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Cabot Letter Of Claim - old HSBC OD - all fees


iamgnome

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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.

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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?

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  • 1 month later...

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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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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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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  • 2 weeks later...

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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  • 2 years later...

Hey thanks for this!

Long story short,

to help with getting a mortgage, I was told to get rid of the default or find a way to not leaving it hanging in the air.

I've taken some extra actions and thought it would be good to get your thoughts on this...

Since I last posted here the debt has gone through 5 or 6 different companies but eventually returned back to Cabot.

I sent them a prove it letter and also said this was fees and I'll contest at court etc.

They returned with 'evidence' which consisted of a fake looking termination notice, a phantom payment made after the default and bank statements but only up to about 2011.

Weirdly enough HSBC also sent a £50 cheque a few days after I sent my letter (haven't cashed it in).

I wrote back saying I wished to complain as they've made misleading and false allegations and I'll take it up to financial ombudsman if they don't close the account.

To which they sent a letter saying they've processed my complaint (not yet made), offered me £75 for treating me poorly (lol), provided the full set of bank statements now (up to 2016 when account defaulted) and said they've contacted HSBC, who will get back in about 60 days.

Here's the thing,

the full bank statements don't show much in the way of fees and interest.

I also definitely didn't take out as much as they're saying I have, the statements look doctored.

Also they haven't provided T&C's either. Is this typical of them to lie?

What do you guys think?

And does this give them a strong case?

I'm going to send them the complaint with all the points and demand they close the account, then go to the FOS.

Is this sounding okay?

 

Thanks again!

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that's good to know,

I had to go ahead with the process nonetheless despite your good advice I'm afraid (I'm also getting help from family and they want me to clear my record or at least try).

No other credit with HSBC other than a credit card but that was fine not defaulted.

Is the above generally okay though,

or have I missed something?

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Okay sounds good, so they're lying as usual.

 

If this does go to Court and they show statements with little in the way of fees then is it right to argue that they're doctored or something similar? Or does the fact that it got closed and sold to the DCA mean it's already irrecoverable?

 

Also when taking it to the FO,S I know you didn't advise this, but generally are they sympathetic to us?

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Sorry lol, I forget how things worked here. Won't hit quote.

Statements are from their software, not HSBC's headed paper.

I'll work on the SAR. Should I get that done before I go the FOS?

Not sure about the withdrawal, it was long ago.

Either way definitely not how much they're saying it is.

I like to make Cabot sweat especially after they pulled the phantom payment

. Default date is June 2016.

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Dx, All, just a few more questions whilst I get this SAR ready...

 

About the termination notice, it seems fishy mainly because it doesn't have a precise date for when they would have closed down my account just a threat of going to DCA if I didn't respond in 18 days. Does this make the debt unenforceable?

 

Also they haven't provided T&C's or an overdraft agreement, that must make it totally unenforceable right? Or might an SAR provide this to me, if so doesn't this shoot me in the foot?

 

Thanks again!!! 😁

Edited by iamgnome
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that makes sense.

for arguments sake, if the SAR does show that I took money out to the sum they're saying, then how screwed am I?

I still don't believe the sum they're asking for is true but it sounds like I've got no defence if the SAR statements say otherwise!

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