HSBC Charges / Managed loans

[bones01]

hi all this is the 2nd letter that they have sent me now , the other was similar givin me 7 days to respond and after 100 phone calls i answered and spoke to some gent who seems to have stopped them after an absolute earbashing off me

 

How should i respond to this now ? x:confused:

metro hsbc 9.4.10.doc

[bones01]

To whom it may concern,

 

I write in response to your letter dated 03/04/2010, I am rather bemused as to why the account above that is in dispute has been passed to you for collection. The account has pending issues that are far from resolved between me and your client.

HSBC are fully aware that pursuing collection of a disputed account is in full breach of the OFT guidelines, and I will once again report any futher collection activity to the FOS.

 

HSBC have admitted that the prescribed terms are incorrect on the credit agreement, and that the managed loan in question is made up of unlawful charges from both overdraft and credit cards, having a MAJOR impact on the enforceability of the agreement.

 

I kindly request that you pass the account back to your clients until the current disputes have been closed.

 

However if you choose to proceed with collections i fully accept that this matter has now reached an impasse and I await the necessary paperwork from your litigation team in order to process this matter forward and the disputes settled once and for all.

 

I shall expect your response within the next 7 days

 

Yours sincerely

 

 

 

Would appreciate any advice on the following letter for metroplotian please ?

 

would now be the time to offer a full & final ?x

[djwigster]

I am by no means an expert, but that looks fine to me...you really want HSBC to "put up or shut up" and I think your letter gets this point across.

 

In terms of a F&F settlement...I would hold fire on that if I were you and see if they have got the balls to take you (and us caggers!) on in court first.

 

I will keep following this with interest as we are in a similar situation albeit a bit further back in the chain of events.

 

[johnnymitch]

Hi bones , that's a very good letter ...as DJW says , it tells them the picture, leaving no room for argument ....

 

There is just one small AmendmenT I would make :

 

is made up of unlawful charges from both overdraft and credit cards, having a MAJOR impact on the enforceability of the agreement

 

I would change "unlawful " to "disputed" because they may argue that the charges are not unlawful .... especially the O/D charges .....

 

Apart from that ......I'd say ...... go get 'em !

Edited April 10, 2010 by johnnymitch

[bones01]

thankyou guys , its now or never lol x

[bones01]

another letter threatening doorstep callers and legal action now stating that they are going to add another few hundred pounds on for collection charges , completely ignoring the previous letter that i sent so have re sent with a no doorstep calling letter and shall see what we get this time

[citizenB]

If you havent had a response to your letters, bones.. send them a reminder..

 

Short covering letter..

 

Dear Sirs,

 

My letter dated WHENEVER, has received no response.

 

Please find enclosed copy for your ease of reference. I look forward to hearing from you without further delay.

 

Etc,

 

Enclosed: copies of unanswered letters

[bones01]

Hi all ,

 

this is what i have been dreading

 

Please could i have some advice on how to respond to the letter ??

 

thankjyou

 

x x:D

court hsbc 16.06.doc

[johnnymitch]

Hi Bones welcome back ......

 

This is DG Solicitors ........HSBC's In-house (Il)legal team .....I've just noticed the 'really small print' at the bottom of their letter ......

 

"This firm is the practising name of solicitors employed by the HSBC Group "

 

MCS were threatening you with legal action "within 7 days " over two months ago ...

 

Now DG are throwing their hat in the ring ......

 

I would send them a copy of all the correspondence you've sent to HSBC and MCS and and point out that your requests have not been answered and that by their own admission (as you said in #167)... they are unable to produce copies of agreements.

 

Point out (again ) if you haven't already done so, that you require copies of ALL documents they would be relying on in court, so that you can,if necessary mount a competent defence .....

 

You could add , as they did , in big letters IT IS IMPORTANT THAT YOU CONTACT ME WITH THIS INFORMATION

 

 

I shouldn't think they'll do that ..... if they haven't got the agreements ,it would be a waste of time them going to court ......

 

IMHO this is DG trying to put the frighteners on , as they've done sooooo often before .... and it probably works with those who don't know any better and are not members of CAG .......

Edited June 16, 2010 by johnnymitch

[bones01]

thank you will be forwarding all correspondence to them again lol :~)

thanks once again for your help x x x

[djwigster]

Hi Bones, we have received a similar threatogram today from DG so youre not alone on this one!!

Will let you know how it progresses!!

 

All the best

[bones01]

Hi DW have just sent my response so will keep you informed as well fingers crossed x

[bones01]

Hi all,

 

I am in the next month or so about to have some funds given to me by a family member to allow me to F&f offer to get this sorted before i start uni as a student .

 

Money will be tight 1 full time worker , me as a student and 2 young children in childcare, so i want to get this dealt with.

 

Have read through a few threads from advice from my other thread and have come across this

http://www.consumeractiongroup.co.uk/forum/debt-management-debt-self/258600-final-settlement-offer-advice.html

 

any advice ??

Should i follow this route of should i do the standard f&f letter in templates???

 

Do i need to include any evidence of my income etc?

 

Also i have now been defaulted by this , should i see if the default is valid ? how do i check this ??

would this contribute to how enforceable the agreement is and affect the amount of f&f offer i would do ??

 

Thanks for all your help would just like to nip this in the bud now while i have the opportunity

 

thanks

 

x

[bones01]

have sent a f&f offer as adbised by the mould and have received a letter back from the solicoitors handling saying that it is unacceptable and to now contact them to discuss ?

 

Is there a second standard letter to send offering them it again ?

 

anyhelp would be appreciated

 

thanks xxx

[johnnymitch]

Hi Bones ,

 

IMHO ,seeing as how they haven't got an agreement , they're lucky you're offering anything ...

 

You could send them another , like the first , but just adapted to say that if they can produce the agreement which you've been asking for since xx xxx xx .....then you may revise your offer . However, in the absence of this agreement , this is the only offer on the table. It is offered without any admission of liability for the amount alleged to be owing and that it will expire on xx xxx xx (give them a month I'd say ).

 

After which ,I'd let 'em stew ... I realise you are trying to clear your feet bones , before uni ,and that is commendable ... but why should you pay more than you have to , if they're playing silly beggars .......

 

and of course you know not to phone them you'll only get hassle ...

 

Lets see what they come back with ............best of luck .....

[bones01]

hi JM , they have the agreement with this one its just that the prescribed terms for the amo9unt are incorrect and i have them admitting i9nj nwriting that this is the case . So how sho0uld i proceed just amend the last letter perhaps increasr 5% and say this is the final amount and under the circumstances of your own admittance that the prescribes terms are incorrect , i feel this is more than acceptable . You have 14 days to accept or i shall offer to another creditor !!!

 

:~) x

hope you are good by the way , not had much to report lately , so not been on too much x

[bones01]

just received another letter today completely ignoring my full and final offer again and stating they are taking legal action :o

x