Cabot chasing HSBC OD - all fees

[iamgnome]

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.

[dx100uk]

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.

[iamgnome]

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

 

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?

[dx100uk]

no

HSBC closed it on their books

and sold it on to a fleecing debt buyer

[iamgnome]

OK, understood!

 

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

[Bazooka Boo]

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

[iamgnome]

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

[renegadeimp]

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

[iamgnome]

OK that sounds even better. Thank you.

 

Would you recommend I send a CCA request?

[AndyOrch]

Not applicable to Overdrafts.

[iamgnome]

Got it - thank you!

[iamgnome]

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!

[dx100uk]

whats an SC?

 

threads merged please keep to one thread

[iamgnome]

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.

[dx100uk]

unless theres a CCJ it shouldnt hurt you no.

 

when did you go bandy on the od?

[iamgnome]

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

[dx100uk]

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

[iamgnome]

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 October 18, 2018 by iamgnome

[dx100uk]

dca didnt jack it up.

only the oc can add anything.

[iamgnome]

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?

[dx100uk]

to whom?

[iamgnome]

Ah I should've explained.

 

I mean to the vetting agency.

[dx100uk]

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.

[iamgnome]

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

[iamgnome]

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!