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Spike2014

HSBC & MKDP / Compello Group - threat of CCJ

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Hi all

 

 

Firstly apologies this is my first time posting, have had a good look around the site and am very impressed.

I've been able to kind of answer my question by studying other posts here but would appreciate peoples opinions if they have time.

 

I defaulted on a HSBC current account that was overdrawn in September 2009.

The amount was approx. £4000 and was mostly unfair charges from the bank.

I did attempt reclaiming charges prior to default but in the end just gave up, cowardly I know.

 

Since 2009 I've moved addresses a few times and had letters from Compello Group chasing this matter up.

 

Until now I've just ignored everything (possibly a stupid idea)

 

Lately the letters have been coming from MKDP arm of Compello and the latest one looks a little more serious. Its a fishing letter no mistake

 

"We have undertaken further investigation using Credit Reference Agencies

in addition to other reliable databases and understand you reside at this address"

goes on to say about an instruction to pre-legal department

and if the matter proceeds possible CCJ, Balliffs or Attachment of Earnings.

 

The matter would be Statute Barred by my calculation later this year (September 2015),

but have read on here firms like MKDP go for a CCJ to prevent it becoming SB ?

 

Should I go for it with the SAR, CCA letters do you think ?

Or am I just entering a big next of vipers ?!

 

Thanks folks

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ps I meant a Nest of Vipers btw. Don't want to give MKDP any encouragement, but at all costs need to avoid a CCJ. thanks again

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you cant CCA

its a bank account

 

 

I would suspect you have one of MKDP's

many threat-o-grams

that they send out as they know the account in approaching SB or its gone over

 

 

and they need to try and fleece you

but using every other word in the book bar WILL...anywhere.

 

 

read it CAREFULLY.

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hello again

 

 

If you can't CCA is there anything I can do now ? Really don't want to face a CCJ from these people

 

 

thanks S

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I would certainly be sending HSBC an sar get all the statements

or atleast get a spreadsheet knocked up using their OD int rate

and see where that leaves the balance.

 

 

if MKDP have only sent one letter so far

then I'd be keeping quiet where they are concerned.

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi D

 

 

Have been receiving letters every 5 to 6 weeks from MKDP for approx. 18 months or so now. Have never replied and in the latest letter they still mention they are unsure i'm actually at this address.

 

 

Will definitely do the SAR request to HSBC

 

 

Thanks for your advice ! Not sure where this one will end up

 

 

thanks S

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Freeman of the land rubbish

 

You,be now alerted them and invited letter tennis

 

You should have kept quiet

 

Fotl rubbish is always doomed to fail

 

DX


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Old and new threads merged

 

So did you sar HSBC to get the statements as asked before?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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The three letters are consistently a load of balls, I'm sorry to say. I assume you got them elsewhere.

 

They are correct, there is not required to be an executed agreement for a current account. The are legally exempt under s74 CCA1974.

 

Are you denying that the overdrafts in question were yours?

 

If so, then you should put them to proof is a more sensible manner, and perhaps progress things to the FOS if you are not satisfied with the proof.

 

If not, then dispute the validity of any charges that make them up if you think you have grounds.

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Ah yes, the three letters con!

 

You can completely ignore any FMOTL stuff when it comes to financial matters, believe me, it will only end up one way, and they will win.

 

Much better to play these at their own game.

 

Now depending on exactly what you said in these 3 letters, will depend whether or not you've reset the limitation clock.

 

Where these current accounts?

Overdrafts?

Loans?

 

As they were post 07 then they will more than likely be CCA compliant.

 

How much of these accounts are made up of reclaimable fees/charges?

 

Have you checked your credit files to see what is on there?

 

For the time being, I would stop poking them.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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It's still complete tosh. No matter how many letters like that you write. Sorry to be blunt.

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ok fair enough I didn't realise. I got the impression MKDP had bought an unenforceable debt unless they could supply what was requested in the letter

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They were a combination of overdraft on a current account and a loan consolidated into 2 amounts (2 separate accounts) will post what I sent in the letter below

 

OK, have they amalgamated these accounts?

ie. lumped the overdraft in with the current account?

 

And is this two separate loans?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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one was purely a current account that got overdrawn, that's the smaller one - £1900

 

 

The other was a current account that got overdrawn + a consolidated loan + a flexiloan in there too - £4700

 

 

thanks for replying on this folks

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If separate loan you can CCA that, but PLEASE use the proper letter in the CAG library.

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one was purely a current account that got overdrawn, that's the smaller one - £1900 How much of that is fees/charges? And have you reclaimed them yet?

 

The other was a current account that got overdrawn + a consolidated loan + a flexiloan in there too - £4700 Same applies here, reclaim any fees/charges on the current account. The consolidation loan when did you take that out? And the flexiloan, when did you take that out?

 

They CANNOT lump a current account and loans together, as they will have completely different T&C's interest rates, and charges, so if they have put them all into one, then the first thing to do is to tell them that if they fail to sparate them and treat them as individual debts then you will be reporting them to the FCA to investigate.

 

Was the current accounts planned overdrafts or unplanned?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Duplicate threads merged

Again

Please keep to one thread

 

Fotl spiel needs removing in numerous posts

 

I.all do it later

 

DX


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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You need to look up managed loans. Threads here

 

Looks like HSBC dropped you in it

Then sold it all on

 

CCA is a must

As is an sar to hsbc

 

Their comms log usually trips them up

 

Non CCA and CCA stuff can't be merged

 

Dx

ally be


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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