HSBC unenforceable but still pushing me

[Urbancolour]

Hello all

I have an outstanding matter with HSBC that is now at least 4 yrs old. The agreement has been deemed unenforceable buy the guys at the Consumer Action Group and the links to the same are below

http://i550.photobucket.com/albums/i...A/DSCF2320.jpg

http://i550.photobucket.com/albums/i...A/DSCF2318.jpg

http://i550.photobucket.com/albums/i...A/DSCF2319.jpg

http://i550.photobucket.com/albums/i...A/DSCF2321.jpg

HSBC have been able to provide nothing other than the usual photocopies to give evidence of a proper agreement. and I placed this account in dispute in 2008.

I am regularly getting demands from DG Solicitors and other debt companies such as Howard Cohen Solicitors with offers of early settlement or court action.

As far as I am concerned, an account in dispute should be passed to no outside company for collection.

HSBC are adding defaults to my credit file each month which I also believe they should not do while in dispute.

This situation seems to be at a stand off as I believe HSBC do not even have a copy of the original paperwork. Even though I have requested true copies under section 77/78 of consumer credit act.

I have been ignoring all letters as I see these as being scare tactics.

I did from the very start offer a full and final settlement with HSBC all ignored and I would consider this again, but why should I if they just keep adding to my credit file, the damage is done

But I am wondering what you guys think of it all

Thanks

[Never-In-Doubt]

Re: HSBC unenforceable but still pushing me

Hi & welcome

Well first off that agreement - sorry those terms are unenforceable so that's that side of things. Second point, how did you end up here from CAG? I thought CAG had blocked our domain from appearing (as their leader is very childish at times)?

However, do you have more debt or just this? if more, can you detail those as it helps. If just this and you're only getting threats then feel free to use our templates which will assist in fighting them off for 6yrs until Statute Barred occurs..... Its tough cos you're not saying what you want to do, ie do you want to settle or not?

As for defaults, no there should be one entry at the actual defaulted month but HSBC have a habit of adding one each month for about a year - easy to get removed from CRA as they can see it is an error, just write to the CRA's and explain the default occurred on X date so remove all duplicate default entries. If they refuse then complain to the ICO about both HSBC and the CRA and also complain about HSBC to the FOS which costs them £500.........

[Urbancolour]

Re: HSBC unenforceable but still pushing me

Thanks for your reply

I have just checked and I cam to you via a PM from 'Flowerchild'

In terms of other debt, In 2008 I had a couple of late payments on credit cards and fell into arrears with a couple of mortgages, these are all sorted now although still show on my credit file, other than that, no debt.

I did suggest to HSBC in the beginning that I would settle (I spent the money after all) But they ignored my many letters and pushed ahead with debt co's etc. So in retaliation, I went down the current route. I would still go down the option of F&F settlement, but with the defaults they have entered I am just as happy to let them rot.

I have just looked at my most recent credit file and it seems HSBC have just defaulted the account at date March 09.

[Never-In-Doubt]

Re: HSBC unenforceable but still pushing me

What is the balance on the account roughly?

[Urbancolour]

Re: HSBC unenforceable but still pushing me

£8,000

[CleverClogs (RIP)]

Re: HSBC unenforceable but still pushing me

In terms of other debt, In 2008 I had a couple of late payments on credit cards and fell into arrears with a couple of mortgages, these are all sorted now although still show on my credit file, other than that, no debt.

Apart from a couple of mortgages, you're not in debt to anyone?

I did suggest to HSBC in the beginning that I would settle (I spent the money after all) But they ignored my many letters and pushed ahead with debt co's etc. So in retaliation, I went down the current route. I would still go down the option of F&F settlement, but with the defaults they have entered I am just as happy to let them rot.

If they were to apologise nicely, would you reinstate them in your monthly draw of creditors to be paid?

[Urbancolour]

Re: HSBC unenforceable but still pushing me

Apart from a couple of mortgages, you're not in debt to anyone?



If they were to apologise nicely, would you reinstate them in your monthly draw of creditors to be paid?

Don't get you

And yes I know I owe no one

[CleverClogs (RIP)]

Re: HSBC unenforceable but still pushing me

And yes I know I owe no one

Other than your mortgage providers.

[Never-In-Doubt]

Re: HSBC unenforceable but still pushing me

Ok, Urban - do you still have any mortgages as things stand or are they old, ie gone?

Reason we ask, HSBC could try and secure things with CCJ/CO so it restricts things, CC isn't having a go - we don't have a go at debtors here - we try and help - he's just pointing out that if you have a mortgage (or 2) you are in debt lol. Debt isn't arrears, debt is total liability/borrowings.....

[Never-In-Doubt]

Re: HSBC unenforceable but still pushing me

Good grief! No wonder I got banned!!!

What, for sending someone in debt to us? Marc Gander and CAG need showing up for their true colours - they're bang out of order.

[Urbancolour]

Re: HSBC unenforceable but still pushing me

Sorry guys I didnt think clever was having a go, I just didnt understand what he was saying

Thanks Flower for bringing here :-)

Yes Cool, the mortgages are still in force. Can you just clarify for me, In your first post you say 'sorry terms are unenforceable' why sorry, or did you mean that they are enforceable?

Thanks again

[pompeyfaith]

Re: HSBC unenforceable but still pushing me

Thanks for your reply

I have just checked and I cam to you via a PM from 'Flowerchild'

In terms of other debt, In 2008 I had a couple of late payments on credit cards and fell into arrears with a couple of mortgages, these are all sorted now although still show on my credit file, other than that, no debt.

I did suggest to HSBC in the beginning that I would settle (I spent the money after all) But they ignored my many letters and pushed ahead with debt co's etc. So in retaliation, I went down the current route. I would still go down the option of F&F settlement, but with the defaults they have entered I am just as happy to let them rot.

I have just looked at my most recent credit file and it seems HSBC have just defaulted the account at date March 09.

How did a child manage to bypass security and get on this forum and more importantly how did they manage to front niddy and gain mod status

[Never-In-Doubt]

Re: HSBC unenforceable but still pushing me

How did a child manage to bypass security and get on this forum and more importantly how did they manage to front niddy and gain mod status

On CAG she's flowerchild, on here she's got the power

[pompeyfaith]

Re: HSBC unenforceable but still pushing me

Urban,

Yes Clevercloggs will confuse you with some of his posts he did me at first, but that is just his nature and he does mean well as you will see.

He is also very knowledgeable

Glad you have found us as this forum is like no other and every post does get answered which is so important to those in debt.

[Never-In-Doubt]

Re: HSBC unenforceable but still pushing me

Yes Cool, the mortgages are still in force. Can you just clarify for me, In your first post you say 'sorry terms are unenforceable' why sorry, or did you mean that they are enforceable?

Thanks again

Right so as you have mortgages the best thing here would not to mess about, can you start again using our processes and see what that does? Happy to try us...?

if so, can you clarify who owns the debt, is it HSBC writing to you or a debt collector, if the latter please name them.

Thanks