HPH2/? claimform - old HSBC OD - prob SB'd***Claim Dismissed***

[Stigman]

Hi,

 

What type of debt is this? Loan / Credit Card / Overdraft?

 

When you say you requested the info, was that a CCA request? (Please note that CCA requests are not valid for overdrafts).

 

If not then send a CCA request to MKRR, enclose a £1 postal order and send via recorded delivery so you know and can prove that they have received your request.

 

If you have already sent a CCA request and MKRR have failed to comply, a letter sent reminding them that on XX date you sent a CCA request that they have failed to comply so therefore until such times has MKRR produce a valid CCA you will not be entering into any more correspondence.

 

Forget the default date, this can be added up to 6 months after a missed payment, what was the date of your last payment?

Go by that date plus one calender month for the first missed payment.

 

Stigman

[Stigman]

You need to find this out, either check your credit file as sometimes they show all of the historical data including payments or balances etc. otherwise you can obtain all of your statements from HSBC by sending a SAR, this costs £10, link to the SAR template is in the top toolbar in green "Library".

 

The SAR always goes to the Original Creditor.

 

I would also send MKRR a prove it letter, this then nails them down to providing dates etc.

 

MKRR are part of the collection arm of MKDP, MKDP are very litigious & do issue claims so to protect yourself incase of any future Claim you do need to act as doing nothing, MKRR's legal department thinks that you are failing to respond so they can obtian a claim by default and are more likely to issue one.

 

Stigman

 

 

Stigman

[Stigman]

I have the SAR info at home hopefully so I can dig out payment info tonight

 

Excellent news, before doing anything get the last date that you paid into the account, that is the important bit.

 

Then send the Statute Barred letter, but only if it is a clear 6 years or 5 years if you do live in Scotland.

 

Do not worry about the ghost payments, that is a DCA trick that has been used time and time again, but you can pin them down to the ghost payments, who made them by what method, what branch etc. etc. & then expose them for the lies which you said they are.

 

Stigman

[Stigman]

I have the SAR info at home

 

plan of action. Get the last payment date, if longer than 6 years send a statue barred letter. If not send prove it letter to MKRR then a SAR? Then ask for more help when i have more info?

 

You have the SAR so unless you need notes from telephone calls or a dispute where an internal document could aid you then save yourself a tenner and do not bother.

 

Get the last payment date, if slightly under then send MKRR the prove it letter and let them respond, that should eek out a bit of time until SB date, which will be less than 5 months.

 

Stigman

[Stigman]

The reclaim on Bank Charges ended with a Court Case & as usual a victory for the Current Regime's friends who control the Banks, however their is a piece on this on the MoneySavingExpert with a link to the thisismoney site that says you can if your in financial hardship, it was last updated in May 2014.

http://www.thisismoney.co.uk/money/saving/article-1598441/Reclaiming-bank-charges-How-reclaim-fees.html

 

Have a read with an open mind but please do not get your hopes up.

 

Stigman