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Conned by HSBC can't find anyone else with the same story

MrKIernan
MrKIernan Posts: 25 Forumite
Hi all first post. Please be kind.

I took a loan out for 3k with HSBC on 20th may 2007,
I made a few payments them defaulted due to losing my home and job. And i CANCELLED THE DIECT DEBIT Been roaming around for 3/4 years on and off and finally met some and settled down and bought a house.

More than six years on I have received a letter from mkdp llp. They are saying I owe HSBC 3.5k.

I called them to say that the debt is statute barred. But they told me that on a technicality, it is not.

They told me what HSBC have done is paid the loan, each month from HSBC current account (causing it go overdrawn by 3.5k) Which paid the loan off in December 2012, which means the debt is now for the overdrawn amount and not the original loan.

Can HSBC do this? I know that if I had 4k in my bank account HSBC are allowed to take it to cover the outstanding loan, but have acted deceitfully by doing this ?

Where do I stand now as regards to the debt be statute barred?
«1345

Comments

  • dealer_wins
    dealer_wins Posts: 7,334 Forumite
    I am personally surprised HSBC havnt sent you a cheque for £10000 as well as writing off your loan.

    The barstewards!!
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    MrKIernan wrote: »
    Hi all first post. Please be kind.

    I took a loan out for 3k with HSBC on 20th may 2007,
    I made a few payments them defaulted due to losing my home and job. And i CANCELLED THE DIECT DEBIT Been roaming around for 3/4 years on and off and finally met some and settled down and bought a house.

    More than six years on I have received a letter from mkdp llp. They are saying I owe HSBC 3.5k.

    I called them to say that the debt is statute barred. But they told me that on a technicality, it is not.

    They told me what HSBC have done is paid the loan, each month from HSBC current account (causing it go overdrawn by 3.5k) Which paid the loan off in December 2012, which means the debt is now for the overdrawn amount and not the original loan.

    Can HSBC do this? I know that if I had 4k in my bank account HSBC are allowed to take it to cover the outstanding loan, but have acted deceitfully by doing this ?

    Where do I stand now as regards to the debt be statute barred?

    I don't know the legal answer to your question but using inappropriate words in the title like 'conned' will cause many people to skip your post.
  • Caz3121
    Caz3121 Posts: 15,874 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    MrKIernan wrote: »
    I took a loan out for 3k with HSBC on 20th may 2007,
    I made a few payments them defaulted due to losing my home and job. And i CANCELLED THE DIECT DEBIT

    More than six years on I have received a letter from mkdp llp.

    How many payments? if for example you made 3 monthly payments then you would have made the last payment less than 6 years ago
  • MrKIernan
    MrKIernan Posts: 25 Forumite
    CLAPTON wrote: »
    I don't know the legal answer to your question but using inappropriate words in the title like 'conned' will cause many people to skip your post.

    I don't understand??

    Plus yes it coming up to statute barred I haven't acknowledged the debt "in writing" what I mean is they can't start legal proceedings I e ccj from the 20th of this month

    I kno in a normal circumstance it runs from the last time you made a payment but because HSBC have effectively been paying it from a unclouded current accout they are saying my last payment was technically December 2012.
  • JuicyJesus
    JuicyJesus Posts: 3,832 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Caz3121 wrote: »
    How many payments? if for example you made 3 monthly payments then you would have made the last payment less than 6 years ago

    The funds were debited from his current account, which then became overdrawn. So technically, he had been making payments, if only from the bank's own money.
    urs sinserly,
    ~~joosy jeezus~~
  • MrKIernan
    MrKIernan Posts: 25 Forumite
    I am personally surprised HSBC havnt sent you a cheque for £10000 as well as writing off your loan.

    The barstewards!!

    I don't understand...is this some form of sarcasm?
  • MrKIernan
    MrKIernan Posts: 25 Forumite
    JuicyJesus wrote: »
    The funds were debited from his current account, which then became overdrawn. So technically, he had been making payments, if only from the bank's own money.

    But I cancelled the direct debit...they set it up again without my knowledge ...
  • MrKIernan
    MrKIernan Posts: 25 Forumite
    Thought I'd come on here to get some help what a waste of time that was. Just sarcasm and the like
  • Daedalus
    Daedalus Posts: 4,253 Forumite
    Can you prove you requested cancellation of direct debit?
  • zaksmum
    zaksmum Posts: 5,529 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Are you saying you do actually still owe them this money?
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