I am in the process of getting all my ducks in order.

I have an old hsbc current account opened in 2001.

I had an agreed overdraft of £1250.

In June 2010 I stopped earning and no money has gone into the account for 6 years.

I cancelled all debits, but charges meant that I owe crica £1500.

There is a default dated August 2011 and has now been sold on.

I am confused about overdrafts as I have read a lot of conflicting data.

Is is statute barred now or will I have to wait until next August?

I am sure that there are a lot of fees and charges on the account,

I have also been told that I may be able to reclaim package account fees,

this may be cicra £500.

Would this be opening up a hornets nest?

Can you confirm that the balance is made up entirely of their fees and charges?

If you have NOT paid anything toward this since June 2010, then at some point this month it will be SB yes.

It will auto drop off your CRF on its six year anniversary.

august 2011 is the default date

so stays on file till then.

have you all the statements?

if not sar HSBC

whos the dca?

It is with Arrow.

I dont have ll the statements, happy to sar. A little concerned about stirring up more trouble for myself. On the other hand 14 months is a long time!

Edit: I cannot confirm that it is all charges. I estimate that I had been charged more than this balance of the years leading up to 2010.

" I have also been told that I may be able to reclaim package account fees, "

http://www.consumeractiongroup.co.uk/forum/showthread.php?459427-Reclaim-Packaged-Current-Accounts-Deal-Fees

I would disregard that default date.....have you ever received a recall/ termination notice ?

That is when the limitations period runs from.

Andy

if you send an sar to the OC

the dca wont know

so wont be 'stirred up'

dx

 

I would disregard that default date.....have you ever received a recall/ termination notice ?

I have stored everything and cant see this, but maybe it has slipped through the net.

Think an SAR to request this is necessary, its a joint account but I think £10 should cover it?

Yes £10 will cover it. Who is the other party involved in this joint account?

sar for ALL the info they hold

not just recall/ termination notice

I have stored everything and cant see this, but maybe it has slipped through the net.

 

Think an SAR to request this is necessary, its a joint account but I think £10 should cover it?

With overdrafts its called a...... Notice served under Sections 76(1) and 98(1) of the CCA1974 not a default Notice.

Who is the other party involved in this joint account?

It is (was?) and account shared with my spouse.

Will be sending the SAR later today.

Sorry to revive an old thread. After 10 weeks of delaying I finally received a large box of papers, no agreements just statements.

I have to wait until August this year for the 6th anniversary of the default and then hopefully I will have a clean credit file.

Am I correct that the default should have been added between September 2010 and December 2010 (3 to 6 months) as if that was the case my file would already be clear?

there wont be an agreement re an o/d taken out in 2001

you said #1 that the default was aug 2011. as has been mentioned, a default comes after the (unpaid) notice calling in the o/d.

I have looked through all the letters, a lot of the correspondence is from Metropolitan and DG Solicitors which hasnt been included in the SAR file. I see nothing calling in the overdraft. Noodle show a default on my file in august and I am guessing that the recall would be around this time?

Is it too late to point out that this is missing from the SAR?

Am I wasting my time trying to get it off my file a few months early?

IMHO yes

Am I wasting my time trying to get it off my file a few months early?

Definitely, let sleeping dogs lie.

Thank you do and Boo, this seems like good advice.

I received a letter from Restons today, it threatens legal action if I don't make a lump sum payment or agree to a payment plan within seven days. As I am 100% sure that this is statute barred, is it best to pop it in the file and not respond?

may not WILL anything

dx

Sorry dx, does this mean I should ignore it as I am sure it is sb and it seems like a ploy to engage someone who maybe doesnt know better?

Let them waste money on a pointless claim form

Will hurt their pocket

Maybe nothing should be a surprise, but I received a claim from Northampton on Saturday from Arrow and Restons.

I have defended a statute barred claim before and it was struck out.

Am I right that defending against a claim related to an overdraft is not different to any other claim?

maybe. depends on the circs.

are you thinking of re bar?

you said the default was aug 2011. so no doubt a crud will try argue it from then.

when did you first get notice of calling in the o/d (with no payments after that)?

maybe. depends on the circs.

are you thinking of re bar?

you said the default was aug 2011. so no doubt a crud will try argue it from then.

when did you first get notice of calling in the o/d (with no payments after that)?

I can't find any letter calling in the o/d, I have looked in my old paper work and in the paper work from the cca request last summer. Can you go back and ask for specific documents under a cca or is it too late now and I would need to do a new request and pay again?

I am 100% sure that nothing went into the account since June 2010.

Could it be they are trying it on and hoping for a default judgement or do they know sonething I don't?

they are trying in on

they get no other info bar a line in a spreadsheet.

you cant send a CCA does cover bank accounts.

you could SAR HSBC but why

its statute barred

let them willy wave

Appreciate your help.

My plan is to acknowledge the claim on time, submit the standard SB defence and wait.

Is there anything to be gained from doing a cpr request?