My HSBC Debts and a CCJ

[Guest]

why not send them a cca request, see what if anything they come back with. take it from there.?

[Guest purplemushroomfairy2]

Hi I sent a CCA request in 2008. They initially repiled three months later saying that they did not have one. The debt has been in dispute since 2008.

 

Last week they wrote returning two cheques that had been cashed saying that they 'do not apply s 78 to overdrafts' they are reuesting that I provide them with the legal reason why they cannot demand payment.

 

So I ask again - do agreed overdrafts come under s74 of the Consumer credit Act? If so is there a template?

Thanks

[Guest purplemushroomfairy2]

OK, I have just found this on the OFT website. Am I right in thinking that whether they decide to take notice of the CCA request according to the OFT overdrafts are now covered. READ and let me know please,

 

Consumer Credit Act 1974 ('CCA'), Financial Services and Market Act 2000 ('FSMA') and Payment Services Regulations 2009 ('PSRs')

As of 1 November 2009 payment services will be subject to a single regulatory regime - the Payment Services Regulations 2009 (PSRs). The PSRs are designed to harmonise the standards of customer service for all payment transactions throughout the European Union. This changes the existing arrangements for banking regulation.

The Financial Services Authority (FSA) will be the new regulator for most aspects of the regime, taking over all retail banking conduct regulation for deposit taking and payment services. The FSA has drawn up Banking Conduct of Business rules and these will sit alongside the PSRs.

However, areas of retail banking which fall outside of the FSA's remit, such as overdrafts and credit card lending, will continue to be regulated under the Consumer Credit Act 1974. The Office of Fair Trading (OFT) has a duty to license and regulate businesses involved in consumer credit activities provided that they satisfy the OFT they are fit to hold a licence. As well as retaining responsibility for the CCA areas, the OFT will also have responsibility for Part 8 of the PSRs which deals with competition issues relating to access to payment systems.

 

• Read questions and answers on the OFT's role in enforcing Part 8 of the PSRs (pdf 140kb)
  

As a result of these changes the OFT and the FSA have agreed a concordat between the two organisations which sets out our division of responsibilities and how we will co-ordinate our work and ensure effective and consistent delivery of consumer protection in this are

[Guest purplemushroomfairy2]

Hello,

In 2005 our business went under .

We have been fighting various debts and repossession for 10 years now.

In 2006 marlin bought some if my HSBC debts. They were all put in dispute because no CCA, one sadly turned into a CCJ despite paying it but we sorted that three years ago.

 

HSBC had agreed to a full and final settlement and to reclaim all disputed debts that they shouldn't have sold on.

They didn't even though they made nefarious promises to marlin to pay them 8K.

As a result we weren't able to remortgage because they refused to keep to the agreement .

Long story short, HSBC changed solicitors last year to Eversheds who have been horrendous and won't consider the previous agreement,

My credit file is now clean and all of the old debts are now statute barred.

I received a letter from moor croft on Saturday giving me 10 days to give them the name of my new solicitors??

They are still trying to get the money for a debt that is now statute barred and has not been paid for 7 years.

I really don't even want to contact them again as I can't have the six years starting again.

Actually feel that by now we should have been sorted.

[fkofilee]

Once SB you cant restart the clock

Writing to them acknowledging or making a payment will not start the 6 years again/

[havinastella]

You mention solicitors are involved. Is this a claim against you or you against them.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-**Update-21st-April-2014**

 

Send Moorcroft the statute barred letter as above.

[Guest purplemushroomfairy2]

Hi,

I have an alleged debt (overdraft) with MCE PORTFOLIO formally MARLIN.

 

 

I have written every letter I can,

placed it in dispute in 2008,

it became statute barred in 2014.

 

They have been arguing the overdrafts don't fall under the consumer credit act,

I found part that said they do.

Company have never had CCA and the original creditor claimed it on court back in 2010.

 

Thought it had gone away,

but today recieved letter informing me they were going to get a CCJ,

despite no payment plan ever being entered into and it's been in dispute for 8 years and it's statute barred .

 

Obviously I am worried , the letter took 7 days to arrive and I am off tomorrow for a fortnight .

 

I emailed them from a new email statements to the effect of ,no alleged debt, alleged debt in dispute , statute barred, harrassment etc etc

 

I have tried so many things , but they are like a dog with a bone and keep coming back!!

 

Any advice great fully received

[fkofilee]

They do fall under the Consumer Credit Act... BUT they are not subject to CCA Requests.

If it does go to court and it is deffo SB, then it's a complete defence.

 

Dont play letter tennis with them.

[SabreSheep]

"Company have never had CCA and the original creditor claimed it on court back in 2010"

 

we need to know what happened with the court?

[dx100uk]

numerous threads merged yet again.

 

 

every so often the OP decides to start a new thread on one of the debts.

[dx100uk]

pers I'd be ignoring them until/unless they issue a claimform.

 

 

then it will be easy to kill it with the SB defence.

 

 

its better sometimes to not enter into endless letter tennis with them.

 

 

dx

[Guest]

poss looks like was stayed? and claimant now thinking of lifting to try obtain judgment?

overdrafts after feb 11 are subject to s61b con credit act agreement requirements. before then, no cca only the oft determination re o/d's.

statute bar re o/d's cld be difficult as current a/cs can run on until called in. depends on the full circumstances/terms.

anyway, op is away for a couple of weeks. update awaited on return.