Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
i Can anybody help me with this? This is very complex. I am being chased by Lowell who say that I had an account with HSBC which was opened in April 2004 and that they have bought the debt on this account. I have never had an account with HSBC in 2004. I have spoken to them and was told by one idiot that I had signed a credit agreement in 2004 and had made payments. This is untrue. I have repeatedly requested by letter and phone for the evidence of this debt. They had just supplied and account number, sort code and account open date on their letters but never any actual documentation. I have even contacted the Trading Standards who sent me templates of letters (CCA s77 and 78 to send to Lowell and HSBC plus the £1 PO. I have had replies from both. Lowell have refused to to provide anything as they say that the debt does not comply with the CCA and have returned PO. I have sent a letter back to them stating that one of their employees had stated that I had signed a credit agreement and therefore it did comply and that if they could not provide true documentary evidence to me, how could they logically provide it to a Judge. I have enclosed the PO again.
HSBC have now replied stating that my debt of £1536 was sent to MCS on the 5th April 1997. which was subsequently sent to Lowell and that they are only obliged to hold records for six years. Reading through the thread I now see that HSBC used to be the Midland Bank. I did hold two accounts with the Midland until 1998 - one joint with my ex-husband and the other mine. I had nothing more to do with these accounts after June 1998 for reason which I will not go into.I move to another part of the country and have had an account with another bank since 1998. My ex says he did make payments after 1998 but he does no know if he has any paperwork now as he has moved to. The majority of this amount is charges and is quite a substantial amount.
Can you guy give me advice on how to handle this I do not want to shoot myself in the foot so to speak and I don't want to let these BBBBBBB's get away with this anymore. Do I just stick with challenging Lowell to prove the debt £320. (they have offered to halve the debt) and then chase HSBC (even though they say they don't hold records from 1998. Or wait to see what Lowell do.
Its up to them to prove the debt - they would have to if they went to court.
For peace of mind I would send them an SAR to see what the yhave on you.
It sounds like even if the debt is proved to be yours it is stat barred anyhow.
Thanks for your advice. I have just sent off the SAR's and am awaiting with a mixture of trepidation and glee as this debit is overdraft charges and late payment charges. Sorry for the delay but this keeps me very busy. I have so many claims I am workiing on that I hopefully am awaiting a jackpot!!!
HSBC and Lowell Finance Help needed Urgently
which was opened in April 2004 and that they have bought the debt on this account. I have never had an account with HSBC in 2004. I have spoken to them and was told by one idiot that I had signed a credit agreement in 2004 and had made payments. This is untrue. I have repeatedly requested by letter and phone for the evidence of this debt. They had just supplied and account number, sort code and account open date on their letters but never any actual documentation. I have even contacted the Trading Standards who sent me templates of letters (CCA s77 and 78 to send to Lowell and HSBC plus the £1 PO. I have had replies from both. Lowell have refused to to provide anything as they say that the debt does not comply with the CCA and have returned PO. I have sent a letter back to them stating that one of their employees had stated that I had signed a credit agreement and therefore it did comply and that if they could not provide true documentary evidence to me, how could they logically provide it to a Judge. I have enclosed the PO again.
:cry:
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