed to respond. I re-iterate that fact and am looking forward to your response in the near future. Yours sincerely "

That's an even better better suggestion from Dolly ............. Now , why didn't i think of that ? DOH! Senior Moment ............

Hi billyray , Why not try 70% of the Default figure ? If you don't ask you don't get ....... and you can maybe work up a tiny bit from there .....

Hi Kev , welcome back Sorry for the delay in replying ........ thing is I'm not really sure how to advise you at the moment - i can only tell you what the situation is and let you make up your own mind from there ...... Everything is in a bit of limbo since the OFT supreme court fiasco ......but the SC did appear to leave the door open for claims under another section of the Regs . many people have left their claims in court. The courts appear to be accommodating by agreeing to extend the stays until a claimant comes up with revised POCs .... and there are one or two cases pending hearings which might show the way a bit more clearly ... Thing is, if you haven't submitted your claim to court yet , it may be better to wait until the way forward is more certain...... that's why I say that what you do at the moment has to be your decision ........ HSBC and DG (their in House bully boys ) are chasing everybody at the moment ...... threatening action , but I haven't heard of them actually taking anyone to court yet ....... maybe because if they lose it will start a whole new ball game running .... they appear to working on the percentages i.e. if they threaten and bully enough people (many of whom don't know any better) ) they'll get some money paid .......if you hold out and tell them the matter may still be going to court by your volition , not theirs ,...it may buy you some time .......but the choice is yours ....... You may also want to consider making them a Full & Final Offer of settlement (about 30% seems to be the going rate ) .......again , it's your call ..... A lot to take in Kev , but hope it helps .......

Or there's this one : http://www.checkmyfile.com/articles/283/dealing-with-debt/right-of-set-off-faces-challenge.htm 2nd paragraph : Known as a 'right of set-off', this is a remedy available to banks which enables them to transfer any credit balances held in reduction of a debt in the same name.

there you go carningli - I merely googled 'right of set-off .there's a host of sites on it but I think this one says it ....... http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm "I quote " The basic position is that a firm has a right – but not a duty – to look at a customer’s overall position and to ‘combine’ the accounts held by that customer. This is sometimes called a right of ‘set off’ or a right to ‘combine’ accounts. A firm has this as a general right, whether or not it mentions the right in the account terms. So, in the examples above, the firm can transfer money from an account that is in credit in order to make payments due on another account. But it does not have to do this. An Account that is IN CREDIT ..............

Hi Carningli , This should help you with your complaint about 'Right of Set-off ' : Right of set-off ............... http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm (courtesy of vint54) They are allowed to take regular payments or offset a defaulted loan, from a credit balance only. You need to write to them, insisting that they return your dormant account balance to zero . Remind them that the terms of ‘set off’ only allow them to dip into a CREDIT balance - NOT create an overdraft, even if the overdraft is an agreed one. Hope this helps .........

Hi Floricita , Thanks for the update . I would write back to DG , acknowledge their letter , confirm this account is still in dispute , and that you will now inform FOS of HSBC's statement that this is their 'Final Decision'. Tell them that you will only deal with them in writing, in case of any subsequent court action ...... and that they should suspend attempts at collection until FOS has made their Decision ........... They probably won't , but then that's DG for you ..... you've sussed them out well .....a disreputable shower of incompetents ...... Then forward your complaint to FOS(giving them copies of all letters etc. to strengthen your complaint ) and prepare to wait a while ...... thing is , while it's with FOS it's still in dispute (and it costs HSBC £450, whatever the outcome ! ) http://www.financial-ombudsman.org.uk/ Once you've got a FOS Case No. you can just keep quoting it at whoever is pestering you ...... they can't do anything until FOS make their decision.

Hi Daisy , First of all you need to let them know that they have not fully complied with your SAR . Use one of the letters on this link , list what you believe is nmissing and give them 14 days to comply ...... then report them to the information Commissioner for failing to comply with the Data Protection Act .. http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters- DG are sending these letters out like confetti these days hoping to frighten people into paying money .... write and acknowledge their letter and tell them that your SAR has not been fully complied with and that therefore the account is still in dispute ......that should hold them off for a bit ..... they again are HSBC's In house (il) legal group , bullying and telling porkies to get people to pay money they don't owe ...... they really are a disgrace to their profession ...... Only when your SAR is fully complied with can you start to work out what you already know .....LOL .....but you may also find some other gems worth pursuing amongst the stuff they send you .....

Hi Car !I totally agree the CRA's need to be regulated much better than they are . They take the word of the Creditor without verifying if it is true ..... and they are so intransigent when it turns out to be wrong ...... If you want to start a petition , I'll definitely sign it and I'm sure hundreds if not thousands of others on here will too .....

Please try to persuade your friend , or as Dx says , a minister or someone .......... I don't think it would be wise to go on your own , given your medical condition too Googley2 ... I think you're wise also not to let them hold it at your house , .......as you say , you can't walk out of there and throwing them out might be difficult .... I can only reiterate what i said before ....... and Dx is also on the right lines ............but try not to let it stress you too much .... It's not you who has caused this .... and I'm sure they are not feeling stressed about it ......