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HSBC Unaffordable lending - Loan setup with NO affordability checks.

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  • siauk
    siauk Posts: 17 Forumite
    Second Anniversary 10 Posts
    They also sent letter. To the wrong addresses at least x3 times.

    They confirmed this when I explained that I had not heard from them for around a year and they had been sending final demand letters to the wrong addresses.

    So who know what else has been sent to other addresses.

    I've lived at the same address as the HSBC mortgage for 15 or more years....
  • siauk said:
    Yeah the divorce was finalised years ago.

    And yes HSBC told the solicitor that there was no ERC "See above for that  email highlighted in yellow"

    At one point HSBC added x2 ERC to the account days after all the legal stuff had gone through... When I called HSBC to ask what was going on not one knew. They just said don't worry we will sort it...




    OK, it was just a thought if the solicitor stuffed it up too you could try and get a bit of compo from them to soften the blow a bit.  Clearly that won't apply.

    One other thing, if you hold a current account with HSBC (or any HSBC group bank) that has money paid into it such as a salary or a savings account with a credit balance you'd be strongly advised to take those funds out and have your salary paid into a non-HSBC group account. It's highly likely at some point that they'll exercise the right of set-off and they'll help themselves to the funds.  Whilst they can't leave you with nothing to live on, they'll more than likely swipe as much they can and you'll be left to argue what you need with them. Better to avoid this situation entirely by taking any funds away from them before they try this.
  • siauk
    siauk Posts: 17 Forumite
    Second Anniversary 10 Posts
    Thanks yeah it is just my mortgage with them now, an a credit card that they frozen the interest and I am slowly paying off.
  • siauk said:
    Thanks yeah it is just my mortgage with them now, an a credit card that they frozen the interest and I am slowly paying off.
    It appears you've already been to the Ombudsman about the loan specifically?  https://www.financial-ombudsman.org.uk/files/228409/DRN9747748.pdf

    If that's not you it's eerily similar to what you've described.
  • siauk
    siauk Posts: 17 Forumite
    Second Anniversary 10 Posts
    Yep that's one of them. There were errors in some of the previous FOS notes as the case got passed to about x4 different case handlers they lost track of what the issues were.
  • siauk said:
    Yep that's one of them. There were errors in some of the previous FOS notes as the case got passed to about x4 different case handlers they lost track of what the issues were.
    It does seem to portray a slightly different series of events, in particular, that you were told the ERC would be charged on several occasions and just once (to the solicitor) they sent a letter saying it would not be charged.  It does rather seem like you've jumped on that one letter, to the exclusion of everything else.  It also seems a little odd that you couldn't afford to pay the ERC but were still pushing ahead with the mortgage?  Why would you do that if you knew you couldn't afford it?
  • siauk
    siauk Posts: 17 Forumite
    Second Anniversary 10 Posts
    The solicitor said that HSBC had waived the ERC and when I questioned it they sent me a copy of the email confirming this.

    So I just believed what HSBC and the solicitor said 🤷🏼‍♂️

    All the legal paper work & financial details came over and no ERC was included within that. So with them saying the above when I questioned it I just borrowed the amount they asked for...
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