HSBC & D&G Overdraft Collection

[LIAM1234]

Hi

 

I have received a letter from D&G 'acting on behalf of HSBC' in regards to demands for full repayment of the overdraft that I had with HSBC. They have given me 14 days to provide full repayment before they take legal action via the County Court. I have CCA'd them via recorded delivery with £1 Postal Order (not sure if CCA Request is the right thing to do for an overdraft). I have currently heard nothing (although its only been a week). Am now concerned that they will initiate Court Proceedings - can they do this as I have CCA'd them? Should I speak to them on phone about this?

 

Also I am in a position to offer a F&F settlement offer (have the template already) but now getting worried that if I wait too long for the CCA it might end up in Court before I can make an offer. Should I:

 

- Speak to them on the phone in regards to the CCA

- Just wait for the CCA

- Offer F&F in writing now

- send them an SRA - whatever that is?

 

Please help!! Thanks

[spamheed]

Hi

 

I have received a letter from D&G 'acting on behalf of HSBC' in regards to demands for full repayment of the overdraft that I had with HSBC. They have given me 14 days to provide full repayment before they take legal action via the County Court. I have CCA'd them via recorded delivery with £1 Postal Order (not sure if CCA Request is the right thing to do for an overdraft). I have currently heard nothing (although its only been a week). Am now concerned that they will initiate Court Proceedings - can they do this as I have CCA'd them? Should I speak to them on phone about this?

 

Also I am in a position to offer a F&F settlement offer (have the template already) but now getting worried that if I wait too long for the CCA it might end up in Court before I can make an offer. Should I:

 

- Speak to them on the phone in regards to the CCA

- Just wait for the CCA

- Offer F&F in writing now

- send them an SRA - whatever that is?

 

Please help!! Thanks

 

Although an overdraft is not covered by the CCA, they should still be able to prove the status of the debt.

 

When you initially took out the overdraft you would have received a letter laying out the terms and conditions of the overdraft, this along with the statements of account are what they would need to provide to show the status of the debt and that the value stated is correct.

 

If the account has any charges which can be reclaimed, it may be worth considering beginning actions to reclaim these as it would place the account in dispute

[themagician]

Hi

 

I have received a letter from D&G 'acting on behalf of HSBC' in regards to demands for full repayment of the overdraft that I had with HSBC. They have given me 14 days to provide full repayment before they take legal action via the County Court. I have CCA'd them via recorded delivery with £1 Postal Order (not sure if CCA Request is the right thing to do for an overdraft). I have currently heard nothing (although its only been a week). Am now concerned that they will initiate Court Proceedings - can they do this as I have CCA'd them? Should I speak to them on phone about this?

 

Also I am in a position to offer a F&F settlement offer (have the template already) but now getting worried that if I wait too long for the CCA it might end up in Court before I can make an offer. Should I:

 

- Speak to them on the phone in regards to the CCA

- Just wait for the CCA

- Offer F&F in writing now

- send them an SRA - whatever that is?

 

Please help!! Thanks

sorry but you cannot cca for an overdraft!

you must send an S.A.R. request it costs £10 .send p.o. or get some one else to write a cheq but not you .do not sign it and send recorded delivery.

keep copies of all correspondance with these cretins and never spk to them on the phone.

[LIAM1234]

Although an overdraft is not covered by the CCA, they should still be able to prove the status of the debt.

 

When you initially took out the overdraft you would have received a letter laying out the terms and conditions of the overdraft, this along with the statements of account are what they would need to provide to show the status of the debt and that the value stated is correct.

 

If the account has any charges which can be reclaimed, it may be worth considering beginning actions to reclaim these as it would place the account in dispute

 

I have received a reply thanking me for my request but that in order for them to progress this request they need my signature so to resend the reuest but to sign it!! From reading other posts on this site they do not need my signature at all and will probably just use it to fake a copy of a signed agreement! Can someone advise why they might be asking for a signed request and also how should I respond to this request from them? Thanks

[cerberusalert]

Tell them you'll pick it up from your local branch and produce i.d then such as your photo driving licence or passport.

[LIAM1234]

Although an overdraft is not covered by the CCA, they should still be able to prove the status of the debt.

 

When you initially took out the overdraft you would have received a letter laying out the terms and conditions of the overdraft, this along with the statements of account are what they would need to provide to show the status of the debt and that the value stated is correct.

 

If the account has any charges which can be reclaimed, it may be worth considering beginning actions to reclaim these as it would place the account in dispute

 

Thanks spamhead! What charges can be reclaimed? I understand that this debt seems to be still in-house with D&G soliciors who act on behalf of HSBC. I have told them that I wont be sending my signature and they are going to be sending me out my statements ect as i have now requested. Wha should they legally send me? As its in-house i have little doubt that they will be able to provide the necessay to satisfy my requests and as im keen to clear my debts am about to offer a F&F in the hope to settle the debt - do u have any advice on this?

 

Thanks!

[spamheed]

They should send you a copy of the agreement, although there is statute which states that they do not have to send you a duplicate of the agreement you signed, if they wish to enforce it in court, then they would need to produce the original.

 

If there is any doubt over the existence of the CCA, then this increases the chance of a decent F&f, in the meantime, do as cerberus suggests and offer to attend a branch with your passport

[LIAM1234]

Tell them you'll pick it up from your local branch and produce i.d then such as your photo driving licence or passport.

 

I have told them that I wont be sending my signature and they are going to be sending me out my statements ect as i have now requested. What should they legally send me? As its in-house i have little doubt that they will be able to provide the necessay to satisfy my requests and as im keen to clear my debts am about to offer a F&F in the hope to settle the debt - do u have any advice on this?

 

I have also told them (following your advice) that any info (if they are not happy to send to me direct without a signature) that they should send it to my local branch! They have sinced backed down on this request and seem to be co-operating with my request!

 

However, do u have any advice on negotiating a Full & Final Settlement as I am hoping to obtain some money (not enough to satisfy all my creditors in full) and want to try and clear these debts if I can!

 

Thanks! Your advice has been very helpful!

[spamheed]

I have told them that I wont be sending my signature and they are going to be sending me out my statements ect as i have now requested. What should they legally send me? As its in-house i have little doubt that they will be able to provide the necessay to satisfy my requests and as im keen to clear my debts am about to offer a F&F in the hope to settle the debt - do u have any advice on this?

 

I have also told them (following your advice) that any info (if they are not happy to send to me direct without a signature) that they should send it to my local branch! They have sinced backed down on this request and seem to be co-operating with my request! They know this law a lot better than you and rely on it every day, they know fine well there is no stipulation or requirement for you to produce a signature. possibly a little gamesmanship to ensure you know who's in charge eh

 

However, do u have any advice on negotiating a Full & Final Settlement as I am hoping to obtain some money (not enough to satisfy all my creditors in full) and want to try and clear these debts if I can! There is no hard and fast set of rules when negotiating a full and final settlement, however you should be aware that these forums are full of people who have settled in such a manner, only at a later date to have another DCA show up to collect the remaining balance. Ensure that everything is in writing, any final agreement must be made in writing and clearly state that it is in full and final settlement of the debt, any variation is unacceptable. None of this, "well that's what we mean" if it doesn't clearly state as much, then it can be sold on and the remaining balance enforced. You should also ensure that such a settlement is reflected on your credit file

 

Thanks! Your advice has been very helpful!

 

The normal suggested starting point for a f&f settlement is around the 20% mark, (lower if you feel that you can get away with it)

 

Good luck and let us know how you get on

[cerberusalert]

What should they legally send me?

All the data they hold on you; copies of agreements, statements, letters, transcripts of phone calls etc.