Hoist/? Claim Form - old husbands HSBC OD 'debt'

[hollysmum]

Good morning everyone!

 

My partner has had recent contact from this shower, who are acting on behalf of HSBC.

A while ago, my partner opened a bank account with HSBC.

He admits to running into an overdraft of £200, and, because he panicked, has ignored a number of letters from them trying to resolve it.

 

He realised he couldn't ignore it any longer when a text message came to my landline for him, and I happened to pick this up, and asked him about it.

 

he did telephone them, and spoke to the ethereal "Chris", who said that, if he coughed up instantly (there's no way he can), he would only have to pay £240, and not the £308 that they'd quoted (£108 being the "penalty" for not paying back the original £200).

 

He has never denied that he owes the £200, but trying to set up an arrangement to pay in instalments is proving difficult.

He telephoned "Chris" again about a week after the original call, and got his ansaphone, on which he left a message asking to be called back. That hasn't happened, at least, we've not had a call from "Chris".

 

Another text message came to my landline last Saturday morning, from the equally ethereal "Claire", saying that no payment had been received, and they couldn't hold off further action any longer.

 

He immediately phoned the quoted number, and found that the office was closed, even though someone somewhere had triggered off the text message, and so he left another message, saying that he was going to be out of the country until 4th October (he's a continental coach driver, and often away for more than 7 days at a time), please would "Claire" phone him back then, as he wanted to make arrangements to pay.

 

I am typing a letter for him to send to them, as I think we should now deal with this only in writing

- I'm sick of having to deal with text messages, and tw*ts who don't phone back.

 

I have already suggested that he offers to pay £10 per month - this is what I would like your views on.

 

Should this be agreed, what would be the best way to make payment each month?

Neither of us is keen on trying to set up a DD or SO

- I've read too many horror stories on this site!

 

I've offered to write a cheque for him each time, but he's worried that they'll then have MY details, too, and try other nefarious things. He likes the idea of a postal order.

 

Your opinions would be very gratefully received.

 

Thank you all in advance.

[unclebulgaria67]

. He likes the idea of a postal order. Your opinions would be very gratefully received. Thank you all in advance.

 

If I were in this position, I would not let them take control of this situation. I would just write to them offering £xx per month and send them a cheque/postal order for the first payment. Ask them for the details, so that a standing order can be set up. Point out that due to financial circumstances, this is all that he can afford to pay back each month.

 

As the overall amount is not that much, if you offered £10 per month, they would probably accept. But be careful about them adding additional charges or interest. You don't want to be in position where after a year of paying, the balance of the account, has not reduced. So in the letter, you should state that the monthly payments will be paid, on the basis that no additional charges or interest will be added by HSBC or anyone acting on their behalf.

 

See how they reply. I think it is worth a go.

[jimbo45]

Hi there

Step 1 Get a Parachute Bank account say at the Coop who don't do Credit checks for a basic bank account -- that at least will prevent the Horrendously Swindly Banking Corporation from emptying your account when you next get paid.

 

Step 2 - write to the same Swindly Bank requesting a breakdown of charges -- unfortunately a recent case seemed to allow a Bank to charge XX GBP A DAY for unauthorized overdrafts -- amazing we Bail out the Banks and THIS is how they treat us.

 

Step 3

 

Write saying again to the Swindly Bank saying you can pay XXX as a full and final settlement -- see what happens.

 

You can explain that YOU HAVE NO MONEY to pay more and if it did go to court the Bank would probably only get 1 GBP a month.

 

The main thing is to get interest and charges STOPPED otherwise you'll be on this treadmill FOR EVER.

 

Anyway send those (always by recorded delivery) and wait to see what Horrendously Swindly send back.

 

Don't deal with the DCA in this instance AND DO NOT PHONE EVER.

 

Cheers

jimbo

[hollysmum]

Thank you, unclebulgaria - I will add in the bit about the no additional charges - I wouldn't put it past them to bung on a few more hundred, either! I've also put in my letter that we will not be responding to any contact other than that put in writing from now on. I want proof of everything!

[hollysmum]

Jimbo - thank you so much for your reply. Thankfully, the account is now closed, so I'm hoping that the Horrible Swindly Bank Corporation will be kept out of this performance. I have to say I'm still not sure why he opened this account, as he already had one at Natwest (and still does), where his wages are paid in. I may be able to prise that information out of him when he gets back from Germany!

[hollysmum]

I thought I would just update this thread. Whilst my partner was away in Germany (strangely, he wasn't lying to "Claire" when he phoned her number), I had two further landline text messages, so they clearly ignored the message he left on "Claire's" ansaphone. He was delighted with the letter I typed up for him, and we have sent it off first class to CRS. Just as he left for work on Saturday morning (2nd Oct), the phone went, and it was them again, wanting to leave a dratted text message!!! I simply hung up. We now await their response to the letter. If it's really exciting, I'll post again!

[hollysmum]

I've just realised that "CRS" actually seems to cover several companies! Please could someone confirm to me the debt collection agency's address? I've spotted "Churchill Recovery Solutions" "Credit Resource Solutions" and "CRS Debt Collection Solicitors" - I'm bothered that we've sent our letter to the wrong one!!! Thanks very much.

[hollysmum]

Good morning! My husband received a Claim Form mentioning this Hoist lot yesterday, telling him that it was in respect of an unarranged overdraft at HSBC, which was initially £345, but with added charges and fees, the sum was now over £1000. The thing is, he's never banked with HSBC. Clearly, we can't ignore the form, or he'll have a totally undeserved CCJ made against him, but please could you advise how we should complete the claim form in order to make them aware that he's never banked with HSBC and therefore, this alleged debt is not his? Thank you so much - Catherine.

[hollysmum]

Good morning!

 

 

My husband received a Claim Form from the Court Business Centre in Northampton yesterday, in respect of Hoist something-or-another, regarding an alleged debt of around £340, which was apparently an unarranged overdraft at HSBC.

 

 

He's never banked at HSBC, so the debt cannot be his,

but of course, we need to respond, or he'll end up with an undeserved CCJ.

 

 

I should add that with "charges" and "legal fees" the full amount they allege he owes is over £1000.

 

 

What is the best way to complete the form to ensure that they know he does not acknowledge this debt?

 

 

Thank you very much for your help

 

 

- Catherine.

[Old Cogger]

acknowledge the claim form on MCOL details on the claim form to sign into MCOL, that gives more time to deal with it,

 

& fill this in so we can ascertain the case better?

 

 

http://www.consumeractiongroup.co.uk...-December-2014**

[AndyOrch]

Thread moved to Financial Legal Issues in view of the claim.....

 

If you could read the following link and then copy and paste the Qs and your responses back here so we have all the necessary information to advise on how to proceed with the claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Regards

 

Andy

[hollysmum]

Sorry, Old Cogger, ignoramus here doesn't know what MCOL is???

[AndyOrch]

MCOL is Northampton Bulk Claim Centre (Money Claim on Line)

 

You can deal with the claim by registering to use this service...all the details are in the response pack with the claim.

 

But complete the above link first...then we will get to MCOL later.

[hollysmum]

Cheers, Andy!

[hollysmum]

Thanks very much Old Cogger and Andy - I've printed off the information to take home to my husband this evening, and we can go through it. Catherine.

[dx100uk]

hows this going???

 

 

dx

[hollysmum]

Hi, dx100uk

- we sent the Claim Form acknowledgement back telling the court that my husband will most certainly be defending the claim.

 

 

We have also written to the "solicitors" named on the claim, Howard Cohen & Co, and also Hoist whatever-they-are telling them that we've done so.

 

 

I noted that the date given under Particulars of the Claim mentions that the alleged debt arose or was sold to Hoist whatever-they-are on 17th September 2010.

 

 

The claim from the court is dated 19th September 2016,

so in the letters,

it has been suggested that,

whoever is responsible for this alleged debt,

it is very likely to be statute barred now.

 

 

We have made absolutely certain that we have stated as often as possible that my husband denies that he owes this alleged debt, and most definitely not to Hoist, or the original creditor, HSBC.

 

 

We sent off a CPR 13 (is that correct, I've not got the paperwork with me to check) request for copies of the "agreements" and any other paperwork that they consider proves his guilt,

 

 

all done by "Signed For" post, and keeping proof of postage.

[AndyOrch]

Pity you didn't do it on line as advised post#5 ...more secure and free.

 

CPR 31.14 (Current Account version) to request documents (Solicitors)

 

 

If its an overdraft you cant request a copy of the agreement...there is none.

 

Andy

[dx100uk]

if the debt is 100% SB'd

which it looks like it is.

 

then go file the SB defence on MCOL website NOW

no need to wait

 

The following defence is all you need if it is SB

 

 

1. The Claimant's claim was issued on (insert date).

2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3. The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

 

..ends..

[hollysmum]

Hubby's choice to do it by post, Andy, and I take your point regarding documentation for an overdraft - as it didn't exist in the first place, I think they'll have a hard time finding any evidence in any case! We've obviously kept copies of everything we've sent, and I'll track the letters' delivery, of course.

[hollysmum]

dx - I've not got the paperwork with me to refer to, but will jump online as soon as I get home this evening, with hubby. Thanks so much for all your help - I'll come back with any update. Catherine.

[dx100uk]

well by NOW I meant you don't need to wait till day 33!! your defence deadline..

[hollysmum]

Ha ha! Obviously! I've created an account for him, anyway, so we can get straight on with it when I can see all the reference numbers etc.

[hollysmum]

Good morning! I posted in September about this, but can't now find my original post - sorry! Please could you good people give me some guidance regarding the forms that have now arrived from the Courts Centre in Northampton?

 

The background to this - a Claim arrived totally out of the blue (no previous threatograms or anything from Hoist or anyone else) in mid-September. It concerns an alleged outstanding overdraft, the original creditor being HSBC. The claim is against my husband. It is not his debt - he has never had any account, ever, with HSBC.

 

The form was completed with this defence, it not being his debt. It wasn't until we'd sent back the form (having been perhaps understandably concerned to get it back in good time) that I took a far closer look at it and realised that, whoever's debt it is, it is now statute barred - the date mentioned on the claim details was, I think, 15th September 2010.

 

We wrote to Hoist, their "solicitors" Howard Cohen and also to the Courts Centre, to point out this fact, and asked that, it being apparently statute barred, and not my husband's debt anyway, that the claim against him be dropped forthwith, unless Hoist/Howard Cohen could come up with any evidence to suggest otherwise within 21 days. We had heard absolute diddly from anyone until the forms arrived from the Courts Centre yesterday.

 

It is headed "Notice of Proposed Allocation to the Small Claims Track", and we have to respond by 14th November. Under "Important Notice" it says "If you do not comply with this notice, the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement". What confused me a little was under "TAKE NOTICE THAT" it says "This is now a defended claim. A copy of the defence has already been sent to you by the defendant". Now of course, my husband IS the defendant, and we only sent stuff back to the Courts Centre, not to anyone else. Is what he has received, therefore, a copy of what has gone to Hoist/Howard Cohen?

 

Attached to this notice is a Directions Questionnaire (Small Claims Track), an N180, I believe. Then, there is an EX730, which says "Would you like to settle your case without going to a court hearing?" and goes on to explain about mediation. I should say that we've never received anything in the form of evidence against my husband, i.e. nothing to prove that the debt is his, and as I said, nothing from Hoist/Howard Cohen, ever, prior to receiving the Claim notice in September.

 

Simply because it is relevant to us, I will tell you that my husband is recovering from a massive heart attack, and I have therefore been acting on his behalf during this imposition from Hoist/Howard Cohen. He simply does not have the strength, physically or mentally, to try and deal with this right now.

 

Please could you advise me how I should now proceed on his behalf? What should I put on the form, if anything? Needless to say, I do not want to incur any expenditure if it's not necessary.

 

My very grateful thanks to you all. Catherine.

Edited November 2, 2016 by Andyorch
Paras

[AndyOrch]

Threads merged...to find your threads go to User CP .....started threads.

 

Andy