HSBC defy Waiver (Adele v HSBC)

[Amethyst]

Re: HSBC defy Waiver (Adele v HSBC)

Great letters EXC. Thank you.

Yes I agree a further copy to KF from you would be liable to get more attention. Agree re BSCB too.

Adele you okay with those letters? If you attach copies of them to the one to HSBC then it should put some more weight behind your complaint too.

In your letter to HSBC you may want to add a little about your circumstances as well to nudge them on looking at the case under hardship.

[EXC]

Re: HSBC defy Waiver (Adele v HSBC)

I've made a slight amendment to the FSA letter re the OFT guidelines.

If Adele sends the FSA letter to
centralwaiversteam@fsa.gov.uk

And the OFT letter to Kate Farrow

I'll send an e-mail to KF to give it her attention.

[BJ's Dad]

Re: HSBC defy Waiver (Adele v HSBC)

Don't know whether this helps at all but in my stayed case (one of many passed down in a mass hearing in Leeds) the Judge stated that if the banks pursued/harrassed claimants until the outcome was finalised between OFT/Banks then he would have no hesitation in lifting individual stays to hear the claimants case
Might be worth ignoring HSBC and going straight back to the Judge who stayed this case

[EXC]

Re: HSBC defy Waiver (Adele v HSBC)

I don't think this case is with the court but full marks to the judge in your case. Clearly justice wouldn't be served if the banks sought stays to prevent claims being heard - pending the outcome of the test case - and then pursued the 'debt' as the whole idea of the waiver and stays is to suspend all disputes until legal clarity is established.

The FSA really should have made it clearer in the waiver rather than limp 'guidance' that ''might'' apply to those in financial hardship - a status the banks themselves are charged with determining

[adele43]

Re: HSBC defy Waiver (Adele v HSBC)

Thankyou soo much, have sent e mails off with attached paperwork..now, maybe daft question..do i send copies of these to HSBC
Adele

[Amethyst]

Re: HSBC defy Waiver (Adele v HSBC)

Thankyou soo much, have sent e mails off with attached paperwork..now, maybe daft question..do i send copies of these to HSBC
Adele

Yes indeedy

[Dougal16T]

Re: HSBC defy Waiver (Adele v HSBC)

Good morning all,

Many thanks for thinking of me......I am just a very small pebble on a very large beach!

I have received absolutely nothing from HSBC as at today's date, despite assurances from Michael Easthope at HSBC that he would attend to it, (HSBC were 'directed'; by the Appeal Court Judge, Mr Justice Blair, to deal with my claim NOW), still waiting!

Suspended warrant for Possession of my home due to expire on in June 2009, there will be a new application on my part, having been given leave to do so.

Lots going on at present, very busy, sorry for lack of posts, will get up to date next week - involves GE Money and Swift Advances, to name but two.

(Serious problems with ex-wife and step-daughter....more later)

Kind regards and best wishes to all

Dougal

[EXC]

Re: HSBC defy Waiver (Adele v HSBC)

Dougal

Definately worth chasing them. Are you keeping in touch with Tom re this?

Adele

Had this from OFT - sounds like it's being passed on to the right department but might be worth sending a copy to them anyway.

Hi Nick

I would be happy to pass this on for you. I haven't read Adele's email yet, but from what you say it is likely to be one for the Debt Collection Team, Consumer Credit Group. The Head of that team is Rita Hall-Hughes, rita.hall-hughes@oft.gsi.gov.uk, 020 7211 8671

Kind regards,
Kate

Good that we know the OFT have a Debt Collection Team to report other stuff too.

[enaid]

Re: HSBC defy Waiver (Adele v HSBC)

Sorry to but in here, but I was hoping to write to FSA about Natwest.
Do you think I should? and what bits of Exc's letter should I use?

[Dougal16T]

Re: HSBC defy Waiver (Adele v HSBC)

Good evening all,

Thanks for your thoughts, input and fantastic help (in more ways than one...), to answer the question I am keeping Tom in the picture.....

HSBC have now said they have heard about the Eviction hearing in April 09 and Miss Rosie Hines of HSBC said 'I have had an e-mail from a colleague, and if you are to lose your home at the next hearing (June 09) then we will have to look at your refund from a fresh point of view.'

She said that they may consider refunding all of the charges 'if necessary'. ....!

I said that I would NOT accept a refund of charges direct to the lender, as I felt that his benefitted HSBC by making them appear to assist people who got into difficulty, whereas in reality I felt that this was not true.

I also said that I would deal with any discharge of the mortgage personally on receipt of a full refund of charges and costs. She understood and said 'We will have further discussion in the event that this matter is not resolved to your advantage in June 2009.' I told her that there would be a fresh application for the warrant to be further suspended.

Interesting isn't it......?

Still awaiting the result of my SAR to GE Money.....wroe to them on 24/4/09 and enclosed £10 p.o. They wrote back to say PO not enclosed. I wrote back and gave them full details (serial/ref number/date and time of posting/my hat size/number of times my dog barks on a Thursday....you know the sort of thing!!)
They replied (received yesterday) 'Please provide proof that the PO has been cashed and we will investigate further.'

Have contacted Post Office and am awaiting response.

I say that if PO has been cashed (GE Money were the payee on the PO), the the 40 days SAR time limit starts from the day the PO was cashed...am I right??

In the meantime,

Wishing you all a good weekend

Dougal

[Paule]

Re: HSBC defy Waiver (Adele v HSBC)

I say that if PO has been cashed (GE Money were the payee on the PO), the the 40 days SAR time limit starts from the day the PO was cashed...am I right??

It starts from when they receive the letter.
If they dont cash the PO or chq for 2 or 3 weeks thats their problem.

Providing that you have proof of delivery to ascertain when they received the request

[Dougal16T]

Re: HSBC defy Waiver (Adele v HSBC)

Thanks for the message,

GE have confirmed that they received the letter, but claim the PO was not enclosed.
I KNOW it was because I bought the PO in the Post Office (where else) and put it in the envelope, and sealed the envelope in the Post Office and sent it Recorded Delivery from the Post Office....!!!


Best wishes to all


Dougal