Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder jazr3 Novitiate

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    Default Data Protection v Debt Recovery

    Hi guys
    Can anybody advise me please. I sent a standard data protection act letter to HSBCicon on 15th Dec 06 and received a letter on the 2nd January with a return of my postal order saying they would oblige. Anyway I received some statements but nothing else. I rang them last week to chase up and they said they would call me back. Suffice to say they didn’t, but I got a letter dated 20th Feb from their debt recovery department in Birmingham which I have copied for you in full.

    We are writing to notify you that HSBC Bank plc and HSBC Trustee (C.I) Limited has assigned all of its respective rights, title and interesticon in respect of the above referenced account (including the outstanding balance) to FV-I, Inc effective 22nd December 2006.

    The total outstanding balance is £3576.08 as at the date of sale 22nd December 2006.

    Your current outstanding balance is £3576.08 (deducting any direct payments from the original balance made to HSBC since 22nd December)

    Under the terms of this assignment, and as defined in the Data Protection Act 1998, FV-1 is now the Data Controller of your personal dataicon contained in the records of this account.

    NCO Europe Limited has been appointed by FV-1 to manage your account and it is essential that all future payments and correspondence regarding this account be directed to NCO Europe Limited at;

    NCO Europe Limited Tel 0870 0492370 or 0121 6982900
    PO Box 1127
    Preson
    Pr2 0EF

    You should contact NCO Europe Limited to organise payment on this account as a matter of urgency

    Yours sincerely

    Like most people I had a loan with HSBC and on late payments got stung with bank charges that escalated so out of control that I just stopped dealing with them. I was signing on at the time so it became impossible to catch up. On coming across this site and moneysavingexpert.com I worked out crudely from some statements that I still have, that they probably owe me approx £3,000 in charges without interest..

    So a couple of questions as I’m not sure what my next step should be.
    1. Does anybody know who or what FV-1 is? Is this letter a red herring?
    2. Does this mean that I should send the lbaicon letter for non-compliance of the data protection to NCO Europe or should I send it to Canada Square, London (HSBC's head office) where the first letter went. (and wait for the7 days as advised on the forum before going to court)
    3. The fact that I may owe them, does that negate my claim for charges??
    4. If I get this money back would they automatically pay off what I owe them, and give me any remaining balance or would that be illegal?
    Thanks for your help

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  2. #2
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    Default Re: Data Protection v Debt Recovery

    1. Does anybody know who or what FV-1 is? Is this letter a red herring?
    2. Does this mean that I should send the lbaicon letter for non-compliance of the data protection to NCO Europe or should I send it to Canada Square, London (HSBCicon's head office) where the first letter went. (and wait for the7 days as advised on the forum before going to court)
    3. The fact that I may owe them, does that negate my claim for charges??
    4. If I get this money back would they automatically pay off what I owe them, and give me any remaining balance or would that be illegal?
    stick with hsbc for the letter.
    owing does not negate it.
    typically they would use the money and give you the rest.

    what worries me here is the a/c was in dispute when they sold it to a DCAicon, that i think is wrong. write to the dca, inform them the a/c is in dispute, then it should all be bounced back to hsbc.

    dx100uk

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  3. #3
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    Default Re: Data Protection v Debt Recovery

    Quote Originally Posted by jazr3 View Post
    Hi guys
    Can anybody advise me please. I sent a standard data protection act letter to HSBCicon on 15th Dec 06 and received a letter on the 2nd January with a return of my postal order saying they would oblige. Anyway I received some statements but nothing else. I rang them last week to chase up and they said they would call me back. Suffice to say they didn’t, but I got a letter dated 20th Feb from their debt recovery department in Birmingham which I have copied for you in full.

    We are writing to notify you that HSBC Bank plc and HSBC Trustee (C.I) Limited has assigned all of its respective rights, title and interesticon in respect of the above referenced account (including the outstanding balance) to FV-I, Inc effective 22nd December 2006.

    The total outstanding balance is £3576.08 as at the date of sale 22nd December 2006.

    Your current outstanding balance is £3576.08 (deducting any direct payments from the original balance made to HSBC since 22nd December)

    Under the terms of this assignment, and as defined in the Data Protection Act 1998, FV-1 is now the Data Controller of your personal dataicon contained in the records of this account.

    NCO Europe Limited has been appointed by FV-1 to manage your account and it is essential that all future payments and correspondence regarding this account be directed to NCO Europe Limited at;

    NCO Europe Limited Tel 0870 0492370 or 0121 6982900
    PO Box 1127
    Preson
    Pr2 0EF

    You should contact NCO Europe Limited to organise payment on this account as a matter of urgency

    Yours sincerely

    Like most people I had a loan with HSBC and on late payments got stung with bank charges that escalated so out of control that I just stopped dealing with them. I was signing on at the time so it became impossible to catch up. On coming across this site and moneysavingexpert.com I worked out crudely from some statements that I still have, that they probably owe me approx £3,000 in charges without interest..

    So a couple of questions as I’m not sure what my next step should be.
    1. Does anybody know who or what FV-1 is? Is this letter a red herring?
    2. Does this mean that I should send the lbaicon letter for non-compliance of the data protection to NCO Europe or should I send it to Canada Square, London (HSBC's head office) where the first letter went. (and wait for the7 days as advised on the forum before going to court)
    3. The fact that I may owe them, does that negate my claim for charges??
    4. If I get this money back would they automatically pay off what I owe them, and give me any remaining balance or would that be illegal?
    Thanks for your help
    Here;s some interesting info - FV1's registered address appears to be 25 Cabot Square in London...What's HSBC's address, I bet in somewhere very nearby? FV-1 are not a limited company and their agents are NCO europe...DONT phone NCO, they are rude, aggressive and nasty...I'm going to dig around some more re FV-1 cos something's not right here...

    If the Banks maintain their charges are transparrent and fair, then why appeal against the decision which allows them to be investigated?


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  4. #4
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    Default Re: Data Protection v Debt Recovery

    Quote Originally Posted by dx100uk View Post
    1. Does anybody know who or what FV-1 is? Is this letter a red herring?
    2. Does this mean that I should send the lbaicon letter for non-compliance of the data protection to NCO Europe or should I send it to Canada Square, London (HSBCicon's head office) where the first letter went. (and wait for the7 days as advised on the forum before going to court)
    3. The fact that I may owe them, does that negate my claim for charges??
    4. If I get this money back would they automatically pay off what I owe them, and give me any remaining balance or would that be illegal?
    stick with hsbc for the letter.
    owing does not negate it.
    typically they would use the money and give you the rest.

    what worries me here is the a/c was in dispute when they sold it to a DCAicon, that i think is wrong. write to the dca, inform them the a/c is in dispute, then it should all be bounced back to hsbc.

    dx100uk
    This is the letter I'm about to fire off to NCO Europe...What do you think?

    24th February 2007
    Ref/acc no:
    To Whom It May Concern,

    The first thing I am going to tell you is;
    I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY. The second thing I am going to tell you is; THIS account is in disputeicon….There, hopefully you can understand that.

    Without going into too many details of the acts you will be breaking, let alone guidelines, if you attempt to try - I would like to inform you that I am fully aware that you cannot attempt to collect any alleged monies that your client claims I owe whilst this alleged debt remains in dispute.
    Until this dispute is resolved with HSBC initially, then I will be have no dealings with NCO. Once my original dispute is resolved I will then be dealing with FV-1 and FV-1 only. Once they legally prove they are entitled to collect any monies from me, I will have further legal avenues to pursue with FV-1 and FV-1
    ONLY re this alleged debt. I find it interesting that FV-1 are not a limited company and their registered address (Cabot Square- London) will need a personal visit to verify their existence.

    Forthwith, if you attempt to make ANY further contact with me, I will consider NCO in breach of the many legislations that in in place to protect the general public. Consequently, I will file a complaint to the OFT and my Local Trading Standards Office against you. NCO Europe has a diabolic and shambolic reputation, and are very well known for the ‘bully-boy’ tactics they try to employ. This will not work with me, so please do not attempt to try. You may be able to fleece those less ‘clued-up’ than myself, but I will not lie down and pamper to your aggressive, illegal scare tactics.

    Kind Regards


    If the Banks maintain their charges are transparrent and fair, then why appeal against the decision which allows them to be investigated?


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  5. #5
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    Default Re: Data Protection v Debt Recovery

    well here is my link to what i found out about fv-1

    it's in a new threadicon


    http://www.consumeractiongroup.co.uk...-know-who.html

    morgan stanley feature ?????? which surprises meee !

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  6. #6
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    Default Re: Data Protection v Debt Recovery

    Quote Originally Posted by FANTASY CHARGES View Post
    well here is my link to what i found out about fv-1

    it's in a new threadicon


    http://www.consumeractiongroup.co.uk...-know-who.html

    morgan stanley feature ?????? which surprises meee !
    Mmmm, wonder if they'll set up their own website---wonder what domain they'll use

    If the Banks maintain their charges are transparrent and fair, then why appeal against the decision which allows them to be investigated?


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