Help needed - debt handed to lawyer whilst FOS investigation ongoing

[NormalJoe]

Dear Legal beagles,

I have debt with HSBC which is under dispute since 2009. Payment was not allocated against account, accrued charges and higher interest - I complained and then raised account dispute in writing. In an attempt to resolve this with their call centre one of their staff threatened me and used abusive and discriminatory language. I logged an complaint with the FOS and notified HSBC. Since then it has been a process of HSBC claiming "no dispute", "not answering or responding to my complaints", "declaring a default", "handing the debt over to various collection agencies and back to HSBC" and now, "handing the debt over to a solicitor". I have sent a SAR t HSBC and have received the detail from HSBC. I recorded call and have filled this as evidence too.

I have sent a letter to the solicitor notifying them that the account and debt is in dispute and that the account and debt is the subject of an FOS complaint and ongoing investigation. In my letter is asked for several documents they would rely on in court of law as I want to prepare my defence and counter claim - I provided them 14 days to comply which has now run out. I received a letter from the solicitor demanding telephonic contact within 24 hours to avoid further legal actions. I called and notified them of the above via the call

I have the following questions:
- Is what they (HSBC & Solicitors) doing legal ?
- What happens if the solicitor does not provide the documents? (are they breaking the law)?
- Can they go to court and get an order against me without providing the information?
- Following my request to the solicitor, are they now obligated to notify me if and when they take this to court?
- What do I do next?

[leclerc]

Re: Help needed - debt handed to lawyer whilst FOS investigation ongoing

Dear Legal beagles,

I have debt with HSBC which is under dispute since 2009. Payment was not allocated against account, accrued charges and higher interest - I complained and then raised account dispute in writing.
What do you mean that payment was not allocated against the account? Did you make a payment to them which did not reach the correct account?

In an attempt to resolve this with their call centre one of their staff threatened me and used abusive and discriminatory language. I logged an complaint with the FOS and notified HSBC. Since then it has been a process of HSBC claiming "no dispute", "not answering or responding to my complaints", "declaring a default", "handing the debt over to various collection agencies and back to HSBC" and now, "handing the debt over to a solicitor". I have sent a SAR t HSBC and have received the detail from HSBC. I recorded call and have filled this as evidence too.
Can we take one step back on the disputed payment issue and then we will try and quicken up the process?
I have sent a letter to the solicitor notifying them that the account and debt is in dispute and that the account and debt is the subject of an FOS complaint and ongoing investigation. In my letter is asked for several documents they would rely on in court of law as I want to prepare my defence and counter claim - I provided them 14 days to comply which has now run out. I received a letter from the solicitor demanding telephonic contact within 24 hours to avoid further legal actions. I called and notified them of the above via the call

I have the following questions:
- Is what they (HSBC & Solicitors) doing legal ?
- What happens if the solicitor does not provide the documents? (are they breaking the law)?
- Can they go to court and get an order against me without providing the information?
- Following my request to the solicitor, are they now obligated to notify me if and when they take this to court?
- What do I do next?

I'll ask someone to take a look on the legalities side but I can help on the banking side of things.

[The Debt Star]

Re: Help needed - debt handed to lawyer whilst FOS investigation ongoing

the account and debt is in dispute and that the account and debt is the subject of an FOS complaint and ongoing investigation.

can they sue the OP while a FOS complaint is ongoing? I thought a dispute was GRIDLOCKED until that is finalised?

[NormalJoe]

Re: Help needed - debt handed to lawyer whilst FOS investigation ongoing

have debt with HSBC which is under dispute since 2009. Payment was not allocated against account, accrued charges and higher interest - I complained and then raised account dispute in writing.
What do you mean that payment was not allocated against the account? Did you make a payment to them which did not reach the correct account?
I made the payment on the 31 of the month for the following month (did make a payment on the 1st of the same month too as normal). HSBC accounted the payment of the 31st for the previous month which meant that I went into arrears for the following month. I wrote to them explaining this but they did said the payment has been allocated by their system. It meant that I accrued late payment fees and additional interest. I requested the late payment fees and additional interest be written back which was also not done. without fixing this error it would mean that I made 3 payments in two month - 1st payment - 1st, 2nd payment - 31st, 3rd payment -1st.

In an attempt to resolve this with their call centre one of their staff threatened me and used abusive and discriminatory language. I logged an complaint with the FOS and notified HSBC. Since then it has been a process of HSBC claiming "no dispute", "not answering or responding to my complaints", "declaring a default", "handing the debt over to various collection agencies and back to HSBC" and now, "handing the debt over to a solicitor". I have sent a SAR t HSBC and have received the detail from HSBC. I recorded call and have filled this as evidence too.
Can we take one step back on the disputed payment issue and then we will try and quicken up the process?


I have sent a letter to the solicitor notifying them that the account and debt is in dispute and that the account and debt is the subject of an FOS complaint and ongoing investigation. In my letter is asked for several documents they would rely on in court of law as I want to prepare my defence and counter claim - I provided them 14 days to comply which has now run out. I received a letter from the solicitor demanding telephonic contact within 24 hours to avoid further legal actions. I called and notified them of the above via the call

I have the following questions:
- Is what they (HSBC & Solicitors) doing legal ?
- What happens if the solicitor does not provide the documents? (are they breaking the law)?
- Can they go to court and get an order against me without providing the information?
- Following my request to the solicitor, are they now obligated to notify me if and when they take this to court?
- What do I do next?

Read more at: Help needed - debt handed to lawyer whilst FOS investigation ongoing - Legal Beagles Consumer Forum
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Saying this, the process has gone so far that we can not see eye to eye on the matter. Following the dispute and threats I stopped payments in full. They have subsequently issued an default notice.

[leclerc]

Re: Help needed - debt handed to lawyer whilst FOS investigation ongoing

Is this a credit card account we are talking about?

[NormalJoe]

Re: Help needed - debt handed to lawyer whilst FOS investigation ongoing

Personal loan

[leclerc]

Re: Help needed - debt handed to lawyer whilst FOS investigation ongoing

Personal loan

Was it paid by Standing Order or Direct Debit?

[Amethyst]

Re: Help needed - debt handed to lawyer whilst FOS investigation ongoing

SO you had a loan account which you were paying monthly. Your payment date was the 1st of each month.

For arguments sake say you were paying £250 a month. How did the payments go, from your description sounds like the first one, but that would mean you are £250 in front.


Jan 1st: £250
Feb 1st: £250
March 1st :£250
March 31st: £250
April 1st: £250
May 1st: £250

orrrrrrrr


Jan 1st: £250
Feb 1st: £250
March 1st :£250
March 31st: £250
May 1st: £250

or


Jan 1st: £250
Feb 1st: £250
March 31st: £250
April 1st: £250
May 1st: £250


(jut because its easier to see what happened if you spell it out)

[NormalJoe]

Re: Help needed - debt handed to lawyer whilst FOS investigation ongoing

The payments made was as per your first example.

[Amethyst]

Re: Help needed - debt handed to lawyer whilst FOS investigation ongoing

Cool, ta, what does your statement of account show and do you have a copy of your credit agreement ?

payments

Jan 1st: £250
Feb 1st: £250
March 1st :£250
March 31st: £250
April 1st: £250
May 1st: £250