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    • As I recall the only thing you tried telling us was based on a quote that you selectively edited by Lord James of Blackheath. You misrepresented it as a statement of fact when it was actually a question which was laughed at by his peers in the House of Lords.  We told you it was garbage, you asked us to prove it and we did.   Remember?
    • you need to realise that for every person that does come to CAG and register and tell their story...there are poss 10'000 that don't but search the interweb whereby threads that are here pop up relating to like issues they are searching upon.   Most CAG siteteam and many other registered Caggers give advice that bears this in mind and post information which not only informs the starter of a thread upon what to do, but also takes into consideration the readers from the interweb that also read the relevant advice given that might not be brave enough to register and fess up.   to that end, there is very little alternative than to appear to give 'grief' [you deserve it - tough] to a cagger should certain previous advice not have been followed.....yours is a very classic case of such. hey I've found a backdoor CCJ.   to put it bluntly, had you have followed such previous advice, you most certainly would not be in the situation you are in here now.. .so by example, not giving you grief, for future readers...………..   ...never ever move without informing a debt owner of a move of address on any consumer debt that you last used or paid within the last say 7yrs. your credit file is a major key to ascertaining that information.... .but don't just read this advice come to the consumeractiongroup.co.uk website and let us help.   lecture over... what can you do..or more importantly....what can a claimant do now they have a default forthwith judgement against you. well we can't guess.... they might simply ignore it as 1000's of people with CCJ's find out..but it becomes an issue should you wish to say get a mortgage, remortgage or further credit.   i'm not going to enter into any of that here...that's for the reader to start a thread here and seek advice on their individual situation specific to them as you have done....   so...  bearing the all of the above in mind...over to you with regard to this backdoor CCJ.   as for the other debts that you didn't action before...go read your old thread and action what appropriate advice is given there for each type of debt that has been given should you wish to avoid any further backdoor CCJ's.   dx                    
    • hello my very good helpful friend. I am afraid to say that i did not. As i did not realise the relevance of it.   Should i be doing this right now of anyone on my credit file ?   Plz don't give me grief if u have already advised me...   do i do the ccs request now to everybody in that thread ?    
    • aha busted and stupid ...no wonder you've got mixed information here. never trust anything they say ..they have a very bad reputation for stating the truth.   now can you go get your credit file please..   there are cases whereby a council on historic CTAX debts do go for a county court CCJ, but a liability order from a magistrates court has far more clout legally than a county court CCJ and i've never heard of a court sending a bailiff out for 'multiple' CCJ collection.   me thinks he is pulling the wool here a bit and has looked at your credit file and seen CCJ's too so thought he'd chance his arm and use those as further leverage.   don't worry about the sat visit simply ignore do not answer the door if he appears. your task is too gather data at present.   credit file please..        
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Hi everyone - I'm in a sticky situation. I went to live abroad for some time in 2015 and I'm back now.

I was sure before I left that my UK HSBC account was at 0 but it wasn't due to some overdraft that I gone into without knowing which later led to the account being closed.

I just received a letter from Cabot today saying that I owe them a balance of £1347.86.

 

I spoke to HSBC earlier in 2017 and they said to me that the account in question was closed and that I owed something in the region of £200 due to overdraft.

I can't remember the exact details but I assume they said the debt was written off, otherwise I would've paid the debt right away then.

This also makes what Cabot are saying quite confusing because they're saying I still owe this debt and that the fee is larger than I was told by HSBC.

 

I phoned Cabot right after I got the letter and they told me that it was probably Direct Debit that caused the fee to be so high.

I had no Direct Debit and I never admitted liability.

 

I asked whether they have the T&C's of the agreement I had with HSBC, to which they said no.

I also asked if I could have evidence of the debt but they said they didn't have anything on their side and they'd need to make a dispute with HSBC.

For that I said, I'll contact them myself and get the details so they'll put the account on hold.

 

What do you guys think?

Someone told me to get this all in writing sent to them either in email or post.

Should I do that?

Please let me know what to do since I have no idea!

 

Many thanks in advance.

Edited by dx100uk
spacing

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slightly retitled and moved to HSBC forum.

1st things 1st

 

a DCA is NOT A BAILIFF

and have

ZERO legal powers

 

never ever ring a DCA..

 

if the balance is charges etc

which are unlawful anyway....i'd let cabot do their worst and issue a court claim.

 

you could if you wish WRITE to them

clearly stating along the lines of:

 

Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments.

The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009).

 

I will contend at trial that such charges are unfair in their entirety.


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Thank you sir! I'm new to this world so all your help is greatly appreciated.

 

ny alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments.

The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair termsicon in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009).

 

I will contend at trial that such charges are unfair in their entirety.

 

Am I right in understanding that if the account was closed due to overdraft fees etc then there is no legal basis for them to chase me?

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no

HSBC closed it on their books

and sold it on to a fleecing debt buyer


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OK, understood!

 

And about court claims - what should I do in this situation?

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IF and it's a big IF, they issue a court summons then pop back here and a suitable defence can be advised, there's no chance this would ever be successful in front of a judge


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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Understood! Thank you so much. You've helped me a lot, I'll get a donation in after I find myself employed again.

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Could would be a long way off if it ever happens. There's a lengthy procedure they have to follow


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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OK that sounds even better. Thank you.

 

Would you recommend I send a CCA request?

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Not applicable to Overdrafts.


We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

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Hi guys. I made a post before here about my HSBC OD fees being claimed by Cabot.

 

Recently I got a job offer but need to do an SC clearance.

I heard my default from here will come up on it.

 

The problem is HSBC originally closed this account and because of Cabot it still registers as default with a highly inflated fee that I supposedly owe.

 

Is there any way to mitigate this?

 

I don't want the people reviewing the SC to think I'm ignoring this debt nor that the number Cabot shows is correct.

 

Thank you so much!

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whats an SC?

 

threads merged please keep to one thread


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My bad, thanks for that! I will do for the future.

 

SC is a security check for certain jobs? They check your criminal and credit history amongst other things.

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unless theres a CCJ it shouldnt hurt you no.

 

when did you go bandy on the od?


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Okay thanks a lot dx100uk! If I get the job a big donation coming you guys's way.

 

The OD was around 2015.

But on my credit check it's still pretty recent thanks to Cabot buying it a few months ago.

Does that affect things?

 

Ah looking at it now...

The default for the OD was in 2016 but Cabot seems to have listed it only a few months ago.

I literally have a string of 0's until it pops up for the last few months

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doesn't matter who lists it as long as the dca/debt buyer doesn't alter the defaulted date filed by the original creditor.


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Sounds good.

 

Is it worth mentioning that the DCA have jacked up the owed sum and that they haven't asked HSBC to find out the actual sum?

 

My worry is that the vetting team will look for evidence that I'm not avoiding the debt/I'm making means to pay it.

 

Obviously I shouldn't pay it based on your previous advice but I do want to look as good as possible to the vetting team.

 

Any thoughts?

Edited by iamgnome

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dca didnt jack it up.

only the oc can add anything.


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Okay thank you!

 

I was told the sum was way lower by HSBC so I'll probably need to investigate that.

 

Any thoughts on what I should say RE: showing evidence of repayments?

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to whom?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Ah I should've explained.

 

I mean to the vetting agency.

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why have you got to say anything.

its a default not a CCJ.

 

the balance is most probably all unlawful interest on unlawful OD charges vicious circle that HSBC levied anyway

and this can be disputed with them directly.

 

a dca certainly is not going to get anything much if anything out of you even in court.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thank you sir! You've lightened a lot of my stress!

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Hello everyone.

 

I got another letter from Cabot today.

 

They claim I could send them a final settlement offer which 'will see your balance paid off at a reduced amount, and it will be marked as such on your credit file'.

 

Is this worth disussing?

 

I understand they won't win in court but will paying off make a credit report look better?

 

Thanks!

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