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HSBC old debt now passed to Lowell/Red


stawbelly
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I have been starting to try and sort my 'credit' life out and this is one of the issues that i have:

 

I have recently received 6 letters about 2 debts with HSBC. 2 of them were from Red DCS asking for money, 4 of them were from Lowell portfolio, 2 of which were offering CHANCE of a LIFETIME!! to 'bid' to buy my debt back, the other 2 notifying me that they have instruced Red to chase me for money.

 

Many years ago, I had a bank account with HSBC on which i ran up debts from using cheques even though i had no money in the account. Apparently, although I have no recollection of this, I also had a credit card with them on which i defaulted. I deduced this from the letters that Lowell sent as they have two different reference numbers referring to HSBC debt and these appear to relate one to a current account and the other to a mastercard (as the number starts 5434).*Apparently Lowell say HSBC sold my debt to them on 05/11/2006*

 

I honestly don't know when was the last time I talked to someone from HSBC, it could be 2003 or 2004. Therefore, if it was 2004, i am worried I am not at the 6 year limit for statute barred debt.

 

what do people suggest i do?

 

I have ignored them long enough over the years and i could continue to ignore them i suppose, but as i am currently trying to buy a property with the other half, debt collectors are the last thing i need to make problems for me!

 

help pls - thank you!

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Hiya stawbelly and welcome to the HSBC forum :)

 

Write back to Lowell/Red (I suspect they are the same people just using a different letter head) and deny any knowledge of any debt with HSBC.

 

Tell they you will need proof of any such debt and what it is made up of before you could even consider paying anything to anyone and see what they send you back.

 

pete

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I have been starting to try and sort my 'credit' life out and this is one of the issues that i have:

 

I have recently received 6 letters about 2 debts with HSBC. 2 of them were from Red DCS asking for money, 4 of them were from Lowell portfolio, 2 of which were offering CHANCE of a LIFETIME!! to 'bid' to buy my debt back, the other 2 notifying me that they have instruced Red to chase me for money.

red are trading style of lowell.same company.trying to confuse,the bidding is their latest desperate attempted to con what they can.if this debt is not statute barred,it will be very close to it,

Many years ago, I had a bank account with HSBC on which i ran up debts from using cheques even though i had no money in the account. Apparently, although I have no recollection of this, I also had a credit card with them on which i defaulted. I deduced this from the letters that Lowell sent as they have two different reference numbers referring to HSBC debt and these appear to relate one to a current account and the other to a mastercard (as the number starts 5434).*Apparently Lowell say HSBC sold my debt to them on 05/11/2006*

 

I honestly don't know when was the last time I talked to someone from HSBC, it could be 2003 or 2004. Therefore, if it was 2004, i am worried I am not at the 6 year limit for statute barred debt.

do you know when you last made a payment? is this on your credit file?

I would send statute barred letter,let them prove that it is not.

 

 

what do people suggest i do?

 

I have ignored them long enough over the years and i could continue to ignore them i suppose, but as i am currently trying to buy a property with the other half, debt collectors are the last thing i need to make problems for me!

 

help pls - thank you!

SAM:pLOWELL DETESTER

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thanks for replies so far -

 

since i ran up the debt, i never paid a penny of it.

 

it was either 2003/2004 and i needed money to live so i used the cheques (even tho no money in bank) and then i received a call from HSBC a while after that - they had managed to get hold of my mobile number from an ex-employer.

The person that called said he was from the fraud dept and that i had knowingly spent money i didnt have etc. i cant remember what i said or what he said after but no payment arrangements were made etc.

Since that call, i dont 'recall' having another conversation with any one from HSBC or their subsequent DCA's.

 

As regards the credit card debt, i dont even recall having a credit card from them! so i have no clue about any of it!

 

So sending statute-barred letters to them and letting them prove otherwise the best way forward?

will it be like acknowledging the debt if i do this tho?

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Let them prove you owe the money, if it was a a clear cut case of overspending that left your account in debt then they would have contacted you sooner to collect. It may even be a case of mistaken identity, they may be chasing you for someone else's debt so until you see clear proof that you owe them money do not acknowledge any debt.

 

 

pete

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thanks for the replies - very grateful!

 

so i send a letter asking them to provide proof of debt? something like 'regarding your correspondance of accounts/debts ... I do not ackowledge these debts as I have no recollection of them. please provide proof of debt or stop hassling me'????????????? or are there any templates?

 

or should i just send statute barred letter straight of?

 

thanks for help!

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*sorry - one last question*

 

I will send them the 'prove it' letter as suggested above.

 

However, if the debt is not over 6 years, will sending the prove it letter mean that I have contacted them/acknowledged the debt and therefore I cannot further on claim statute barred debt?

 

please advise - and sorry for all the questions, but i am still very new to all this!

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Hi stawbelly :)

 

 

Sending the prove it letter will , of course mean you have contacted them - but you're making no admissions , you are saying basically " you're telling me I owe this money .... what are you talking about ....... prove it .!"

 

It's the same as if I approached you in the street and said , "hey , you owe me £100 .... pay up .... " you are going to say , "prove it!"

 

IMHO it doesn't matter what date is involved at the moment - you don't negate the 'statue barred' label merely by asking for proof of debt .

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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  • 1 month later...

*update*

 

well i posted the 'proof it' letters and had heard nothing back for ages.

 

got a letter the other day through the post from 'Red' with regards to the amount of money i allegedley owed on the bank account.

 

they offered me a chance of a lifetime to pay off the outstanding balance with a DISCOUNT!

 

they offered me to pay HALF the money! so instead of approx 1k, i pay back approx 500 squids and they wont bother me anymore.

 

i thought this was a hilarious last ditch attempt!

 

what do u think?!?!

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If you walked up to a stranger in the street and told them they owed you £1000 but you would let them off with £500 cash now what would the answer be? :rolleyes:

 

I suggest you give Red exactly the same answer :D.

 

If they cant prove the debt they are doing little more than demanding money with menaces.

 

pete

Edited by Castlebest
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Just sit back and wait. They can't do anything without proving you owe the money and they know it.

 

You are close to hearing the last of these parasites - the discount offer normally proceeds the final letter confirming that they have closed the account.

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*update*

Received a letter from Lowells customer service dept (but only with regards to one of the debts i allegedly owe) which states that they confirm they are currently looking into my enquiry and until then, the account will be on hold.

 

any bets/ideas on how long before i get the final letter saying they have closed the account?

 

worringly tho, it is just for one the debts, i have heard nothing re the other debt at all ....

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worringly tho, it is just for one the debts, i have heard nothing re the other debt at all ....

 

Two ways you can go on this one stawbelly ...

 

1. Ask them for the same proof you did for the other one .. or if you asked for it before , press them for it ...

OR

2. Keep your head down - :D and see what happens with the current one first .... then take it from there .....

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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*update*

Received a letter from Lowell's customer service dept (but only with regards to one of the debts i allegedly owe) which states that they confirm they are currently looking into my inquiry and until then, the account will be on hold.

 

any bets/ideas on how long before i get the final letter saying they have closed the account?

 

worryingly tho, it is just for one the debts, i have heard nothing re the other debt at all ....

 

When Lowell's were chasing me ( a cap one credit card) they kept saying this then a couple of months later they would try again apparently ignoring any previous correspondence :rolleyes: eventually I sued both Lowell's and Cap One in a jointly and severally county court claim, cap one caved in and paid the claim :)

 

pete

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YES!!!!!!!!!!!!!!!!!!!

Finally received a letter (as a followup from previous letter from their 'customer services' dept) from LOWELL FINANCAIL.

It says:

re: Lowell Portfolio Ltd (not HSBC client!)

After reviewing the account, our above client is prepared to take a commercial view in relation to this matter and as a gesture of goodwill and strictly without any admission of liability is prepared to discontinue this matter against you.

We trust you will find this satisfactory and that this matter is now closed.

 

 

hahahaha!!!

I want to say a BIG THANK YOU to all those that have helped me in this process - i cant believe i have finally got them off my back!

 

HOWEVER

The most recent communications refer to only ONE of the debts they were chasing me (on behalf of HSBC).

As per my previous posts, they claim i owe money on a current account and on a credit card.

They have now closed the current account debt but i have not heard anything about the other debt from them since i sent the 'prove it' letters.

Should i chase them up now?

Any suggestions?

I just want to rid these sharks off my back totally!

 

THANKS AGAIN TO YOU ALL!!!

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Well done stawbelly !!! :D

 

They have now closed the current account debt but i have not heard anything about the other debt from them since i sent the 'prove it' letters.

Should i chase them up now?

 

Its really up to you (and them :rolleyes:) you have written proof they have discontinued their activities for one account, it may be for both, but unless you get written proof they may well start again on the other account at some point in the future :-|.

 

I think on balance you should strike while the iron is hot and chase a decision on the other account too or you may end up back here in weeks/months/years when you have forgotten/lost half the things you have said to them.

 

pete

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Thanks Castlebest.

 

Do you think I should write a letter along the lines of " have received letter re account A being closed, what is happening to account B"?

Or shall i just resend the proof it letter for account B?

 

Or is there a better way of doing it?

 

Thanks!

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Well you'll never guess what. I'd composed a letter and was going to send it today when I checked my mailbox.

 

There was a letter from Lowell in there. Well, not really a letter but a "Statement of your account".

 

It looks like any normal statement but says on it under the title statement: This notice is being given to you as required by the Consumer Credit Act 1974 because you fell behind with your payments under this agreement with your original creditor.

 

Its a statement from 01/10/2008 - 31/08/2009 showing I owe £1076.56

 

On the bottom of this statement, is a FAQ section. Under the question 'why have we sent you this' it says " irrespective of whether you have agreed a payment arrangement, under the 2006 amendments of the CCA we have an OBLIGATION to send statements to you annually"

 

 

Well I never. According to their previous letters, HSBC gave them this debt way back in 2006 and this is the FIRST statement I have received from them - not really doing what they are obligated to do then! That is until they received my proof it letter!

 

So now what?!!??

 

shall I send my letter as I intended to this morning? asking them if this debt is also going to be discarded?

 

Is this a new tactic?!?!

Has anyone received one of these apart from me??!!!

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I've no idea what they are doing :rolleyes: but knowing Lowell this is the opening shot in an attempt to get you to pay them something :cool:.

 

I would send a letter again denying any knowledge of this debt referring them to your first prove it letter and repeating the prove it specifically for this account :D.

 

pete

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Cheers Castlebest.

 

i've sent the letter thanking them for closing account A and enquired as to whether this is the same for account B and enclosed a cpy of the 'prove it' letter i sent them before.

 

will update once i hear anything!

 

:)

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  • 1 month later...

well i re-sent the 'proof it' letter (as before) about account B and they have just ignored it!!!

i received a letter from Red stating the usual that i owed them on this account etc etc.

if they are indeed ignoring (as they appear to be) my proof it letters, what is the next step i can take?

or should i just keep sending them the same letter until they get the message?!

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