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  • PriorityOne
    replied
    Re: HSBC combined debt

    Originally posted by Never-In-Doubt View Post
    Yea but where they use codes they MUST supply a supplementary definition sheet

    However it was based around the amalgamation from regulated to non regulated that held you the most regard. ie you had em by the balls
    They might have included it in with the SAR.... can't remember.... but it took bloody ages to plough through everything because there were three accounts going back some time.

    I do remember they fecking hated me though. They tried all kinds of sneaky manoeuvres to get me on the phone to discuss it but I kept telling them to p*ss off. As you do.... lol!

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: HSBC combined debt

    Yea but where they use codes they MUST supply a supplementary definition sheet

    However it was based around the amalgamation from regulated to non regulated that held you the most regard. ie you had em by the balls

    Leave a comment:


  • PriorityOne
    replied
    Re: HSBC combined debt

    Originally posted by Never-In-Doubt View Post
    Just a point of clarity - the actual account number matters little no matter how strong an argument you think it is. You have to concentrate on getting SAR then we can take it a step further.

    It's easy to resolve (well kinda) but you need to get the data (SAR) first or its all "what if's".....
    Yes.... agreed. In my case, I signed no new agreements EVER, so there was no authority for the OC to amalgamate. The fact that the cheeky bar stewards chose my current account to amalgamate it all into was a p*ss-take of the highest order but all of this was evident in the SAR info. A lot of this info. was coded though, so you may really need to plough through it.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: HSBC combined debt

    Action plan -

    1. Get SAR
    2. Speak to p1 and follow suit
    3. Relax

    How hard is that?

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: HSBC combined debt

    Just a point of clarity - the actual account number matters little no matter how strong an argument you think it is. You have to concentrate on getting SAR then we can take it a step further.

    It's easy to resolve (well kinda) but you need to get the data (SAR) first or its all "what if's".....

    Leave a comment:


  • PriorityOne
    replied
    Re: HSBC combined debt

    Originally posted by Rascaljesse View Post
    Thanks for that, at present I only know that the dca has asked for an inflated amount with a different reference/account number and stated that it is unregulated!
    Can I ask if when the dca contacted you, they initially quoted your original account number or did they use a new one (ie) one from dg (in house chaps)
    Thanks again
    The DCA had a completely different ref. no but used a client ref. no..... which was my current account no. On the face of it, it looked like it was an in-house assignment but after combing through the SAR info. from the OC, it became clear that several accounts had been sold, so the "client" ref. no. was a red herring as far as I was concerned.

    Don't take any notice of what a DCA tells you..... they need to back up any claims they make in writing.
    Last edited by PriorityOne; 10 April 2013, 21:36.

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  • Rascaljesse
    replied
    Re: HSBC combined debt

    Thanks for that, at present I only know that the dca has asked for an inflated amount with a different reference/account number and stated that it is unregulated!
    Can I ask if when the dca contacted you, they initially quoted your original account number or did they use a new one (ie) one from dg (in house chaps)
    Thanks again

    Leave a comment:


  • PriorityOne
    replied
    Re: HSBC combined debt

    Ok... I've gone through my paperwork and found it. The OC in question had amalgamated a credit card balance and a flexi-loan balance with the small overdraft balance on my current account.... and then sold the whole lot to an external DCA under that current account reference number. As I had not signed any documentation authorising them to do this, the whole thing was challenged under CCA 1974; s82(2)/(3) as follows:

    82 (2) Where an agreement (a "modifying agreement") varies or supplements an earlier agreement, the modifying agreement shall for the purposes of this At be treated as:-

    a) revoking the earlier agreement and

    b) containing provisions reproducing the combined effect of the two agreements, and obligations outstanding in relation to the earlier agreement shall accordingly be treated as outstanding instead in relation to the modifying agreement.

    (3) If the earlier agreement is a regulated agreement but (apart from this subsection) the modifying agreement is for running account credit, it shall be treated as a regulated agreement.


    Not heard a peep out of anyone for 5 and half years now....
    Last edited by PriorityOne; 10 April 2013, 21:17.

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  • PriorityOne
    replied
    Re: HSBC combined debt

    Originally posted by planB View Post
    This would be really good news for me and really bad news for Marlin if I can substantiate it

    Would Paul gives us his view because it would be nice to establish the legal bottom line on these combined accounts
    I will dig through my paperwork on this tomorrow.... PROMISE!!

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: HSBC combined debt

    Originally posted by planB View Post
    Me and 2.5 million M & S credit card account holders
    Just referred one to Paul about ten mins back....

    Leave a comment:


  • PlanB
    replied
    Re: HSBC combined debt

    Originally posted by Never-In-Doubt View Post
    Your bestest mate eh
    Me and 2.5 million M & S credit card account holders

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: HSBC combined debt

    Originally posted by planB View Post
    No doubt DJ Henrietta Manners would find a way
    Your bestest mate eh

    Leave a comment:


  • PlanB
    replied
    Re: HSBC combined debt

    Originally posted by Rascaljesse View Post
    ......I know
    Was kind of hoping they wouldn't notice, based on the combined account thing!!!!
    I think I should change my user name to ' straw clutcher'

    But you're clutching at the right straw if an assignment is void due to *combining* before it's sold on. I expect it will have something to do with the order of events with DNs and termination procedures

    I'm interested because I don't see how a DJ can give me a CCJ on a debt when 90% of it (the claim) is UE and 10% is enforceable. No doubt DJ Henrietta Manners would find a way

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: HSBC combined debt

    You want Pauls view? I'll ask him

    Leave a comment:


  • Rascaljesse
    replied
    Re: HSBC combined debt

    ......I know
    Was kind of hoping they wouldn't notice, based on the combined account thing!!!!
    I think I should change my user name to ' straw clutcher'

    Leave a comment:

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