HELP- Lost Final Appeal with FOS

MAW2012

Hi All
I'm a new to this so apologies if not expained clearly.
Any advice and help on what I should do now would be much appreciated.
I was informed that I had lost my final appeal with FOS against HSBC(Credit Card), the FOS ruled in favor of HSBC to allow them to continue with legal proceedings. I have since recieved a pack from DG Solicitors which contained a Letter of Consent(Admit the sum claimed and agree to withdraw my defence and have a Judgement against me) and a Offer of Repayment Form(to be reviewed six months with a view to an upwards review only)!! I need to send confirmation by this Friday 11th May.
I have spoken to CCJ Centre in Northampton and they informed me that the CCJ is Stayed because HSBC did not acknowledge my defence (which I Summitted last year May) and that HSBC will have to submit a new claim, has anyone been in this situation?
Considering making a complaint against FOS, is it worth even bothering?

Thanks in Advance

InsideInsurance

You kind of need to give more background.

What was your complaint to the FOS about? Why did the FOS rule against you? What have HSBC issued proceedings over? etc

blacksta

waitiiiiiiiiinnngg................

MAW2012

Hi

Sorry for the delay but just go back to my PC.
My complaint was that HSBC did not respond to my writtern requests for a CCA back in 2010 for a credit card.I complained to the FOS and at the point HSBC decided that they would send me the CCA

Why did the FOS rule against you?
FOS stated that HSBC that followed the correct
Procdure in responding to my requests for CCA eventhough I sent the letters to FOS which were sent by Recorded Delivery showing that I originally requested the CCA back in 2010.
What have HSBC issued proceedings over?
HSBC issued CCJ to recover the full outstanding amount plus court costs. HSBC actually issued the CCJ while FOS were investigating my complaint

Hope this helps? if you need anymore info let me know

InsideInsurance

What do you mean CCA? I am guessing that you were asking for a copy of your Credit Agreement with the hope of claiming it is unenforceable because of missing terms etc?

What would your second complaint be to the FOS? Have you exhausted HSBC's complaint process for this new complaint yet?

Assuming you are wanting to avoid paying back your debts on a technicality it is simply a waiting game and deal with the courts as and when the creditors attempt a recovery at which point you file your defense each time.

SnowTiger

MAW2012 wrote: »

Considering making a complaint against FOS, is it worth even bothering?

Maybe not. It won't get your original complaint against HSBC looked at again, see http://www.financial-ombudsman.org.uk/faq/answers/complaints_a12.html. The only way that's going to happen is by a court, which is where you seem to be heading.

What's the real issue?

Is it that you believe you don't owe HBSC what they claim? If so, resubmit your defence and see what happens. You seem to have gone to a lot of trouble to get a copy of your CCA, so presumably there's something in it to support your defence.

Or are you looking for a loophole that will allow you to get out of paying?

MAW2012

Hi Thanks for your reply
Yes I meant the Credit Agreement, i was paying the credit card monthly through CapQuestin 2009 . Early 2010 CapQuest stopped taken payments, I call them and they were very vague about it and just told me that I should write to HSBC for an explaination which I did but recieved no respond, so I sent a request for the CA.
Do you think that I should respond to DG Solicitors as I need to send confirmation by this Friday 11th May regarding the Letter of Consent(Admit the sum claimed and agree to withdraw my defence and have a Judgement against me) and a Offer of Repayment Form(to be reviewed six months with a view to an upwards review only)?

I don't know if its worth a complaint about FOS as I've been told that the reason why I lost my appeals with the FOS Adjudators is that i have no defence as HSBC evenually sent me with my request.

Thanks

MAW2012

Thanks for your reply Snowtiger

I'm hoping not to get a CCJ issued against me, so if I have to come to some payment agreement to ensure that I don't the CCJ issued then I have no problem in doing that.
My concern if I make an agreement with DG Solicitors they may still and try proceed with the CCJ eventhough it is currently Stayed.
Do you know how long it would take for them to set-up a new CCJ?

chanz4

Sounds like your getting a ccj if you like it or not either way, at the end of the day as long as they have sent the cca and even the fos agrees you dont have a leg to stand on