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    Hi nid and eve1 im looking for some help please.
    I took out cc with hsbc in dec 06
    2000 credit limit apr 19.9% apr now 29.9%
    Last 3 yrs paying min payment wrong i know no but i thought at least i am paying lol.
    Now on benefits i have been struggling to make these payments.
    I contacted hsbc for any help. they refused.
    So i then read abit about the unforceability and thought i would try going down that route.
    I requested my cca they sent me back pages i dont understand.
    It has my signature on 1 page yet somethings like late payment fees ect seem strange.
    So i then sent them letter requesting a true copy.
    They have sent me a letter saying
    they av complied with sec 78. With regards closing acount unforceability does not apply.

    For the purpose of sec 61 both sig page and original terms should be read as one page.
    the sec63 which been provided is sufficent.
    The banks final position.
    Is this the end because im really unsure what i should do next.
    I want to pay yet neded some help with the interest charges now Im struggling to manage min payment not paid anything for 3mths really scared.
    Sorry post is long any help would be appreciated.
    Thank You all

  • #2
    Re: Help with Unenforceability

    Hi jojogogo

    Could you scan the cca they sent you and email it to Niddy? Don't forget to put your user name in the subject line as he gets tons of emails. He'll look at it when he gets the chance but don't worry if you don't hear anything for a few days.
    Let your smile change the world but don't let the world change your smile


    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Help with Unenforceability

      Thank you pixiechick do i scan all the 6 papers.I will try thanks for you help av a nice day.
      jo

      Comment


      • #4
        Re: Help with Unenforceability

        Email me never-in-doubt@live.co.uk

        However I'd not ruin my credit file for one account, go into branch and ask about a HSBC managed loan. They basically remove all your credit and pay it offwith one loan at a very cheap apr. Then once the loan is paid, you can reapply for your credit.

        It's good cos they settle all your accounts with the cra's and create a new loan account so it looks good for you and preserves your credit record.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #5
          Re: Help with Unenforceability

          Originally posted by Never-In-Doubt
          Email me never-in-doubt@live.co.uk

          However I'd not ruin my credit file for one account, go into branch and ask about a HSBC managed loan. They basically remove all your credit and pay it offwith one loan at a very cheap apr. Then once the loan is paid, you can reapply for your credit.

          It's good cos they settle all your accounts with the cra's and create a new loan account so it looks good for you and preserves your credit record.
          That's why you're the top dog on this site - you know everything!!! ;-y
          Let your smile change the world but don't let the world change your smile


          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • #6
            Re: Help with Unenforceability

            Originally posted by pixiechick
            That's why you're the top dog on this site - you know everything!!! ;-y
            Aaaaw how nice - a compliment from Pixie :xmas6 :xmas6
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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            • #7
              Re: Help with Unenforceability

              ;D Thanks NID and pixiechick for your help but ive sent the e-mail to the wrong addy sorry. i sent it to your we addy.
              Shall i send again to your live.co.uk please.
              New i would get something wrong ;Red.
              jo av gud day

              Comment


              • #8
                Re: Help with Unenforceability

                Originally posted by jojogogo
                ;D Thanks NID and pixiechick for your help but ive sent the e-mail to the wrong addy sorry. i sent it to your we addy.
                Shall i send again to your live.co.uk please.
                New i would get something wrong ;Red.
                jo av gud day
                Hiya

                This is unfortunately enforceable - all the prescribed terms are there, linked to the pages by order of page 1 of 4, page 2 of 4 etc etc..... you really should consider requesting a managed loan from in branch - say to them that you will stop paying the repayments on the card unless they help as you cannot afford it - do it IN BRANCH...... some managed loans are 0% apr for a year or longer in some cases, they are designed to help you and to help the bank recoup its losses.....
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                • #9
                  Hi reply

                  Hi NID sorry for me replying to your post late ;K7 .
                  Unfortunately i have been turned down by the bank, they say my credit score lol.
                  Its better today than 4yrs ago when they gave me c card lol.
                  Yes im disabled and not a homeowner yet paid them min payment every month on time ect and all other debt.
                  I have received my default date now unsure what to do yet feel my circumstances arnt going to change over the next 6yrs un less ms goes lol, so i feel there loss.
                  Please can you help?
                  If i do default once it gone to county court will the interest stop pls ;K7
                  .
                  Thank Youuuuu so much for your help.
                  jo x

                  Comment


                  • #10
                    Re: Hi reply

                    Originally posted by jojogogo
                    Hi NID sorry for me replying to your post late ;K7 .
                    Unfortunately i have been turned down by the bank, they say my credit score lol.
                    Its better today than 4yrs ago when they gave me c card lol.
                    Yes im disabled and not a homeowner yet paid them min payment every month on time ect and all other debt.
                    I have received my default date now unsure what to do yet feel my circumstances arnt going to change over the next 6yrs un less ms goes lol, so i feel there loss.
                    Please can you help?
                    If i do default once it gone to county court will the interest stop pls ;K7
                    .
                    Thank Youuuuu so much for your help.
                    jo x
                    Did you tell them it was to pay their own debt off otherwise you're going on a dmp and they will get bugger all? You should have argued that, if anything appeal - and say that, so they know you're serious! lol.
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #11
                      thanks

                      ;Hi Thanx nid and all. I rang the bank this evening and i was told if i call back tom with soa they will do a credit check and if all okay they will arrange a managed loan.
                      So im going to call back tom but unsure about credit check ;Hmm i feel the unemployd bit and homeowner lets me down, so im a bit unsure really if to go ahead.
                      I also rang cccs they also said once ive given them my soa they will let me know what the best course of action is needed and not to worry about the default.
                      Ill keep you updated once again thanks x jo

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                      • #12
                        Re: thanks

                        Hiya

                        They should be performing an internal check, like based on recent CRA feeds with an extra CallCredit search so you may pass that ok - basically a managed loan is not your typical sort of high street loan, it is unique to HSBC whereby they would rather you pay them back as opposed to doing a runner so they offer this facility to recoup their own possible losses. A credit score would be irrelevant cos usually you'd be behind with HSBC repayments somewhere along the lines, prior to being accepted.

                        If they refuse then request a callback from an underwriter and explain slowly to them (they will be Indian unless you have HSBC Advance) that unless they agree to a managed loan then you'll default with all payments cos you simply cannot afford them - they should then sort you a loan, but bear in mind it will only be to pay off their own debts (albeit at a much better rate) meaning one monthly payment, instead of several.

                        Keep us updated and best of luck, remember to make your outgoings on Statement of Affairs add up to allow you enough to repay the managed loan but short to pay all your debts.....
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment

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