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    • Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
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Carter/Lowell claim letter- HSBC Debt was current account - now Loan


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Dear All

 

New to this site and have been reading through today. Thankyou in advance for any help you can give me with this issue.

 

I had an HSBClink3.gif current account dating back to 1994 when I was a teenager.

 

Later when I was a university student they gave me an overdraft with limit £1000 in approx 2001.

 

After losing my job in October 2008 I no longer had an income to put into the account.

interestlink3.gif charges took me over the limit and HSBC then put on excess charges for being over the limit

and additional charges every time they added more interest taking me further above the limit.

 

After a few months after informing them of my situation they subsequently took the decision to convert the overdraft into a loan.

 

I could not make the loan payments (I'm not 100% if I paid the first one or not) and the account went into default.

 

Either just before the default or maybe a month or so after I sent out letters to all my creditors with offer of a token payment of £1.

Although I'm not 100% because of the length of time passed I am assuming I would have written to HSBC who were the second biggest creditor.

 

Again I may have also made the first token payment but unsure if I did.

 

I don't have a record of the default notice from HSBC in my paperwork and do not remember if I received one.

In fact the only paperwork I have on this account is a DCAlink3.gif chaser letter from a company called Direct Legal and Collections.

 

For the next year or two I received various chaser letters from Direct Legal and Collections.

All of which I binned.

Having checked my Experian two years ago I saw an entry for the debt default logged by Lowell Portfolio.

This was along with a default logged by HSBC for the same amount with defaults 5 days apart.

Both in may 2009.

 

Agreement start dates also differed (HSBC 2008 Lowell 1994).

The account number/details also differed.

HSBC default was for the new loan account whereas Lowell claim is under the original current account number

(although they refer to it as a loan on Equifax/Experian).

I also do not have in my records a letter of assignment of the debt to Lowell.

 

Earlier this year I queried the double entry with Experian who contacted HSBC and they removed their record.

I have had no other letters about this account for a number of years.

Account number on the Lowell record and on the DLC letters differ.

 

A letter has been sent to my mothers address (my original address but I did update HSBC with my change of address in 2009)

from Bryan Carter Solicitors who have been instructed by Fredrikson International

to commence legal proceedings unless payment is made within 14 days.

 

What would now be the next step?

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sorry you say this is a claim letter

 

 

or a std threat-o-gram

 

 

say may this and might that?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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std rubbish then.

 

 

is this on your credit file?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

For how long did HSBC continue to add charges once you had informed them of your financial hiccup (prior to them changing it to a loan) ?

 

Is this a Managed Loan ?

 

Was there any Payment Protection Insurance added to the loan ?

 

When they went through the means and needs process before providing the loan, did they take into account your total income and expenditure - including any other debts you might have had ?

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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The Lowell's record is on my credit file. HSBC was too but they have recently removed it.

 

Don't think the debt is stat barred as yet.

 

HSBC when informed converted the overdraft to a loan. Not sure of any additional charges at that point.

 

 

Most charges were for going over the limit which was caused by their interest charges (got jacked up after the student interest free period). Unsure of any PPI.

 

Not quite sure what you mean by a managed loan.

 

No income and expenditure questions when they converted to a loan. Everything was done over the phone.

 

Should I be sending any letters to Bryan or Lowell's before the date. Looking at other examples I think he will sends court papers to me.

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did you sign the agreement?

 

 

have you got it?

 

 

what is the default date on the cra file

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Default is May 2009. HSBC record was 5 days before also May 09.

 

I do not have the agreement. It's almost 6 years now since loan was started so can't recall 100% if I signed anything. Don't think I did.

 

Lowell's are chasing using original overdraft account number with a start date of when the account was started in 1994. Although record states loan not overdraft.

 

When converted to loan this was given a new account number start date 2008.

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then there must be a signed agreement for them to enforce it

CCA request time

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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slow down stop panicking.

 

 

cca request to carter.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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