Acknowledging debt for statute barred

[pabrmu]

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!!

[citizenB]

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.

[citizenB]

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

[pabrmu]

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

[citizenB]

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

[pabrmu]

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?

[Conniff]

A business loan won't come under consumer regulations.

[pabrmu]

Hi,

HSBC agreed that this small business loan does come under the Consumer Credit Act and none of the many debt agencies have queried this.

[dx100uk]

old and new thread merged for history

 

 

dx

[BankFodder]

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 March 25, 2015 by Conniff
correct typo

[dx100uk]

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

[pabrmu]

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.

[AndyOrch]

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

[dx100uk]

done the letter

 

 

dx