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I need some advice regarding my husbands bankruptcy
Comments
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Mike_St_Helens wrote: »Theres bound to be a T&C somewhere though that gets them out of this.
Ahh, great minds think alike!:TBCSC Member 70:j
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blind-as-a-bat wrote: »a bank cannot move any money from any account without permision
My point is that permission has obviously been granted to HSBC at some point when taking out the loan. i.e. in the terms and conditions of the loan.BCSC Member 70:j
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Guys im pretty sure the OR is correct here.
thats y i asked if said bank account was joint .with any joint debt if one half goes BR the other party is liable for the debt ,now correct me if im wrong but the amount is for charges for insufficant funds for the loan.Official DFW NERD 189
I may be a woman but dont hold it against me:D
Officially declared Br 6/11/06
Discharged Br 4/5/07 (6 months to the day)
BCSC MEMBER 210 -
blind-as-a-bat wrote: »yes i see what your saying but ill put it this way what if you moved banks (as most of us have he he) you must be able to cancel them in one bank then set them up in the other if you see what i mean thy cant just refuse
Clearly they can, because they have.
And I too have moved banks - I had no choice being bankrupt and all. Reason number 359 why I don't care if HSBC continue to bounce the SO and rack up charges.
Anyway, as GIS says, (now that I've reread the OP) the amount in question is for charges, not the actual loan itself. In which case the OR is probably right. Thanks GIS!BCSC Member 70:j
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The problem with this is...
The OP and hubby had joint bank account with p[resumably HSBC. Hubby then gets loan in his name only but has paymetns of the loan coming out of their joint account.
Prior to BR date, he contacts HSBC and asks them to cancel the DD as he is going BR... HSBC refuse to do this and then take the money regardless (still prior to BR...?) leaving the a/c now overdrawn...
Unfortunately, banks often do this.. when you have an account and a loan with them. In this case the OP inadvertently given her consent for the money to come from this bank account rather than one of his own.. The account now is in her name only , he has gone BR, so again, presumably the bank have taken his name of the now overdrawn account.. It is thereofre the OPs acocunt only... the debt (overdraft) accrued prior to BR as Im seeing it... If they took it our after BR, then the advice to speak to the OR is spot on.. if it happened before BR, then this is what I would suggest:
Write a letter of complaint to the bank stating that you wre in financial difficulties. That you phoned the bank asking them to cancel the DD but was refused. This refusal resulted in the account going overdrawn....
As the bank did nothing to assist you when you alerted them to the financial position you were in, you feel badly let down by the bank and have been put in an even worse financial position, which is against the principals of the banking code. As such, you would look to the bank to refund this money to put you back to the financial position you were in prior to this payment being deducted. Including remittance of all charges and interest.
The also threaten to take this matter to the Financial Services Ombudsman if the answer you receive from them is not satisfactory...
Good luck.Hi - im a member of the Debt Help UK FORUM...0 -
NekoZombie wrote: »Clearly they can, because they have.
Anyway, as GIS says, (now that I've reread the OP) the amount in question is for charges, not the actual loan itself. In which case the OR is probably right. Thanks GIS!
My eyes mustnt have been able to see it for the mist...0 -
gettingitsorted wrote: »Guys im pretty sure the OR is correct here.
thats y i asked if said bank account was joint .with any joint debt if one half goes BR the other party is liable for the debt ,now correct me if im wrong but the amount is for charges for insufficant funds for the loan.
Yes but it appears that the £267 debt was caused by HSBC taking money for her Husbands debt which she was not legally responsible for, and that it any case was already was no longer legally collectable since it was included in the BR.
We could argue this all day....Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Mike_St_Helens wrote: »My eyes mustnt have been able to see it for the mist...
i will let you off as your traumatised hunni
Official DFW NERD 189
I may be a woman but dont hold it against me:D
Officially declared Br 6/11/06
Discharged Br 4/5/07 (6 months to the day)
BCSC MEMBER 210 -
Yes but it appears that the £267 debt was caused by HSBC taking money for her Husbands debt which she was not legally responsible for, and that it any case was already was no longer legally collectable since it was included in the BR.
We could argue this all day....
Aye, that we could! An interesting conundrum...BCSC Member 70:j
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Mike_St_Helens wrote: »My eyes mustnt have been able to see it for the mist...
hehe, which mist is that? :rotfl:BCSC Member 70:j
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