CCA them asap. This will at least give you a starting point. You need to
find out if you were jointly or severally liable for the debt. The CCA
should tell you. Do not talk to them on the phone under any circumstances,
deal only in writing.
Thread: HSBC Joint Loan Issue can this be written off  |
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Started 2 months ago by matt_harw
Hi will go through the back ground and then get to the main question any help would be grateful
I have a joint loan with another party (we are no longer in contact in fact the other party may have left the country) this was taken out in feb 04 at the time I was going through a very rough time in my life I'd been medical discharged from the Army, At the time of discharge they said basically ...
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DeRichleau replied 2 months ago
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matt_harw replied 2 months ago
Hi thanks for the swift reply its a joint loan so we would be jointly Liable, However surely the fact they have sold the loan to an alias (not there legal name) and myself and the PPI is only protecting one of us which was the party using the alias this invalidates the credit agreement.
I'm going to CCA them but who should I send it to the dept collection people or HSBC
thanks in advance...
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cerberusalert replied 2 months ago
Send it to the debt collector . Debt collection library Follow this link to our debt collection library.
This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly.
This library is work in progress and will be built up over the next few weeks.
17.03.09 gal_...
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matt_harw replied 2 months ago
having read the CCA template I already have a copy (I think) signed by
myself and the other party but like I say they used there alias which was
used through the whole loan application and not there true legal name such
as found on birth certificate and passport.
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cerberusalert replied 2 months ago
One of the reasons to request a CCA is to make sure they have a copy.
The other issues can be dealt with later.
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matt_harw replied 2 months ago
ok will do the CCA now thanks in advance
matt
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DeRichleau replied 2 months ago
Can you prove the other party supplied incorrect details? If so were you aware of this when you took out the loan. Some people may think you are on dodgy legal ground (just my laymans opinion). The phrase gaining a pecuniary advantage springs to mind and may or may not be applicable. However it would still be worth looking at the agreement as knowledgable cerberusalert points out.
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matt_harw replied 2 months ago
Ok having looked through my paperwork I must have already written to the collection agency and ask for a copy of the credit agreement as I have a copy with both signatures, I also have a statement of all payment made. Any help in how I should proceed will be gratefully accepted, I think my issue is the fact the other party did not use there real name the bank manager was aware of this and they ...
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matt_harw replied 2 months ago
To be 100% Honest mate I didn’t even now that they had used an alias on the paperwork until I actually found the CCA today while going through my paperwork and started reading it and thought it looked odd, I’m sure though that the fact of the matter is the contract should have been drawn up with parties names as found on a birth certificate or passport which I am sure we both gave to them, ...
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matt_harw replied 2 months ago
Derichleau to answer your question on the paperwork it states MR Dee ******
their name was MR DAVID ******. I dont know who made the mistake the other
party or the bank but surely the bank should have made sure the CCA should
have been made out too the correct person
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