HSBC put all my debts down as "bank accounts"

[lionman]

Hi Guys

Looks like a good forum, I am new here :-)

To cut a long story short, we got into a mess a good few years ago, never looked into anything and went into a debt maanagement plan. We came to terms with it all recently and started to go through it all, finding invalid debts etc.

We are looking at the HSBC ones now which we think are supposed to have had a couple of bank accounts with, an overdraft, a credit card and a couple of loans. HSBC's collection service Mortimer Clarke/Marlin just keep telling us these are bank accounts?.

They tried to take us to court a while ago for one of the debts and we explained to the judge we had not received any information from them regarding the debt appart from it being a bank account and he threw it out.

They are still in our debt management plan and it feel's like we are banging our head against a brick wall as we keep asking the DCA and HSBC (including their director) for details on every single penny of what these debts are and why they have merged them all into banks accounts with no proof of anything and as of yet we have recieved..........nothing.

What should our next step be now?. Feel's like an Ant fighting David Haye in trying to get information, surely they are legally obliged to give us every detail they have on us including every penny detailed that they think we owe, and can they even merge loans, accounts, cards, overdrafts into a few bank accounts and call it a bank account debt?. Its even on our credit files as a debt detailed "bank acount" its a bit vague.

Sorry to ramble on, really hope someone can help

LionMan (-:
:beagles. You may find this amusing in the new Google instant search, I started typing HSBC are (to find details on legally obliged) and look what 5 suggestions come up if you just start typing "HSBC are" in Google now :-)

[CleverClogs]

Re: HSBC put all my debts down as "bank accounts"

We are looking at the HSBC ones now which we think are supposed to have had a couple of bank accounts with, an overdraft, a credit card and a couple of loans. HSBC's collection service Mortimer Clarke/Marlin just keep telling us these are bank accounts?.

They tried to take us to court a while ago for one of the debts and we explained to the judge we had not received any information from them regarding the debt appart from it being a bank account and he threw it out.

They are still in our debt management plan and it feel's like we are banging our head against a brick wall as we keep asking the DCA and HSBC (including their director) for details on every single penny of what these debts are and why they have merged them all into banks accounts with no proof of anything and as of yet we have recieved..........nothing.

What should our next step be now?. Feel's like an Ant fighting David Haye in trying to get information, surely they are legally obliged to give us every detail they have on us including every penny detailed that they think we owe, and can they even merge loans, accounts, cards, overdrafts into a few bank accounts and call it a bank account debt?. Its even on our credit files as a debt detailed "bank acount" its a bit vague.

At a guess, one might suppose that HSBC lacks even sufficient data to cobble together the gallimaufry that HH David Waksman QC would term a "reconstituted agreement", so they are trying to use section 74 (1)(b) of the Consumer Credit Act 1974 - link - to their advantage by pretending that all the accounts were overdrafts.

I suggest you send them a subject access request and, when they have not complied after the deadline has elapsed, take them to court seeking an order compelling them to comply.

[lionman]

Re: HSBC put all my debts down as "bank accounts"

thank you for the reply, what utter conning thieves they are. I will send them another SAR now recorded and see how I go. Surely they can't get away with doing this to people?.

What happens if they can not produce any information on what all these amounts are for?.

thanks again

[WendyB]

Re: HSBC put all my debts down as "bank accounts"

They must reply to the SAR, if they don't, then you can report them to the ICO or file a claim against them in court.Might be worth sending a SAR to the DCA too.

[lionman]

Re: HSBC put all my debts down as "bank accounts"

Thanks :-)

SAR just done, we have sent a SAR before but got a reply saying they are bank accounts and not covered under the consumer credit act even though we know they are loans and cards they have turned into bank accounts themselves, very dodgy indeed. the more I look into this the more dodgy their tactics seem.

[WendyB]

Re: HSBC put all my debts down as "bank accounts"

SAR is nothing to do with the consumer credit act, its to do with the Data Protection Act.Have you sent the correct letter? There is a SAR template on here in the templates section. They have 40 days to comply.

[CleverClogs]

Re: HSBC put all my debts down as "bank accounts"

Thank you - that was why I suggested an SAR might uncover a bit of the truth.

HSBC must really think they are super clever (and that the rest of the world is incredibly stupid) to have devised this obvious fiction that all four debts were overdrafts!

[WendyB]

Re: HSBC put all my debts down as "bank accounts"

There must be something wrong with your eyes, Clever Clogs, or maybe you are dyslexic? My name is Wendy.

[CleverClogs]

Re: HSBC put all my debts down as "bank accounts"

There must be something wrong with your eyes, Clever Clogs, or maybe you are dyslexic? My name is Wendy.

Sorry, Wendy.

[The Debt Star]

Re: HSBC put all my debts down as "bank accounts"

what utter conning thieves they are.

putting it mildly Lionman
Roaaaar!

[CleverClogs]

Re: HSBC put all my debts down as "bank accounts"

what utter conning thieves they are.

putting it mildly Lionman

They are also inept, as nobody in their right wits would believe all four debts were for overdrafts.

Roaaaar!

That reminds me of one of the attractions at the Royal Umpire Exhibition in the 1970s. When we attended, the "man eating lion" had taken a break, but the cage was still there, together with a stool in the centre surrounded by wrappers.

[lionman]

Re: HSBC put all my debts down as "bank accounts"

Hi guys

Today I have had a reply to my previous SAR's etc to the bank and to get to the point, HSBC have basicly said sorry, these are bank accounts and we sold them all in a portfolio to Phoenix (Tessera) and CL Finance limited. I have contacted these DCA's before and they have never been able to provide statements or anything for these accounts, this is like peeing into the wind.

This will also make you laugh, its not 4 bank accounts they reckon I have had at one HSBC branch as mentioned above but 7 .

I know these debts will contain charges, banks charges on charges, loans, possible ppi on loans (while I was self employed, told me I would only get a loan with it etc) but without proof what can I do?.

No one in history has probably had 7 current accounts with one local branch, I know they converted regulated credit agreements into current accounts but how do I get full evidence when no one will send me anything?. This is also all being paid still through a DMP and has been for a few years which in my mind makes it even more of a tangled mess.

thanks in advance :-)

[The Debt Star]

Re: HSBC put all my debts down as "bank accounts"

I had the same treatment from First Direct (which is HSBC). Credit cards, loans and a current account overdraft all lumped into one debt - my current account with them - when I entered a DMP 5 years ago.

The problem I now have is that the bank did not default - or at least I have no evidence of defaults - the credit cards, loans and o/d that I couldn't repay properly at the time. This has knock-on effects for credit reporting purposes, since no default means they can keep reporting on this "one" overdrawn current account indefiintely, 'til its paid in full by my 120th birthday.

What I'm getting at is: have you checked your credit files to see what is going on? There may a lot of 'nasties' lurking there that need to get sorted out.

[lionman]

Re: HSBC put all my debts down as "bank accounts"

Hi Debt Star

Yep I am in exactly the same position as you although I think I will be clear by my 97th Birthday ;-), its on my credit file as CL Bank (DCA is CL Finance ltd, I don't think legally they are a bank or legally allowed to call themsevles a bank unless it's HSBC?.

I will get their directors details and addresses and see if they are actually HSBC linked in someway (I am quite handy on a computer) HSBC said both DCA's are third parties, but when I ask the DCA's for any details they tell me they have asked HSBC for these but I never receive anything.

What is the next step now?. Am I legally entitled to know how much they sold all these "accounts for"? what can the financial ombudsman do? is it legal to convert credit agreements and all other sorts of debts into a current account and sell them to a DCA?.

Just about to get even more angry about banks and watch a DVD tonight called Inside Job Inside Job (2010) - IMDb

Thanks

[WendyB]

Re: HSBC put all my debts down as "bank accounts"

It doesn't matter whether they sold them to the Pope. A SAR is a request for ALL information they hold on you, not a letter to which they can reply in the manner that they have. ALL information means exactly that - everything that they hold on you -credit agreements, loan agreements, letters, records of phonecalls, statements, notes from you accounts - the lot. Maybe you should remind them of this and point out what a SAR under the DPA actually means, as they obviously don't seem to know. Address it to their Data Controller and tell them you will be reporting them to the ICO if they don't take action and comply with their legal obligations..