CLAIM STRUCK OUT !!!! Need help with a court claim please

[mystery1]

Re: Need help with a court claim please

I fear this could be argued by the claimant that

1, your HSBC account charges and the standing order you set up from another Bank are 2 separate issues
2, as your HSBC account was already withdrawn, HSBC could not get anything out of that account except by adding to the debt with charges
3, As HSBC account was already overdrawn then there was no possible way that you would be paying the loan twice as only way the debt can arise further is by means of unpaid DD charges
4, As you knew the account was overdrawn, then you would also know that there was no risk of paying twice
5, As there was no risk of you paying twice then you had no reason to cancel payment from your other bank for the loan
6, As the HSBC account issues were a separate issue to the loan payments, loan payments should of carried on (as no risk of paying twice) and also had/started an on going complaint/claim with HSBC regarding charges

I really hope that someone has/knows of/can come up with arguments that can deal with the points above for you

The fact her funds were dwindling due to this has a direct impact on the ability to repay, no ?

M1

[Gorang]

Re: Need help with a court claim please

I then wanted to get all the charges removed from my hsbc account for all the DD's they had presented every two weeks when they knew i wanted to pay from another bank, this they also refused (leaving my hsbc account in arrears of around £700).
my original
For some reason that i do not know hsbc decided to go against what the FSA had said and reinstated the DD on my hsbc account in oct 07 and again preceeded to try and take this money every two weeks. When i found out about this i contacted the bank who said they were doing nothing wrong as they were just trying to get their money back.

I had made my payments as agreed from my other account but after they decided they were going to try to get two lots of money for this loan i informed i would not be paying any more as they had no authorisation to reinstate a direct debit on my account without my signature, and an account they knew was no longer being used.

I fear this could be argued by the claimant that

1, your HSBC account charges and the standing order you set up from another Bank are 2 separate issues
2, as your HSBC account was already withdrawn, HSBC could not get anything out of that account except by adding to the debt with charges
3, As HSBC account was already overdrawn then there was no possible way that you would be paying the loan twice as only way the debt can arise further is by means of unpaid DD charges
4, As you knew the account was overdrawn, then you would also know that there was no risk of paying twice
5, As there was no risk of you paying twice then you had no reason to cancel payment from your other bank for the loan
6, As the HSBC account issues were a separate issue to the loan payments, loan payments should of carried on (as no risk of paying twice) and also had/started an on going complaint/claim with HSBC regarding charges

I really hope that someone has/knows of/can come up with arguments that can deal with the points above for you

[mysticphoenix666]

Re: Need help with a court claim please

i tried to talk to them and they refused any assistance as i said above they froze my internet access so at first i didn't know about the reinstated DD otherwise i wouldn't of made any payments as they had broke the arrangement.

When i received the first demand letter saying i had only 30 days to pay my response was take me to court as i didn't want them to get away with what they were doing.

I only had 8 weeks to go back to FSA regarding the complaint, hsbc left it just about 8 weeks before they reinstated the DD i think to ensure i would have to start again from the beginning.

[Amethyst]

Re: Need help with a court claim please

It makes much more sense now, I have to admit I thought it was a bit odd taking a loan out in March and your last payment being November....seemed a tad cheeky

Did you continue with the complaint through HSBC after they took the DD back to your current account ?? and how did that go lol...

Did you post a thread anywhere at the time you were dealing with it ?

[mysticphoenix666]

Re: Need help with a court claim please

yes they should do, i only have a couple to hand i need to get them all out but they do have the loan payments being taken out and charges being applied.

im not sure regarding late payment fees there are none shown on the transaction list they have sent me only the 2 weekly DD they were taking. if i have any i dare say that i will have a letter amongst my files to show them.

[Amethyst]

Re: Need help with a court claim please

Fabulous.

Do your statements clearly evidence the issues with the loan payments being bounced and the charges etc being applied?
Did you also receive late payment fees on your loan account ?

[mysticphoenix666]

Re: Need help with a court claim please

Also was it the FSA or the FOS that helped you?

it was the FSA

[EXC]

Re: Need help with a court claim please

Also was it the FSA or the FOS that helped you?

[mysticphoenix666]

Re: Need help with a court claim please

Okay. Have a look through the T&Cs with your credit agreement and find the bit that says payments must be made from your HSBC account. it doesn't actually state this i don't think, but the terms have been posted with the agreement above.

It would be interesting, and potentially useful, to see the letters between the FSA and yourself over this issue. i will try and scan these in, i will have a look for my letter to the FSA im sure i have a copy some where.

Unfair Relationship....possibly, lets check the terms.

So, you took a loan out with HSBC, due to their bank charges your HSBC account was overdrawn and in dispute and HSBC were aware of this. You asked HSBC to take the loan payments from an alternative account whilst you sorted your dispute and they refused, applying more charges by representing the DD, pushing your account further into the red.

Did you try and cancel the DD via your account or just through the loan side ? they froze me out of my internet banking account so i could not cancel it and they wouldn't do it in branch hence why i contacted FSA.

Did you try and make payments to the loan directly but were refused because they insisted on taking them by DD ? i had no way of paying into the loan other than the original method as at the time i wasn't aware i could do a standing order from another bank as they told me it had to be the DD. until FSA intervened.


It has been a while since I've dealt with an unfair bank charges relationshippy case so I'll have a read back over some old threads.

It COULD be a possible defence but this is a complex issue and will need solid ground work....and evidence.

So how long have we got before the defence is due in? I believe i now have until the 28th december.

Have you submitted a SAR ? No
Did you get a SAR when trying to reclaim your bank charges - with transaction lists on for your current account ? i didn't need to as i have all my statements which i copied and sent off with my bank charges claim.

as much information / documents / evidence as you can get together, do it I am pretty sure i have everything ever sent as i have never thrown anything away due to the dispute. will dig it all out.

No promises, and I wish you'd mentioned all this in your first post, but it is certainly worth looking at properly. i didn't think this would be of any help with the initial claim as i never thought they would come up with any information. i didn't want to go into too much detail and confuse the situation sorry if i have made things worse.

thanks

[mysticphoenix666]

Re: Need help with a court claim please

well i am assuming it is now unenforceable as the account has not been touched since before the last payment to my loan and that would of been statue barred on 12th nov had the court not been involved, but at last look it was on my credit file as around £700 overdrawn.

[Amethyst]

Re: Need help with a court claim please

Also what is the status of your HSBC current account now ?

[Amethyst]

Re: Need help with a court claim please

Okay. Have a look through the T&Cs with your credit agreement and find the bit that says payments must be made from your HSBC account.

It would be interesting, and potentially useful, to see the letters between the FSA and yourself over this issue.

Unfair Relationship....possibly, lets check the terms.

So, you took a loan out with HSBC, due to their bank charges your HSBC account was overdrawn and in dispute and HSBC were aware of this. You asked HSBC to take the loan payments from an alternative account whilst you sorted your dispute and they refused, applying more charges by representing the DD, pushing your account further into the red.

Did you try and cancel the DD via your account or just through the loan side ?

Did you try and make payments to the loan directly but were refused because they insisted on taking them by DD ?


It has been a while since I've dealt with an unfair bank charges relationshippy case so I'll have a read back over some old threads.

It COULD be a possible defence but this is a complex issue and will need solid ground work....and evidence.

So how long have we got before the defence is due in?

Have you submitted a SAR ?
Did you get a SAR when trying to reclaim your bank charges - with transaction lists on for your current account ?

as much information / documents / evidence as you can get together, do it

No promises, and I wish you'd mentioned all this in your first post, but it is certainly worth looking at properly.

[mysticphoenix666]

Re: Need help with a court claim please

thanks for your reply M1.

I have no idea whether i have a claim for PPI and wouldn't have a clue where to start.

Is there anyone who would have an idea regarding my situation, i know it is a strange one and i always hoped it would be the bank itself that would issue proceedings but it never did.

Thank you for the links but to be perfectly honest i don't understand any of it.

[mystery1]

Re: Need help with a court claim please

You need to start the ppi reclaim, if it applies to you, asap.

You need to look for any notice of arrears notices under s86b of the cca 1974 as it could save on interest and reduce an default sums too. http://www.legislation.gov.uk/ukpga/1974/39/section/86D

I'd also look at unfair relationships http://www.legislation.gov.uk/ukpga/...-relationships not something i'm au fait with and not sure it'll apply since the claimant isn't the bank.

M1

[mysticphoenix666]

Re: Need help with a court claim please

Okay so a little background information regarding the dispute.

I took the loan out in March 2007 as a renewal to a previous loan and to repay some debts. The first payment was due 15th July. I had some issues with the bank already regarding bank charges this was prior to all the stuff in the news. I had already opened a new account with a different bank due to the extortionate charges being applied every month.

So when the first payment came around i tried to get the bank to change the direct debit to my new account which they refused subsequently resulting in them presenting the DD every two weeks and failing i must of gone in to the bank hundreds of times to say look i have the money in my other account but i could not put it in my hsbc account as they would just take the money for charges and not the loan. I eventually gave up with the bank and went to the FSA with a complaint as i had the money and was willing to pay but they were refusing to cancel the original DD and set it up for my new account.

Finally in Aug 07 with the help of the FSA i received a letter from HSBC saying they would cancel the DD and accept payment from my other account. So i set up a standing order to pay from 18th september 07 every 4 weeks (as this is how i got my wages).

I then wanted to get all the charges removed from my hsbc account for all the DD's they had presented every two weeks when they knew i wanted to pay from another bank, this they also refused (leaving my hsbc account in arrears of around £700).
my original
For some reason that i do not know hsbc decided to go against what the FSA had said and reinstated the DD on my hsbc account in oct 07 and again preceeded to try and take this money every two weeks. When i found out about this i contacted the bank who said they were doing nothing wrong as they were just trying to get their money back.

I had made my payments as agreed from my other account but after they decided they were going to try to get two lots of money for this loan i informed i would not be paying any more as they had no authorisation to reinstate a direct debit on my account without my signature, and an account they knew was no longer being used.

Hope this helps and maybe someone might know if i have a case here as it was never about the money it was about the principal.

I did try to claim back all the bank charges when it all hit the news but they only offered me half of what was due and then when i appealed they reckon they didn't receive it until the day after the courts ruled they no longer had to pay up so they dismissed my appeal.