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

[hollysmum]

Cheering news indeed, unclebulgaria! I wouldn't put it past any of them, mind you, to sell it on yet again, regardless.....

[BankFodder]

I'm afraid that we get lots of people believing that if something's gone silent, it has gone away. It's often not the case. I think that you should take your own steps to bring it formally to an end.

 

I see that you made an SAR request and that the bank may have attempted to satisfy that your husband never collected it because he was worried about the signature they required. Of course the conditions they tried to impose were unlawful – but I have the impression that you have done anything about this either. So you haven't seen the SAR and you don't understand the reason for the error.

 

This tends to mean that it could all start again and you would have to start working again from scratch.

 

I don't think I would leave it simply lying there. At the very least I would write to them and tell them that as it has been so long since they have done anything about this, you would like them formally to discontinue the action and to confirm to you in writing that this has been done.

 

I understand also that they have complied with the CPR 31 request. If that is the case then I would draw that to their attention as well and I would tell them that if they don't comply with the CPR 31 request and additionally (not alternatively) if they don't discontinue the claim then you will make an immediate complaint to the solicitors regulation authority because you consider that their litigation has been abusive and it has caused you an enormous amount of trouble and stress.

 

Give them seven days to respond.

 

Let us know if you get any reply

[BankFodder]

I'm also going to add that I think that you shouldn't even leave it there. I think you should double check your credit file. I think you need to get the SAR I understand that your husband is ill and also not very technologically minded but I hope that you will forgive me if I say that I think that his attitude has been unhelpful and has made extra work for you. Somebody needs to explain to him very gently that he could be more cooperative in life would be easier for everybody – and maybe to him later on in cases thing rears its head again.

 

Furthermore, it seems to me that there could be some reasonable compensation around if you are prepared to start digging a little further. Don't forget, that if it does crop up again – and I'm afraid these things often do – then you will have to start digging anyway. The longer it goes on, the more complicated it would be to disentangle it.

[dx100uk]

the claim is stayed

go enjoy your life.

 

 

dx

[hollysmum]

Hi, again, dx and Bankfodder.

 

 

Firstly, Bankfodder,

I do get where you're coming from on the co-operation thing, and hubby being not very technically minded

- however, it really isn't a problem for me to take it on on his behalf

- his illness is of the type that makes me very glad he's still with me.

 

 

I really have appreciated the information and help that has been given to me by everyone on this site, it's invaluable.

 

 

We were both very much panicked when the claim arrived, and probably didn't go about things in the most effective manner until after I'd logged on here.

 

I tried very hard to check on MCOL about the status of the claim,

but it now rejects both the claim number and the password!

 

 

I did write, on hubby's behalf, to Howard Cohen asking them yet again for any form of proof that the debt was his, and in addition, proof that the debt was not statute-barred, whoever might be responsible for it, and, if they couldn't/wouldn't provide this, I demanded that they drop the claim forthwith. This was back in January, and we're still waiting for anything at all.

 

The results of the SAR were much as we expected

- all sorts of things that were completely unknown to either of us.

 

 

We went to collect it from the bank branch, and in fact, they were quite happy for him to sign for its receipt after adding a sentence to say that, by signing for it, he was not admitting that the account was his, or words to that effect.

Yes, he probably did cause unnecessary delay by refusing, initially, to just sign and go, but by then, he was suspicious of anyone and anything!

 

I will ask hubby what he wants to do next

- I am going to suggest what you say, Bankfodder, that we at least write to Howard Cohen, and I will also go back through the paperwork we have, just to refresh my mind.

 

 

Whether or not he will want to pursue compensation is another matter.

Whilst this has been a huge upset to us, his illness has kind of put things into perspective.

[BankFodder]

It is rather concerning that you can't get into MoneyClaim to check the status of the action.

 

I'm afraid that these things don't normally go away. If you think that they have because everything has gone silent then you tend to get a bit of a surprise when they suddenly rear up and bite you on the bum.

 

I suggest that you contact the court as quickly as possible both on the telephone and in writing and asked them what is going on.

 

The last thing you want is that there was some hearing date allocated which you didn't learn about and in fact some decision has been taken in your absence.

[hollysmum]

Totally agree, Bankfodder - I have no doubt whatsoever that they would try again. I'll come back with any further news. I've been checking on ClearScore, and so far, it keeps saying that there are no CCJs, but I'm that suspicious, I won't believe it myself until it's confirmed.

[dx100uk]

the claim is stayed they cant go anywhere with it

and if they do

the court would notify you.

 

 

its quite std for MCOL to have a hissy fit

but it wont show a stayed status anyway, never does.

[hollysmum]

Thanks for that, dx. I've found MCOL to be quite "limited" in its user friendliness!