Mortgage and default help needed!

never-in-doubt

roadpig wrote: »

Today I received the CCA as requested. It was sent by Metropolitan collection services as opposed to DG solicitors which I find quite odd? (see above).

Metro will be the assignees and DG will be acting for them, this is normal.

roadpig wrote: »

Had a quick check over using NID's checker and it appears to be enforcable:(.

Oooer, HSBC are actually one of the best at issuing CCA's because of the way they are formatted and link from page 1 to page XX

roadpig wrote: »

However not sure on the 'does the agreement link to the prescribed terms and the terms and conditions' bit? can anyone offer clairity on this please?

On the page (page 1/2) it will show all the loan details and be signed by you and the lender, this page must link to terms and is usually by where you sign in the form of wording along the lines of "only sign if you agree to be bound by the terms and conditions set out below" - for example.

roadpig wrote: »

does this simply mean does the agreement mention the terms and conditions etc.

See above

roadpig wrote: »

Also, the lenders signature is present but is somewhat disguised by a HSBC stamp- would that have any bearing or is that just me clutching at straws?ha

Clutching at straws....

roadpig wrote: »

No sign of the default notice though. I think the crafty beggers have tried to bamboozle me with an obscure print out of what I think is an itemised log of the loan payments made with a red heading formal demand and subsequent payments. What now? do a re-request the default notice?

Send this: Request copy of Default Notice - Formal Demand

roadpig wrote: »

Regretting being so blase about this now but guess thats just natural. I am totally fine about paying the loan off afterall it is my obligation, I just want this default taking off!!

Roadpig:)

You'll struggle but it can be done, just see what develops in the meantime

roadpig

Hello!

Im still on with DG solicitors regarding the default removal im afraid.

Iv been abroad for a large part of the last year or so - hence the lack of dialogue on this thread. That said, I have made some progress in the last few weeks.

I telephoned DG (I know...) on my return and spoke to someone who was surprisingly useful- they basically admitted that they couldnt produce a default notice. I obviously asked for this in writing with a view to remove the default imminently, she advised me she was unable to as she was working in a call centre and didnt have the authority to do this. She then offered me a sizable discount on the remaining balance.

I would like to send them a letter to force this matter once and for all.

The above link does not appear to work anymore, can anyone point me in the direction of a suitable letter which i can modify?

Without getting carried away, if they do remove the default as a result of missing paperwork, how will that affect the repayments that I am making currently?

Thanks in advance guys.

roadpig

Hi,

It’s been a while since I originally started this thread. I have since mylast post ascertained the DG solicitors cannot issue me with a original proofof default (in writing). However, nowhere in the letter does it advise me ofany impending removal despite it been the last warning (from me) to comply withmy 'demands'.

I have £1600ish outstanding on the balance of the defaulted account which iam in a position to pay off immediately. I am reluctant to do so because i wantthe default removing indefinitely and without trace. Do you think they will doso (as is their duty as there is no proof of a notice been sent) if I writedirect? Also, a portion of the £1600 is made up of bank charges as a result ofthe original account been in dispute- should I attempt to claim or ask for theseto be deducted as part of an agreement?

Any advice greatly received.

roadpig

Bump bump bump

roadpig

Hello,

Update;

I have received confirmation from DG solicitors that they are unable to provide a copy of my default and have instructed me to write to HSBC direct (have done this many times- they simply refer me back to DG!) having sent the formal demand letter.

Ten days after this letter, they have sent me a request to pay the amount in full but strangely offer me a reduced settlement?

Advise please!:think:

Many thanks,