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About gem77

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  1. Exactly bankfodder, it is quite unsettling to think that they would let so many transactions go so far over my overdraft. One of my credit cards contacted me once because they thought they had spotted some suspicious activity and sure enough someone had indeed stolen my cc details and made a few transactions although I couldn't see why or how the cc company picked it up as they just appeared to be normal transactions to me and didn't take me over my credit limit (thank goodness they did though) yet hsbc just let over 100 transactions go out which surely would look very suspicious as I have never made such transactions and never gone or tried to go even remotely that far over my overdraft and not bat an eyelid. Not exactly a very good advertisement for their fraud prevention.
  2. Thank you so much bankfodder. On a better note I have spoke to Amazon and they were really helpful and in the process of refunding all the transactions. I will wait and see how much hsbc charge me and take it from there as that was all I was really asking from them was to waiver the charges as it was their fault they allowed a hundred or so transactions to go out from an unauthorized overdraft . Thank you once again and I shall keep you posted.
  3. Hi bankfodder, No they didn't. It was for an online purchase and just said declined please use another method of payment. Nothing ever showed on my bank statements.
  4. Hi dx, App was Roblox, his device and his account. His internet privileges have now been revoked. I accept I am partially to blame and know that money is now lost its just the fact that hsbc allowed my account to go nearly £500 over its overdraft. Allowing purchase after purchase. ( each transaction was for £6.03) and they will now charge me unauthorized overdraft fees for continuing to make purchases when in an unauthorized overdraft.
  5. Hi, Hoping someone might know where I stand on this but I have a feeling I won't have a leg to stand on. Here goes my situation, Discovered today my account was over its overdraft by £471. In a complete panic I rushed to the bank to get a statement only to discover over 100 transactions from Amazon in the last 2 days. Turned out my 13 year old son had used my card and proceeded to use it for in app purchases. I have phoned hsbc to see how I stand on this they state that unless I get the police involved there is nothing they can do (which obviously I don't want to do as he has never done anything like this before and I really don't think he realised how much he had spent) that is fair enough I asked how they allowed my account to go so far over my overdraft, which is £1000, and continue to allow more and more transactions to go out. The reply I got you have to involve the police if you want it sorted. What annoys me most is that a few months ago I tried to make a transaction which would have taken me over my overdraft by about £15 (unwittingly) but was declined how or why on earth did they allow it to reach that limit and sting me with charges which they refuse to withdraw. I have a pretty poor credit rating so it would be considered irresponsible lending surely. Any ideas where to turn next ? TIA Gem77 P.s. Yes my son has had a very stern talking to and being punished accordingly.
  6. Defence submitted 23rd September so yes should be stayed. Definitely didn't sign up online it was a salesman in store. I would imagine they would discount it for a lump sum payment. So I just sit on this and see what there next move is then?
  7. So where do I go from here? Ignore or reply?
  8. Looking at the transaction history it was May 2010 that we hit financial problems. My minimum payment drops to £4 which was what i offered to pay each month when I would have alerted them of financial problems as I did all my creditors. after this time they continued to add interest and late payment fees which by November took me over my limit so they started also adding on overlimit fees as well (I stopped using the card December 09 obviously knowing things werent looking great so not to increase the debt) right up until April 2013, which is when I guess they sold the debt on. Oh and I made a final payment of £40 in october 2010. I guess seeing the debt constantly rise I gave up paying them even the small amount. Nothing after April 2013 Andy looking back in August 2010 I received a letter from Viking a DCA demanding full payment of the existing balance of £953.37 or they would start court proceedings. Surly if the passed to a DCA that means they would have closed the account and therefore can not continue to charge late payment/over limit fees or interest as they have terminated the agreement?
  9. Did you want me to upload the transaction history sheets? I have just finished scanning them.
  10. thought I'd scrubbed out all the personal details. what did i miss? If I remember rightly I filled this out in the store where they collared me as i walked in. Well I say I filled ou the salesman did and I just signed it.
  11. here is the letter and CCA or more like an application form do youwant me to put the transaction history aswell? Restons responsecca013.pdf
  12. Hi all. Hope you all had a good Christmas. I have received a letter from Restons along with a copy of a signed credit agreement and a transaction list from May 2005 - April 2013. The letter states to either withdraw defence and fill out a N9A form ( which isn't going to happen) or fill in their I &E form and offer a payment arrangement and they won't proceed with litigation. Where do I stand on this as I certainly do not agree still with the amount. Looking at the transaction sheets they have added over limit / late payment fees and interest right the way up to April 2013. Aren't these suppose to stop once they have closed the account and adding interest to interest or fees isn't allowed either is it? No sign of a default notice though. Any pointers on where to proceed from here. Do I write to them and if so what should I be hitting them with or should I just ignore and let the apply to 're open the case? TIA x
  13. I have received a couple of letters from Arrow and Restons. The one from Arrow stating they do not accept that they are the creditor, however they are willing to assist in obtaining the requested documents ( response to CCA request) . Goes on to state all collection activity will be suspended pending provision of the documents. Got 2 from Restons . First one stating that because the claim was issued via the county court business centre it allows the claimant to insert brief details of the claim and does not allow for the attachment of any enclosures , it refers to paragraph 5.2A of practice directions 7E. Also states a CPR 31.14 refers to documents mentioned in the POC which those requested are not. They go on to say that the POC contain sufficient information for me to understand what it relates to. Second letter is in response to my defence stating again there is enough info in the POC and that santander should have sent me statements and default notice so I should look through my own personal records for the documents but they have asked the client to try to obtain them and they will contact me further when they have been received. Guess it's just a waiting game now.
  14. oh oops didnt realise that. Will submit it now then. I thought it best to find a thread as close to my own as possible otherwise it gets more confusing to me than it already is and I get totally lost. Thank you so much DX.
  15. right i've scrolled through a fair few threads and this seems to be the defence everyone is using for holding/no paperwork defence. Found one with practically identical POC to mine who also used this defence. Can you just confirm it is the right one for me please. 1.The claimant claims payment of the overdue balance due from the defendant under contract between the defendant and Santander dated on or about May 24 2005 and assigned to the claimant on May 10 2013 Particulars a/c no. ********* Date 16/02/2016 Default balance 1930.83 ' 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had financial dealings with Santander. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. I am unaware of what account or contract the claimant refers to. The claimant alleges the contract was assigned to the claimant on May 10 2013. This is denied I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the LOP Act 1924. 3. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. On receipt of this claim the Defendant requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14.To date I have yet to receive a compliant response. 4. The Defendant also requested information pertaining to this claim from Arrow Global by way of a Section 78 request. To date I have yet to receive a response complying with the request. 5. Therefore with the courts permission the Claimant is put to strict proof to: (a) Show and disclose how the Defendant has entered into an agreement; and (b) Show and disclose how the Claimant has reached the amount claimed for; © Show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per civil procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Thought I would wait until the deadline tomorrow to submit it just incase something turns up in the post tomorrow morning. is that wise or should I just submit it tonight ? ( If its the correct defence ) Many thanks
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