Cabot Letter Of Claim - old HSBC OD - all fees

[dx100uk]

you cant do both no.

 

pers i'd simply send a new one now you have the correct address.

 

dx

 

[iamgnome]

Alright I'll try again with the new address in a few days. Thanks again!

[iamgnome]

finally, they got back to me.

The letter is responding to my email.

They say they'll provide everything but I need to give them a written signature.

Does this sound ok?

I know CAG are a bit wary of signing anything for these banks...

Cheers!

[dx100uk]

So you havent read all the posts in the sar link?

[iamgnome]

Thanks dx, I haven't read all of em.

I take it I don't send them the signature but ask if they can provide another way of verifying identity?

[dx100uk]

No you click sar and read the posts there.

We dont mind helping with templates but expect users to actually read the instructions that go with it......

[iamgnome]

Sorry dx, just read it again. Will sign and send on! I'm just being cautious but will take more cafe when asking for help, thanks again

[dx100uk]

[iamgnome]

dx, all - sent on the signed request for SAR, nothing from HSBC yet... However Cabot have written to say they've now passed the account over to BPO Collections because we've "been unable to reach an agreement".

 

Guess the SAR got them spooked? Either way, seems like it was a hot load of nothing if they're that willing to pass it off! What do you think???

[dx100uk]

how would cabot ever know you had sent an sar to HSBC? 

BPO collections are simply another trading name of cabot...ignore...

 

if hsbc have exceeded their 30days you need to be chasing them, .

you can also enforce in a court their compliance.

[iamgnome]

Don't they share info with each other? I always figured Cabot was under HSBC's control but do the things HSBC can't publicly be held liable for.

 

Either way, have sent a chaser and ignored BPO. They are way over their 30 days at this stage. I'll take it to the ICO if they don't respond after this.

 

Thanks again Dx. 

[dx100uk]

cabot are zilch to do with any bank

no dca's can be linked to a banking org 

banned years ago

 

[iamgnome]

Got it - that's actually helpful to know. Cheers dx.

[iamgnome]

Hi all - finally got the SAR.

Looks like the statements from HSBC match up with Cabot's.

There also seems to be credit card debt but it's not clear whether that was sold to them or not but the OD definitely was. 

What do you recommend going forwards?

Also to add - there is no default notice letter but a few letters that refer to a default notice letter!

What does that mean?

[dx100uk]

ok time for a bit of work your way sadly.

 

 

 

pop their OD int rate in cell d15 of out CI sheet

 

enter every penalty charge individually on its date

try and find the last date HSBC charged interest

enter that as the claimto date 

 

then take that whole total from the CISHEET

pop it into a copy of the statint sheet as a whole sum 

the day after their int stopped

leave the claimto date alone!!

 

that gives your total reclaim figure

 

[iamgnome]

Thanks dx this is going to take some time... But I'll get back once I've done it. What's the steps after that?

[dx100uk]

we get that done and keep it in reserve as proof the debt is all unlawful fees.

 

should cabot ever issue a letter of claim.

then we'll bring it into play.

 

 

 

 

[iamgnome]

Sounds good dx though the debt isn't all unlawful fees.

I initially thought it was because they mixed it up with credit card debt (which wasn't sold to Cabot, hence the £200 figure in my OP) but it turns out a lot of this debt is cash withdrawals.

Surely the interest argument won't work anymore?

[dx100uk]

concentrate on the OD.

 

as for the interest, it is the interest that OD fees attracted that is where it does still apply.

 

IE on xxx date the bank charged you say a £35 daily fee for being or using your OD.

from xxx date that fee every month got OD interest added to it, thats is what the CISHEET calculates as well as the refunding of the original unlawful fee.

 

so if you find each fee, pop it in, add their OD int rate to cell D15, you should end up with quite a balance, 

you dont enter say a statement line that might say OD interest for period xxx month to xxx month on the sheet, 

you cant reclaim OD interest but you can reclaim PD interest that charges attracted.

 

the only other bit of info you need is for the CLAIMTO date box on the CISHEET

that should be set to the last day OD interest was charged on the account, the statements should show that date. (probably sale date to CABOT)

 

after all that the CISHEET will give you a nice figure regarding what has unlawfully been added to the current account balance sold to cabot that should not be there as its unlawful

 

but the date of the sum will only have interest applicable till it ended.

as you have been deprived of investing this sum since that date, you are entitled to flat rate 8% interest on top of that sum from the day AFTER the OC's int stopped, till the day the sum is Dealt with. 

 

thats why you then use the STATINT sheet and input the CISHEET sum on the day AFTER the CISHEETS claimto date as a lump figure.

[iamgnome]

thanks so much dx, that makes a lot of sense!

 

Cabot is trying to get a sum that is still in dispute and if they tried to go to Court then they'd be chasing fees on top of the actual figure?

Is that right?

Sounds like a catch 22 for them lol. 

[dx100uk]

They must abide by the pre action protocol 1st and issue a letter of claim .1st before court.

 

If you look in legal successes forum here there are numerous 'wins' by us over the same circs. We rarely lose an od claim

 

 

[iamgnome]

Understood, I'll start calculating the figure and let you know if the letter appears. Thanks again for your patience dx.

[dx100uk]

Open

 

Dx

[iamgnome]

Thanks dx just wanted to let you know, the OD is completely off my credit record. Does that mean it's statute barred now?

 

 

[renegadeimp]

Credit file doesn't determine sb status.

SB status is determined by your last written admission to the debt or last payment date. 

 If a court claim was issued within 6 years of either of the aforementioned points, then this stops the sb clock and then you're onto court procedures instead. 

Sb doesn't come into it then.