friend v hsbc

[jts]

I have been helping a friend with a claim against hsbc
his last letter from them was june 2008, basically statung his claim which has not as yet issued a court action on the bank
the reply for a request and notice of intent to court to recover charges basically staes OFt V HSBC and others.... all on stay therefore you are on hold. even though he has not issued a court action
yesterday, he had been asked to replay a loan fron HSBC which he can not afford, and they are threatening court action against him to recover,
What is his best action now ?
should he proceed and ask for hardship case to be heard ?

[natweststaffmember]

Re: friend v hsbc

I have been helping a friend with a claim against hsbc
his last letter from them was june 2008, basically statung his claim which has not as yet issued a court action on the bank
the reply for a request and notice of intent to court to recover charges basically staes OFt V HSBC and others.... all on stay therefore you are on hold. even though he has not issued a court action
yesterday, he had been asked to replay a loan fron HSBC which he can not afford, and they are threatening court action against him to recover,
What is his best action now ?
should he proceed and ask for hardship case to be heard ?

I think he should go back to HSBC on the basis of hardship. Clearly he does have loan arrears and perhaps other arrears I would suspect.

[Luminol]

Re: friend v hsbc

Natweststaff, out of interest, my OH has a HSBC account that we are in stalemate with over charges, because debt is in dispute theres been no further action (they sold it to Fredricksons), does this only apply when the account has been closed and is up for Debt recovery.

[natweststaffmember]

Re: friend v hsbc

Natweststaff, out of interest, my OH has a HSBC account that we are in stalemate with over charges, because debt is in dispute theres been no further action (they sold it to Fredricksons), does this only apply when the account has been closed and is up for Debt recovery.

To claim hardship?

[Luminol]

Re: friend v hsbc

No sorry, I meant the whole debt in dispute thing would that apply to the OP situation and prevent further legal action.

I maybe totally on a different page but Im just trying to increase my knowledge a little, sorry if i got it wrong

[natweststaffmember]

Re: friend v hsbc

No sorry, I meant the whole debt in dispute thing would that apply to the OP situation and prevent further legal action.

I maybe totally on a different page but Im just trying to increase my knowledge a little, sorry if i got it wrong

Yes I think it might

[Luminol]

Re: friend v hsbc

Ok thats good to know thank you

[Glenn UK]

FWIW

the claimant should IMHO issue proceedings in court and formally dispute the debt outstanding to hold off the proceedings.

If any of the charges are close to six years old as the time passes these will fall off the claim unless the claimant tries to argue about section 32 of limitations act.

whilst this might seem a long way off now there is no knowing exactly when things may get moving. court action stops the limitations act clock ticking, not much else does.

You could of course wait for them to enter a claim into court and then enter a counter claim although personally i would prefer to drive things myself and would enter my claim.

JMHO

Glenn

[jts]

Re: friend v hsbc

I have been helping a friend with a claim against hsbc
his last letter from them was june 2008, basically statung his claim which has not as yet issued a court action on the bank
the reply for a request and notice of intent to court to recover charges basically staes OFt V HSBC and others.... all on stay therefore you are on hold. even though he has not issued a court action
yesterday, he had been asked to replay a loan fron HSBC which he can not afford, and they are threatening court action against him to recover,
What is his best action now ?
should he proceed and ask for hardship case to be heard ?

He wrote to HSBC mentioning financial difficulties, and asked for his charges to be repaid because of hardship etc
He also asked for a copy of his signed agreement of the load the reply was"I note your request for a copy of the original contract by which the account is governed>I can confirm that when you opened your account, you signed the application form confirming your agreement to the terms and conditions of the account applicable at that time
I have enclosed a copy of our existing terms and conditions for your information. I would also respevtfully advise that a copy of the terms and conditions that were in place when you opened your account will have been provided at the time. I am unable to supply a copy of any terms and conditions prior to the ones currently in place"

The also have asked him to contacvt them to review his accoount which he has done to no avail

Letter received the week from metropolitian collection services Ltd
"YOUR account with HSBC
WE are dissapointed to note that we have been unable to come to an agreement to clear the outstanding balance on yiur account
you MUST telephone immediatly #####
If you do not contact us we intend to instruct DG solicitore to issue legal proceedings and apply for a charging iorder against your property


He is now almost out of his mind with worry...any suggestions or help very much needed
thanks on his behalf

[Amy]

Re: friend v hsbc

On what grounds would he consider himself a hardship claimant?

When he requested a copy of his agreement, did he do this by way of sending a formal CCA request and enclosing the £1 fee?

[jts]

Re: friend v hsbc

hardship as he is on short time, and cant make ends meet

no he didnt send £1

[natweststaffmember]

Re: friend v hsbc

There seems to be a crossover here in the claims so will try and untangle them.
(1) Bank Charges claim on hold:
Does your friend have priority debt arrears as well?(council tax, mortgage/rent, utilities)
He does have a threat on legal action(see HSBC above)
Has he targetted his letter on bank charges appropriately ie, specifics of FSA Waiver and the hardship area?
(2) Loan account and HSBC taking legal action.
Have you made a formal request for the CCA of the loan including the statutory £1?

[Amy]

Re: friend v hsbc

Does he meet any of the guidelines set out in post #3, below?

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