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Acknowledging debt for statute barred


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Hi folks,

Thanks for the quick replies.

And CitizenB, yes there was PPI included and I will be going after them for that when I have got to grips with this current situation . I have already had £3000 out of them for unlawful charges in 2009, just days before the courts ruled in their favour!!

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If you have not already done so, I suggest you send off a Subject Access Request to HSBC. There is a draft letter in the CAG library which you can adapt, but you might also want to specifically request items that you think would be useful in establishing what HSBC have done with your accounts.

 

You will need to include £10.00 with the request which is the statutory fee - they have 40 calendar days to comply with your request.

 

If you get your Official Complaint off as quickly as possible, you will be able to advise the current DCA that there is an unresolved dispute in place. That will also protect you in the event they get really aggressive and start litigation.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You might also want to have a read of the BCOBs articles in my signature, see if there is anything there that can help :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi citizenB,

I already SAR' d HSBC, which is how I knew that they did not hold the agreement. I can also see from their records when they combined the SBL with my (closed) account.

I will check the BCOBS.

Thanks again

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Excellent, then if I were you, I would be getting that complaint letter off - do remember to head it as such as they are obliged to deal with these within 8 weeks, if not resolved satisfactorily then you escalate to the Financial Ombudsman.

 

This will keep the DCA off your back whilst you are dealing with the PPI claim :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 years later...

Hi All,

I have been informed by Cabot/Marlin that the attached letter sent by me in 2013 constitutes acknowledging the debt.

 

 

The last payment made to HSBC was well over 6 years ago and

they have since admitted that they no longer have the agreement

and would not be in a position to reconstruct one.

 

I can't see that this letter acknowledges the debt.

 

Any views?

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old and new thread merged for history

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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First of all it doesn't seem to me that your letter acknowledges the debt at all. It acknowledged that there was a loan but it makes no statement either express or implied as to the status of the loan or any alleged debt.

 

I think that it is a try-on.

 

Are you telling us that there was a statute barred debt which was then consolidated with your current account business after it was statute barred?

 

If this is what we are hearing then it is clearly abusive and extremely unfair. I wouldn't bother to go to the ombudsman I would begin an immediate action under BCOBS. Expect them to back down and also to pay you compensation.

 

They will take you seriously until you issue the court papers. If I were you I would write to the bank explain to them exactly what has happened tell them that you consider that they have acted abusively and in breach of their duties towards you and that their treatment of you is unfair under be cobs and that unless they remedy the situation within 14 days and include a proposal for compensation that you will sue them in the County Court and that when you obtain your judgement you will send a copy of it to the FSA as part of a specific complaint.

 

I would suggest that you claim for a modest amount of compensation – maybe £250 just so you are able to give them a slap.

 

Only make this threat if you're prepared to go ahead with it – but it will be quick and easy. Your chances of success on the basis of what you say are better than 90%

Edited by Conniff
correct typo
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I've found another thread too with all the information

might be worth a full read as all the info is now in this thread

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Bankfodder,

 

I think there has been a misunderstanding.

 

This "debt" was not consolidated.

 

 

It became statuted barred early this year,

 

 

but I think Cabot are trying it on with this new tactic.

 

The bank have admitted that they do not have an agreement,

 

 

so its a no go anyway.

 

 

It would just be easier if it was time-barred.

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Hi All,

I have been informed by Cabot/Marlin that the attached letter sent by me in 2013 constitutes acknowledging the debt.

 

 

The last payment made to HSBC was well over 6 years ago and

they have since admitted that they no longer have the agreement

and would not be in a position to reconstruct one.

 

I can't see that this letter acknowledges the debt.

 

Any views?

 

Attachment unapproved.

 

Your address is still on that letter...please obscure and re post.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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done the letter

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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