HSBC claiming I owe money with little evidence

[renegadeimp]

More than 1 unsolicited call constitutes harassment. To stop then calling you, you need to send them a telephone harassment letter. If they break your instructions in that letter, they are liable for a hefty fine.

[citizenB]

Some SB information for you.

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

 

 

This is from the CSA's own guidance.

 

 

However, if your debtor has stated that they will not be paying a debt because it is statute

barred, these accounts should be closed and your records updated appropriately. This will reduce the

number of accounts that could be placed back out for collection or sale, which in turn could lead to complaint

and create further issues for the industry in this area.

 

Stat barred debt[1].pdf

[arcticsponge]

Well, its been a little over a week since I sent the letter, the phone calls stopped on Monday (18/06) - a little after 4 days after I sent my letter and I have heard nothing from them as yet.

 

Hopefully (and in an ideal world) this is over but I suspect that they are either investigating or, have closed the account and are looking for the next sucker to flog the account to...

 

Whilst I shall be glad of the rest, I was thinking that in my response to their response of advising them to seek legal advice against HSBC for breach of contract for selling them a clearly stat barred account on the basis that the consideration (of the contract) in this instance my alleged debt is unenforceable and thus meaningless rather than actionable and collectable, just for my own giggles