help?! Advice needed

beadlebunny

HSBC and i have an ongoing complaint. I wrote to them and said, and i quote

'...and again request that you freeze my account, recall the debt from MCS and agree to come to an arrangement with me directly to pay the balance owed. I hereby enclose a payment of £20.00, and am offering to begin to pay off my debt at this same amount, payable weekly, directly to yourselves. When my financial circumstances improve I will of course increase the payment amount to you.

This is on the condition that all interest and charges are frozen on my account, and this action is backdated to the date of my original request to come to an arrangement with you; March 2006. Please note that by banking the enclosed payment you are agreeing to my terms of repayment, and also agreeing to refund interest and charges accrued since March 2006.'

They banked the payment, from my girlfriends account incidently, and now refuse to acknowledge this agreement - have i got a leg to stand on??


ANY help would be so greatly apreciated!!

Thanks

CLAPTON

i'm not a lawyer so this is only my understanding

a. no, your letter has no force in law; you need to write to them and get an actual specific reply before this could be considered legally binding.

b. even if you had a legal case how would you enforce it? what process would you use. the only cheap process i know of is the small claims court but i can't see this is appropiate. anything else would involve you in spending huge sums in legal costs.

move on

beadlebunny

hmmn i'm not so sure - i'll ring a debt advice line tomorrow but my understanding of it was that if they did not accept my terms then to send the cheque back and say no. the chq was from g/f's account with another bank..

i would 'move on' as you put it :rolleyes: but literally cannot afford more than £20 a week and if went to court that's all they'd get anyway.

CLAPTON

ok, as i said i'm not a lawyer. but if you know better then fine. hope it works out for you but my view is that this is not the legal position. also note my point about how you would enforce it.

whether or not you can only afford £20 per week is another matter which i have great sympathy but is different from the legal point i thought you were trying to make.

if you want advice about your debts and the range of issues arising, i would suggest you post an SoA and maybe people here will be able to help.

Emmzi

I agree with Claptoon. Just cos you say it don't make it so.

beadlebunny

well thanks guys - i didnt say it, i'm not a lawyer either, i thought it was possible but maybe i'm mistaken, i was asking what u peeps thought an if u ever came across something like this. never mind then eh. tata