hsbc sending baliffs

[clayman]

Hi
I hope you can help me.Eleven weeks ago i applied through the financial ombudsmen service on the grounds of hardship.The bank have totally ignored them and have themselves instructed solicitors and baliffs to recover my overdraught and loan.The charges i am claiming back far out way this figure.I told the soliciters to take me to court but they declined. I hope you can help me
many thanks

[TUTTSI]

Re: hsbc sending baliffs

Hi Clayman

A warm welcome to Legal Beagles.

Can you post up more info on your case regarding your hardship etc.

Have you opened a parachute account with another bank!

When did you send of your hardship claim to the FOS and have you received a claims ref number!

What is the value of your claim (charges) and how much do you owe HSBC on the overdraft.

What documents did you send to the FOS ie Income and expenditure summary, evidences of hardship and why you consider you come under the FSA waiver rules for hardship.

Are the solicitors D & G !

For them to be able to get a Bailiffs warrant they first must have taken you to court and obtained a judgement, has this happened!

What makes you think they are sending the Bailiffs, have they threated this in writing or on the phone!

IMHO - I would write immediately to HSBC's solicitors and inform them that the matter is in the hands of the FOS (and add the FOS ref number if you have it)as you are suffering financial hardship. Keep everything in writing at this stage, I would not get involved on the phone.

The more info you can give will allow us to help you further.

[Curlyben]

Re: hsbc sending baliffs

If the solicitors have declined to take you to court then they WONT be sending the bailiffs round any time soon.
There must be a court judgement before they can even think about this course of action.

Now have you spoken to the FOS about these threats you are receiving while you are attempting to recalim the charges under hardship rules through them ??

[clayman]

Re: hsbc sending baliffs

Hi Tuttsi
Thanks for your reply.
I have another account with barclays and i applied to the FOS about 12 weeks know.HSBC owe about 59k, i owe them 15662.05.The soliciters are D and G,the baliffs are metropolitain collection services.I hope this helps

thanks clayman

[Curlyben]

Re: hsbc sending baliffs

Metropol aren't bailiffs at all, but HSBC's in house DCA, so nowt to worry about there.
I would inform them both that this matter is being dealt with by the FOS and to direct all inquiries there.

[clayman]

Re: hsbc sending baliffs

HI Curlyben
thanks for your reply.I guessed the baliff angle was a ploy.I spoke too the FOS today and they have sent another letter to the bank.Will this one be ignored?
Thanks again Clayman

[Curlyben]

Re: hsbc sending baliffs

I'd send both a simple dispute notice.

Something along these lines should do the trick

ACCOUNT IN DISPUTE

Dear Sir/Madam,

Your ref:


Thank you for your letter of **DATE**, the contents of which are noted.


I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.
As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency. Also note that I have already lodged a formal complaint with the Financial Ombudsman Service and they are dealing with this issue on my behalf. Any further queries should be addressed with directly with them.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

[clayman]

Re: hsbc sending baliffs

Thans again Curlyben
I wrote to both and didnt receive a reply


Clayman
------------------------------- merged -------------------------------
Thanks for the draught letter will send them both a copy of it tomorrow

thanks clayman

[clayman]

Re: hsbc sending baliffs

To tuttsi
Sorry missed out some information ,i have a possession order on my house .

clayman

[TUTTSI]

Re: hsbc sending baliffs

To tuttsi
Sorry missed out some information ,i have a possession order on my house .

clayman

You say you have a possession order, can you give us more details of where you are upto. I presume that you have arrears! if this is the case are you able to repay some of your arrears over a period of time!

There is the Cheltenham and Gloucester v Norgan case http://www.creditlaw.co.uk/Cases/cheltenham.htm
this case is where arrears can be spread over the remaining term of the term.

have you tried to resolve matters with your lender! and was was the result!

[clayman]

Re: hsbc sending baliffs

hi tuttsi

I have an arrangement with the lender and the court were I pay an extra 600 a month on top of my mortgage ,i am managing to keep too this

Clayman

[TUTTSI]

hi tuttsi

I have an arrangement with the lender and the court were I pay an extra 600 a month on top of my mortgage ,i am managing to keep too this

Clayman

So is this a suspended possession order! and have you given the FOS sight of the court documents!

[clayman]

Re: hsbc sending baliffs

HI tuttsi
No they havnt asked for this yet
thanks Clayman

[WendyB]

Re: hsbc sending baliffs

Did you say HSBC owe you 59k??? That is an awful lot of money. They can't send bailiffs in if it's not been to court, so they are just threatening you. It would actually probably be better if they did take you to court, as you could then counterclaim your charges against theirs. Which is probably why they haven't gone down this route.

[clayman]

Re: hsbc sending baliffs

Hi Wendy B
When I spoke to D & G i told them to take me to court they declined
Thanks clayman