nyc_lond10 Vs HSBC Bank

[nyc_lond10]

Great, thanks - I noticed your earlier comments abut Court claims as well and you are right, March 18th has come and gone and nothing has happened. I already sent Castle's letter to MCS (the one above) - anything else I need to do....?

 

I will look around to some of the other posts and see if I notice similar cases as well. Thanks again!

 

Thanks in advance, Robert

[nyc_lond10]

I called DG Solicitors today and spoke to someone on the help desk, who of course wasn't very helpful.

 

Apparently, after I complained to the Financial Ombudsman about their incestant telephone calling and high levels interest that were applied to my overdraft account, they referred my account to MCS which was then referred to DG.

 

I would like to send another letter to DG Solicitors about this letter. Any ideas. They don't seem to have a clue about the left/right hand id doing...!

 

R

[johnnymitch]

Thing is Robert , HSBC , MCS, DG........ are all the same firm ... all in the same building ..... so if each doesn't know what the other is doing , it's their own damn fault .......

 

Personally , in your position ,I'd leave it up to them to make the next move ..... if they're too stupid to see the situation , why not let 'em stew .......

 

They can't take you to court for a charging order without coming up against your 'stayed' claim .... . IMHO, if you write to them you'll only keep the pot boiling ......

[nyc_lond10]

Thanks then - I will sit tight and do nothing until this case comes to its natural end.

 

Thanks Johnny - Just got a bit nervous when I see words like" charge agianst house, etc".

 

Thanks Again. R

[johnnymitch]

Happy to help!

 

Just got a bit nervous when I see words like" charge agianst house, etc".

 

That's what they use to frighten people , Robert - charming lot , aren't they ?

[nyc_lond10]

Update - nothing happened but I woul dlike to have default removed from credit score. Any links or advice that anyone can provide...?

 

R

[johnnymitch]

How about the(same) ones pete and I posted for you on #167 & #168 :

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/164871-castlebests-default-removal.html#post1946244

 

Have a look at #5 on this link - it should give you some idea

[nyc_lond10]

Yes, sent that one some about two weeks ago in anticpation that a default notice would be added to my credit score. I suppose I should contact the information commisionar - ? I have already complianed to Financial Ombudsman but not sure how that will turn bt its worth a try.

[johnnymitch]

If you sent that letter , giving them 14 days ,you should follow through with your utimatums Rob , or they'll treat you with contempt...... Sometimes legal action is the only language they respond to ........

[nyc_lond10]

OK - I will follow up then. Any suggestions? I will write to information commisionar ! |Any reason why I couldn't revisit my existing stayed claim and raise this issue with the court...?

 

R

[johnnymitch]

Try this link , R -

 

Info for organisations - CCTV cameras, identity management - ICO

 

or google ICO and take your pick ........

[nyc_lond10]

Johnny -

 

I can't believe this - my last letter to HSBC stated

 

1) made a request for a copy of the signed, executed credit agreements and true, certified copies of the original signed default notice for the above account under s.78(1) of the Consumer Credit Act 1974, as amended. In addition, a statement of account should be sent along with any other document referenced in the credit agreement

2) A formal notice stating HSBC could not send, process data as unlawful and unwarrnated, etc.

3) I complained to Financial Ombudsman several times....

What do HSBC do....?

Context - they (apparently) defaulted me on the account in dispute in February, sent the account to MCS and then to DG - scare tactics....

So now what do I get....

1) April 15th - Sincere apologies - please speak to our Financial Guidance team, an acknowledgement that the account is in dispute

2) April 20th - another letter saying HSBC are looking into the matters (Service Improvement Officer)

3) April 21st - We still apply stand recovery procedures wile case is in dispute. We will send data to credit agencies. BUT- they send me a copy of an entirely different loan agreement as a copy of the CREDIT AGREEMENT from an ENTIRE DIFFERENT ACCOUNT - my student loan (ha ha stupid!) and lastly, HSBC stating that demand letters will be sent to me in due course.

4) April 28 - FINAL DEMAND letter on the account that was allegedly closed in February. I have 18 days to repay in full, statement of means needs to be returned if I can't.

Amazing - am I gogin in circles with these bozos or what...?

Anyway, I spoke to head Complaints office person who said they will look into this. Perhas I should follow up with a letter....?

What do you think....?

Robert

[johnnymitch]

Johnny -

 

I can't believe this - my last letter to HSBC stated

 

1) made a request for a copy of the signed, executed credit agreements and true, certified copies of the original signed default notice for the above account under s.78(1) of the Consumer Credit Act 1974, as amended. In addition, a statement of account should be sent along with any other document referenced in the credit agreement

 

2) A formal notice stating HSBC could not send, process data as unlawful and unwarrnated, etc.

 

3) I complained to Financial Ombudsman several times....

 

What do HSBC do....?

 

 

Context - they (apparently) defaulted me on the account in dispute in February, sent the account to MCS and then to DG - scare tactics....

 

So now what do I get....

 

1) April 15th - Sincere apologies - please speak to our Financial Guidance team, an acknowledgement that the account is in dispute

 

Hi Robert -That's worth something if it's in writing -admitting that the account is in dispute ......

 

2) April 20th - another letter saying HSBC are looking into the matters (Service Improvement Officer)

 

3) April 21st - We still apply stand recovery procedures wile case is in dispute. We will send data to credit agencies.

They're not supposed to do that while the account is in dispute - that would be a good argument for getting the Credit Report withdrawn... and now you've got their admission ...... they really are an arrogant shower .....

BUT- they send me a copy of an entirely different loan agreement as a copy of the CREDIT AGREEMENT from an ENTIRE DIFFERENT ACCOUNT - my student loan (ha ha stupid!) and lastly, HSBC stating that demand letters will be sent to me in due course.

 

This is a serious breach of the DPA Robert and needs to be reported to the Information Commisioner's Office as soon as possible - make sure you tell HSBC you're doing it .....

Information Commissioner's Office - ICO

 

4) April 28 - FINAL DEMAND letter on the account that was allegedly closed in February. I have 18 days to repay in full, statement of means needs to be returned if I can't.

 

Amazing - am I gogin in circles with these bozos or what...?

 

Anyway, I spoke to head Complaints office person who said they will look into this. Perhas I should follow up with a letter....?

 

 

What do you think....?

I would follow up with a letter , Robert to get your complaint in writing or they'll just deny anything said on the phone , etc....

Point out the stupidity and incompetence and tell them you have reported their unacceptible incompetence/ conduct to the ICO

 

Robert

 

Now you see what a bunch of idiots you're dealing with -

[nyc_lond10]

You're a star - sorry just back form long weekend. I will write out letter today. Can't believe these monkees!!!

 

Two letters (one to HSBC and one information commisisonar).

 

If that doesnt take care of things then I will go to court again and add costs to their bill.

 

Thanks Johnnymitch

[nyc_lond10]

Hi all - its been a while since I have written but I have been following with interest.

 

It appears as if people are getting their letters from HSBC in the post - I am sure mine is on the way.

 

Does anyone know...? - while the case has been waiting - interest has been piling up...is HSBC entitled to this? At the high rate...? How about any defaults - were they legally able to add a default on your credit report while the case was pending a decision...

 

Cheers, Robert

[johnnymitch]

Hi robert , welcome back ........ no doubt you'ved heard about the OFT wimping out of going any further with the legal action........

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=10&a=170

 

We're waiting to hear from the site legal guys as to where to go from here .... so keep your eyes on the Announcements at the top of the forum -

 

As for your other query ., it's a bit open-ended but basically :

 

The FSA waiver was extremely one-sided as it allowed banks to put claims on hold but it allowed banks to continue levying charges. It also allowed banks to continue enforcement action even in relation to disputed bank charges.

So it was just a small step from there to defaulting disputed claimants ....

[nyc_lond10]

Thanks Johnny - looks like a missed a bit here - OK thanks for that - but if I can only charge 8% statutory interest while my claim is in court, how can a bank charge nearly double that amount...?

 

Do I have any recoursewith respect to interest that was levied or a possible default...?

 

Robert

[nyc_lond10]

Hi there....

 

Looks liek I too got my letter from HSBC saying that I have 8 weeks to either change my complaint, etc or effectively give up....

 

What are my options here? My complaint is still with Wandsworth County Court?

 

While my complaint was stayed, interest was added - are HSBC entitled to this? at the high rate of 20% while if I would have won I would have only been granted s.69 interest @ *% interest...

 

Any ideas, gladly appreciated...

[nyc_lond10]

Any ideas on my last post....?

[johnnymitch]

Hi robert,

 

Not too sure about your interest argument .... although I can see the logic of it ..... but as for the other query , you should send them a holding letter ..... something like the one pete castlebest penned recently ...

http://www.consumeractiongroup.co.uk/forum/show-post/post-2664368.html

 

come back if you need more info ......... meanwhile , make sure your claim is still safely stayed in court ...... HSBC have been asking for stays to be lifted if you don't reply within a certain period.... and claims struck out !

[nyc_lond10]

Thanks Johny. So I send HSBC the letter that castlebest penned.

 

On a side, castlebst mentioned he has mended the particulars of his claim....to what & how? (or is that what we are waiting for?)...

[johnnymitch]

That is what we are waiting for at the moment , but you can say that you are awaiting further advice before amending your PCOs , and wish the 'stay' to remain so they know your intentions..... it stops them from going for a strike out on the grounds that you haven't answered them ..

[nyc_lond10]

Thaks Johnny - I sent the Castlebest letter to HSBC last week - should I be doing anything else. Sorry, maybe I being "thick" but do I need to do anytthing else....? Write to the court...? And say what...? Sorry about the questions....

 

Thanks for your help!

[Castlebest]

Hiya NYC, I sent a copy of the letter to the court too so they were aware of what I was doing, its basically a holding letter just to keep things from getting out of hand while we are waiting for the amended particulars of claim to be posted up, these are due any day now hopefully so no I haven’t amended my particulars yet but I will be.

If you didn’t send the court a copy of your letter I would just amend it slightly so its too the court explaining what your doing (something like “after taking advice you are currently amending your particulars…. and you will be submitting these shortly”.)

 

 

pete

[nyc_lond10]

Great Thanks castlebest - good to see you are still moving forward!