Me V HSBC

[Hasselhoof]

It's the credit reference that bothers me most, as a trip to court would be an absolute pleasure!!

 

I know they can't make reference in principle, but they probably do, can i request from the bank the details of all references they have made to credit reference agencies?

 

Cheers

[Castlebest]

There is a template letter you can send demanding they refrain from processing data concerning your account until they have resolved your dispute, I think its a DPA section 10 letter. This would include reporting data to third parties (the credit reference agencies).

 

pete

[johnnymitch]

Have a read of section 10 and see if you think it applies Hasselhoof :

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/how_can_i_stop_them_processing_my_personal_information.pdf

[fatboydukey]

Hiya

 

I noticed that someone had posted about a possible solution to your phonecalls on another thread. They suggested (and if you use online banking) to delete your phone numbers from their records. Whether this works I do not know personally, but it might be worth a try.

 

 

As Jowalshy quoted above - I had registered for internet banking so I went online and deleted my numbers!! I havent had a phonecall since (I was getting about 4 a day and it was driving me mad)!!

I deleted my numbers about a month ago and today was the first time I have heard from them since and it was by LETTER!! Just spotted the exact reply I needed to that letter in one of your posts above!

So I hope this has been helpful to you and thank you for the letter above lol!

 

Cheers

FBD

[johnnymitch]

Well done FBD , - thanks for the feedback - I'm sure jo will be pleased to have helped................and you've given a reply from experience which is always the best source.

[fatboydukey]

Hi Johnnymitch

 

No worries always pleased when I am able to help as so many people on here have helped me!! Thanks for the rep!!

 

FBD xx (lol)

[Hasselhoof]

Latest developments

 

Hi all, again

 

I resolved the phone calls issue by threatening to go to the FSO with a formal complaint, the no longer phone me about my debt

 

I am now trying to stop the automatic letters telling me my account is overdrawn and to repay or contact them within 28 days with a solution. I have been ignoring these for about a year or so, but decided in January that I'd had enough, so phoned them and informed them that this continued demands for repayment of an account that was in dispute and in court was illegal and amounted to harrasment and that if it didn't stop I'd make a formal complaint to the FSO about harassment from HSBC (essentially the same as I threatend about the phone calls). I received a reply appologising about the letters, but they were not ment as harassment and were automatic and that if they didn't hear back from me within 8 weeks they would consider the matter closed. That was dated 07/01/09.

 

Today i received a letter that was a Final Demand. If I did not repay the bedt within 7 days or offer a satisfactory instalment plan they would take action that would include debt collectors, solicitors and court action, as well as making refrences on my credit reference. This letter came from Helen Packwood.

 

Just looking for a bit of advice, I'm not worried about the debt collectors or solicitors or court action, will look forward to a day in court actually, would be rather fun it's the credit reference and advice about making a formal complaint to the FSO really.

 

Thanks in advance

 

Rich

[johnnymitch]

Hi Rich , welcome back

 

They're doing this to lots of people at the moment - probably on the grounds that many will pay up rather than risk court or a bad credit rating .

 

However , as you know , it would be ideal if they took you to court , because your claim is there waiting for them .....

 

As for the Credit Rating threat , they know they are not allowed to do this with an account that is in dispute but they are blatantly ignoring that in some cases and giving twisred logic reasons for doing so.

 

Have a look at Dougy 79's thread, you may get some ideas for an answer for them :

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/167952-hsbc-problem-2.html#post1936506

 

As regards the Credit Raing I think Bankfodder's letter should provide ammunition for a reply in that direction and I would also send a copy of their letter to FOS to show the blatant disregard they are showing .....

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149449-put-your-credit-reference.html#post1581179

FOS is a bit inundated with complaints at the moment ,but at least your complaint will be on record ......

 

You could also consider a report to the FSA about a breach of their 'Treating Customers Fairly' policy :

 

Treating customers fairly

 

I think there's probably enough ammunition in there for you to hit 'em hard - but come back if you've any further queries....

[johnnymitch]

oops! just one point I should make ,rich - Bankfodders letter was to the credit ref agency after the event , so may not be relevant at the moment

[fatboydukey]

Hi Hasselhoof

 

Seems they must have a batch of these letters as I received one today from the same woman - also included a statement of earnings for me to fill out. Yeah right course Im gonna fill that out, NOT! I bloomin wish they would take us to court at least we could get things sorted out then!

 

Thanks as always to Jonnymitch for the info he always readily supplies lol!

 

Am off the have a look at Dougy 79's thread!

 

Will keep u posted on how I do aswell!

 

FBD x

[johnnymitch]

Well hello FBD ,good to see you posting again - and thanks for the compliment Ma'am ..... .

 

The banks are getting desperate and they are disregarding the rules and the banking code in their unseemly scrabble to get money from people to which they're not entitled . They work on the principle that not everybody knows about CAG and will be frightened into paying up .

 

Trouble is , it'll work to a certain extent , and FOS and FSA will do nowt about it !

[Castlebest]

They cant do anything to you if your claim is with the County Court, the only way they can recover what they see as a debt is through the very same county court and your claim is blocking that.

They can and will report you as defaulting to the credit reference agencies, have a look at my thread, my letter to them is in post 5

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/164871-castlebests-default-removal.html

 

I believe Bank Fodder has also written a new template along similar lines although I've not found it yet, I've been told parts of it resemble my letter too (yes he did ask me )

 

pete

[ready]

I had a feeling your creditors were keeping to regulations up to 5 calls per account per day? Any1 know the banking ombudsmen regulations?

[ready]

They are correct in the advise of payments every 30 days on a debit balance, read the terms and conditions, keep in mind this is to avoid next action, banks have a legal responsibility to make it known when an account holder is in breach of T&C and equally when T&C are met. Any credits made will not reduce the amount of any agreed refund.

[zooman]

I had a feeling your creditors were keeping to regulations up to 5 calls per account per day? Any1 know the banking ombudsmen regulations?

 

There are no regulations regarding how many calls a day a creditor can make, harassment is harassment your talking bollocks ready.

 

They are correct in the advise of payments every 30 days on a debit balance, read the terms and conditions, keep in mind this is to avoid next action, banks have a legal responsibility to make it known when an account holder is in breach of T&C and equally when T&C are met. Any credits made will not reduce the amount of any agreed refund.

 

This is also bollocks, these so called debts are already stayed in the county court so until the dispute is settled the bank, and any DCA stupid enough to buy such a debt has no rights or powers to collect or defame the character of the so called debtor by reporting defaults to the CRA's

[johnnymitch]

I know you're a bit of an animal zooman, but there is no need to be abusive - ready is giving an opinion - if you disagree with it you're entitled to say so - politely ............

[Hasselhoof]

Hi all again

 

Today's latest news.

 

My "debt" has now been passed to Metropolitan, they just called me to arrange repayment.... The phone call didn't go as the guy planned I informed him that the debt was in dispute and in court, and had been in court since August 2007, and as such they could not attempt to collect on it and it should be passed back to HSBC, I also requested all further communication to be in writing and any further phone calls I would consider as harassment

 

About right?

[johnnymitch]

Absolutely brilliant hasselhoof -

 

It's great when you have the whip hand for a change........ and it shouldn't have been passed to them anyway .....as it's in court ..... but of course Metro are only a branch of HSBC anyway , so they're really just keeping it in-house .....

 

There's a brilliant letter of Pete Castlebest's if you ever need to use it :

 

Action on a Stayed Claim ..........courtesy of Castlebest

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/125577-metropolitan-collection-services-action.html#post1311983[/font]

 

But the ball is in their court for the moment , I would say .....

[Castlebest]

Yanno one day that letter is going to come back and bite me on the arse if they are brave enough

[johnnymitch]

:D

 

really laffin........ it's a cracker ! (as a certain irish comedian used to say !) and they might come and bite you in the a**se - as long as they've got their jabs up to date ......... hee hee -

[Hasselhoof]

Hi All

 

Well today I got my letter from MCS, the usual, pay blaa blaa within 7 days or else...

The letter was dated 11th March and arrived today, 19th March and gave me 7 days from the date of the letter to respond... So I gave them a call and both barrels Although I first asked if they were recording the call, when She said yes, I said good, I won't have to repeat myself then

She told me I would receive no more letters or calls untill after the test case was resolved

 

Rich

[johnnymitch]

Well done ,hasselhoof , -Thanks for the update - wish I'd been a fly on the wall. I particularly liked the bit where you asked if they were recording , then turned it to your advantage -

 

A good blueprint for future Caggers to follow.... don't let them lead you !

[gil_jnr]

Hi all

 

Im new here and to consumer action dealings with my bank (HSBC) and in the process of initiating an action (details of which will be posted in a new thread) but thought Id offer a suggestion to the post below..

 

I noticed that someone had posted about a possible solution to your phonecalls on another thread. They suggested (and if you use online banking) to delete your phone numbers from their records. Whether this works I do not know personally, but it might be worth a try.

 

Ive just setup a free 0871-xxx-xxxx number with a web-based telephony company that diverts calls from that number to the landline.

 

Any call to that number earns 2.5p per minute at a national rate fee

 

As part of my "foxtrot-oscar" to HSBC I will requesting inbranch that all contact telephone numbers previously held be deleted and the 0871 number as the only contact.

 

The next time the collections department or any other calls start coming through, at least I will have the pleasure of knowing that their harrassment calls are earning me money

[Hasselhoof]

Hi All!!

 

Just a quick question.

I'll fill in some details first though.

 

As it stands now my case is still stayed in court, I have informed the court, HSBC and DG that I still wish to persue the case but that I will be amending my claim in court to take account of the results of the test case.

 

My question is how do I change my claim and what leagal issues should I use in the amended claim? and can I increase the ammount I'm claiming for, as since the case has been stayed in court for 2 1/2 years now there are some additional charges that I can claim for (that arrived before I parachuted to another bank).

 

Thanks

 

Rich

[Castlebest]

Hiya Hasselhoof

 

We are working on the new particulars for the way forward as fast as we can and as soon as we have something concrete it will be posted in the templates library. Advice at the moment is buy as much time as you can.

 

When this is available you will need to amend your claim anyway so I dont see any reason why you shouldnt amend your schedule of charges to include the additional ones at the same time, thats what I intend to do.

 

pete