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

jacques_chirac

MrKIernan wrote: »

But I cancelled the direct debit...they set it up again without my knowledge ...

Did you ever tell HSBC that they were not authorised to take payments from that account? If not, it seems quite right that they continue to do so - after all, that is what you agreed to.

MrKIernan

Ye I do , but what I'm saying is they from the 20th of this month they shouldn't be able to start legal proceedings in court as a ccj ...,

And I can pay them then what I can afford each month.

Either that or pay them a pound a week through cccs

MrKIernan

1000 of the 3k is made up of ppi which was added to the loan amount at the start of loan. Should I claim it back?

jacques_chirac

MrKIernan wrote: »

Ye I do , but what I'm saying is they from the 20th of this month they shouldn't be able to start legal proceedings in court as a ccj ...,

And I can pay them then what I can afford each month.

Either that or pay them a pound a week through cccs

So rather than asking how to avoid your debts on here, why have you not called them to make a payment arrangement?

MrKIernan wrote: »

1000 of the 3k is made up of poi which was added to the loan amount at the start of loan. Should I claim it back?

You may have a claim for front loaded PPI. Any successful claim will be offset against your outstanding debt.

Daedalus

Check the small print, I imagine there is something about linked accounts not needing a direct debit in cases of defaults.

MrKIernan

Ye I cancelled the direct debit which is an instruction to the bank that I'm cancelling the direct debit- not an invite to set it up again, if they can set it up with out my knowledge why sign a dd mandate in the first place ?

MrKIernan

I'm not asking how to avoid the debt... Maybe I should have been more clear... They say I have 21 days to pay the outstanding amount or they will issue legal proceedings through the courts....

cattie

I was always under the impression that it's only the person who initially set up the dd can cancel it. Was this you, or as would be more usual when taking a loan or anything similar, the bank who actually set it up? I know you say you signed it, but this doesn't mean you were the originator of the dd.

gotmurked

It is possible that this was not a proper reinstatement of a direct debit, they likely used their rights of 'offset' each month once you had started to be in arrears on the account. Possibly sneaky, but at their discretion they allowed your old current account to go overdrawn for this, something which is also in their T&Cs (that any payment request over your credit balance is at their discretion and if authorised will be subject to an informal overdraft fee).

This is purely my view, but I feel that by them allowing offset payments, you have been continually paying the original loan (though constantly in arrears and subject to additional over limit charges) up until the date you mentioned in December '12. If you had officially closed down the current account, and could produce documentation confirming this, they would not have been able to force your account to keep paying this loan.

jacques_chirac

MrKIernan wrote: »

Ye I cancelled the direct debit which is an instruction to the bank that I'm cancelling the direct debit- not an invite to set it up again, if they can set it up with out my knowledge why sign a dd mandate in the first place ?

The dept that runs your bank account and the one that runs your loan are entirely separate - you should have told the loan dept that you were in difficulty and made suitable arrangements to pay.

MrKIernan wrote: »

I'm not asking how to avoid the debt... Maybe I should have been more clear... They say I have 21 days to pay the outstanding amount or they will issue legal proceedings through the courts....

In trying to claim the debt is statute barred, you are trying to avoid it on a technicality. Unfortunately for you HSBC also played on a technicality which overrode yours.