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Hello I would really appreciate some advice concerning my situation
I have already posted another thread about a different issue, and again , I apologise if this is in the wrong place - I am not too good at internet stuff, and sorry if my post is long and rambling - It's because of my MH.
I haveproblem concerning HSBC / MKDP
I had a first direct bank account which I opened around 1997.A second account was opened some years later, I don't know when exactly.Both had £250 OD facility when they were initially opened.
The second account was being used to pay bills and mortgage and I was transferring a bit of money into it from the other account into which my disability benefits were being paid and which I used as my "main" bank account.Over time, the OD limits were increased, when the bank just wrote and told me.
I ran into some problems as my benefits were on manual payments and the woman doing them was bereaved and nobody covered her, so it was a few weeks before I realised.Meanwhile the second account went over the agreed limit and they wrote and said it had been reduced from £1000 to £500 and I had to pay it within one month.I struggled but managed to bring the OD down to under £500 from where it was nearly £1000 within one month as they asked.This was very difficult to do so I quickly ran into problems and kept getting charges added and not being able to find enough to pay the charges and to pay the amounts going out by DD as well as the other bills.
I told them I was struggling and they did stop for one month I think , but I still kept running into the same trouble with the bank charges.Sometimes it was over £100 per month in charges.I told them it was causing me hardship and they sent forms to fill in which I did not because they were at the time, too much for me to understand, and I felt that they knew I was on disability benefits and that I did not want to go into my private affairs with them.
I tried to claim back the charges, as I was on benefits and it went to the ombudsman, but I got a letter in August saying no.Meanwhile the second account was accruing interest and I asked them over the phone to stop charging interest but they did not.I was really pissed off.The interest kept piling on until I had gone over the limit again.
In September they wrote and said if I did not get in touch, they would withdraw all my banking facilities.They did not give a date by which they would do this and I was confused as to whether they could do this , my main account with them was not in arrears - it was OD, but within the £1000 limit that was still attached to that OD facility.
On 4th November 2010 they wrote to inform me that they had withdrawn all my banking facilities.This meant I had no bank account even though the other account had been fine and was within the limit.This caused me a lot of agro and I was really outraged that they could do this.My mental health was out the window by now and I was seeing a psychiatrist again.
They sent mea final demand on 14th November 2010 giving me 7 days to pay the full amount on the second account which was now £ 600+ and asked me to fill in a financial statement, but there was no statement with the letter and I had lost the previous form about financial means statement that I had been sent when I had tried to stop the bank charges.
I put in a request for a copy of the agreement, as I really did not remember agreeing that they can just pull my account like that when I was doing OK with that one.
I got the usual stuff about OD and the CCA and there not being regulated and not having to supply anything.
I put the account into dispute, complained and made a SAR around this point.
Debt Collectors started asking for the sum of £1450 under the account number of the first "MAIN" bank account which was doing fine until they added the other account (which was over the limit) to it and then, as a result, the first one was over the limit too.No reference was ever made to the second account which had been over the OD limit ever again, and both sums appear to have been amalgamated into and under the main account no.
I asked Metro to do a CCA request and got the same BS and some copy statements.I put the account into dispute and asked them t stop processing my data.
It wend the rounds of DG, Greens, Central, JMB, RMA, and probably a few others I have forgotten!Eventually I got a letter from MKDP saying they had boughtthe debt.
I got into a lengthy letter tennis situation with them, and Rapid Recoveries, in which I said I would only enter into payment negotiations with them, if they prove their absolute title by way of the Deed of Assignment.This went on for months.I told them to cease and desist.
They sent a Letter before claim from Keynes, and I replied and asked them to clarify and to address issues in my counterclaim against them.They ignored it and issued a claim from the bulk centre.I had by this time already made a CPR31.14 request, so when the claim for came, I acknowledged it and made another request.I did not know about strike out or stay at this stage, so I submitted a defence based on no compliance with CCA and no proof of title and listed many of the breaches of OFT guidelines and the CPR as well.I put in a counterclaim, based on charges I had levied, because of not letting me have site of the D of A.
At allocation, I was reading around and I put in a strike out application ordering disclosure of the documents mentioned in POC and highlighting the fact that MK had not complied with CPR although they were making a statement of truth that they had.
Meanwhile someone on another forum mentioned mental health and debt guidelines I downloaded and printed the evidence forms and my psychologist fills out the
A date was set, for a hearing, but I started to get really ill.The Court were not nice to my partner when he rang and they said they needed evidence.So we sent the court and MK the evidence from the MALG.
I reminded MK that litigation was only to be a last resort, and they had not done everything (like even respond to my requests to them that they provide proof).They then withdrew their claim before a new hearing was set for the strikeout.The judge ordered their claim dismissed and costs to be decided at the hearing for my counterclaim.
I had received nothing from MK as they never replied to the CPR request or submitted a defence to my counterclaim, s I made a complaint letter about failing to comply with court directives and orders being unfair and misleading etc.I asked them to outline the reasons for their defence as they were not acting with the overriding objective of the court or engaging in any efforts to try and settle. I addressed it as a formal complaint, but they ignored it.
I did not get MK's defence statement and with it a Witness statement form the legal department until 5 days before the case and I was up for hours and did not eat or sleep trying to read it all.
They had attached a photocopy of 2 pages of terms and conditions and on top of eah page is the number of my first bank accountthe one they put me overdrawn on and withdrew without telling me - only that account no.No name or anything, nothing about the interest rates.This was what they referred to as the account
The Deed of Assignment - they said there was not one, but there was a redacted sales agreement which was illegible and did not have my name on it and was not signed by the bank and contained no terms and conditions.
At court, the judge listened to my request to dismiss the witness statement, on grounds of it being not lay witness of fact, but opinion evidence from a legal expert, but denied it but said he would not put so much weight to it.I was totally proud of myself and wiped the floor with the little bimbo mk had sent.The judge was really on my side and picked holes in their defence.He denied my claim however on a technicality from Chitty on Contracts, but said I had raised serious and important issues so none of their costs, and in particular their request for costs in relations to my allegedly bringing a claim without merit, were awarded, and the judge ordered they pay my strike out application costs.I think the judge was brilliant.He commended my conducting myself very professionally.
I tried to give the Bimbo a letter for MK asking them one last time to provide proof of absolute title by way of a deed of assignment, mentioning the van lynn development s v pelias case and the Sebastian case about redacted sensitive details.She said to me "This will not go away".I said to her, "that's right , it will not go away, I will keep demanding that you provide proof of the contract and proof of your title"
The judge never said anything about my not being allowed to see the dee of A.He accepted that I had a valid contract and that they had accepted a term of offer regarding providing the Do f A.He totally supported my arguments about not buying a car without the log book or paying someone who says they are your new landlord without proof.
Anyways, I am really sorry about my rambling on.
MK have written today and they have added money to what they say I owe.What gives them the right to do this?I am sure they are not allowed to do this,Where is the contract that I have agreed to says they can do this?
Also the letter Is again just signed "MKDP".I know there is something in the CSA Code says they have to provide a name, and also they have done this before when I made them an offer to settle my counterclaim, they just sign it "MKDP", and they are aware that, because of my mental health they have been asked to communicate clearly.
I am going to carry on challenging this situation, but first I will give them seven more days to reply to my Formal Complaint, and then I go to the Ombudsman to address that issue.
It is such a relief to talk to someone about everything with these horrible nasty people.
Being mentally ill does not mean I am mad nor that I will just roll over and die
Anyway - what IS the situation reading what they have to supply on OD's - I know there are parts they are exempt from, but the Interest rate should be shown for sure, and surely something that actually shows my name not just a number??
What about their rights to just withdraw my banking?I did not get a default notice served on me about the account going overdrawn over the limit, just seven days final warning about the second account.I didn't get told when I needed to act to stop them withdrawing my account facilities.What about adding the two together?
What about these EU directives, at what point do they come into force and apply to OD's?
Finally, about the D of A.I really do not feel I should be forced to pay money to any organisation that cannot prove its title.There are so many mixed messages about Lord Denning's quote in the Van Lyn Developments v Pelias construction case.The judge did not think it was unreasonable.
I am sticking to my guns with them providing what they should provide under CCA and proving title, as otherwise, how do I know some other low life Debt bumwipe is not going to jump out of the woodwork and ask for money on the same account.
Again, sorry for the long post and thank you in advance if anyone is able to offer any advice.
