Cabot chasing old HSBC CC subject to IRL complaint

[eoghan]

Hi all,

 

I followed the instructions from another thread I have going and sent the CCA request back to Cabot and they have responded. At the same time I sent a IRL to HSBC and I have the responses back from both parties that I'll post up here.

 

Complaint Letter to HSBC - their response

CCA Response from Cabot + the CCA

 

Hope there's still something to be done.

 

Thanks.

Steve.

 

 

 

Cabot-HSBC-Letters.pdf

[ericsbrother]

what are you hoping for?

[eoghan]

I'm hoping I don't have to pay them anything...

[MrTRC]

I was with RBS. I was a student back in late 1980s. I ran up a £3.5K o/d. Could not afford to pay it back (I have Serial Startup Personality Disorder). I said that they had 'fined' me more than my overdraft in over twenty years, and that I was not prepared to engage with them anymore. They eventually gave up. Premise is: you cannot get blood out of a stone. 

Do not be scared by these people. They are just trying to run their business model, and as long as you have not made any untrue statements, you are morally and legally in the clear. This is just my opinion, and may not be legally binding. 

 

Tom.. Xx

[BazzaS]

13 minutes ago, MrTRC said:

 (I have Serial Startup Personality Disorder). 

 

What is that?

Does it have a DSM-5 (or ICD-11) coding?

[MrTRC]

@BazzaS No..  Just that I like to make new ideas work, but have yet to get good at making money out of them! The ideas have worked, and I am now on my sixth startup. I didn't consider contract law in the past though. I have learned my lesson!

[eoghan]

Anyone able to update me on proper procedure here?

I have now received another letter from cabot asking me to setup a payment plan.

As you can see from the 1st post, all the current correspondence has been done.

 

Cabot sent back a reconstructed CCA and HSBC have ignored my complaint by stating they sold it to Cabot and don't believe that they mis-sold me a credit card.

 

So where do I go from here?

 

Thanks.

[dx100uk]

did you not refer the complaint to the FOS?

 

 

[eoghan]

No I didn't. What's the time limit on that?

 

[eoghan]

Nevermind, just saw that it's six months. I've created an online complaint using their service and uploaded the IRC and HSBC response as evidence. This is correct?

[dx100uk]

should be ok

 

might be an idea to write to cabot and tell them the card debt is under a serious complaint with HSBC that is being investigated by the FOS??

and itr should not have been sold on whilst under dispute.

[eoghan]

Ok thanks.

 

Although to be fair, HSBC had already sold the debt to Cabot by the time I raised the IRC with HSBC... even though, I will still tel cabot there is an ongoing complaint with the FOS.

 

Cheers.

[eoghan]

Hi,

 

I have received the response from the Ombudsman, so what next?:

 

Your complaint about HSBC UK Bank Plc

 

I’d like to take the opportunity to thank you for your continued patience whilst I’ve been looking at this complain for you.

I’m an investigator here at the Financial Ombudsman service. My role is to consider all the information both parties have sent me and independently investigate the complaint to see if the business has treated you fairly.

 

After carefully reviewing all the evidence available to me, I don't think that HSBC have done anything wrong, therefore I won't be asking them to do anything. I know this may come as a disappointment to you but I'm hoping my email to you will explain my reasons why.  

 

My understanding of this complaint

You took a credit card with HSBC in November 2016.

By the notes it looks like you were requesting to transfer an existing credit card balance with Vanquis to the new card.

 

The main complaint points you've raised are;

You don't feel the correct affordability checks were carried out to ensure you could afford the credit because of this you feel you've been treated unfairly. 

 

My investigation

I've checked the details from the point of application to ensure that HSBC acted with diligent care before considering you for a credit card. 

 

I would expect HSBC to carry out an assessment of your circumstances at the time which would mean carrying out a credit search under your name and address which they did. If anything was flagged to show that you had any defaults, large balances with no commitment to pay them off or was applying for credit on a regular basis, then I'm sure the card wouldn't have been accepted. 

 

You applied for the credit card online which would suggest that an HSBC sales advisor wasn't involved in the sale of your card. However, someone from HSBC contacted you after the card was approved to ensure that you would be comfortable with the £2000 credit limit. 

 

I'm aware that people's circumstances can often change from when the lending was taken out. It would be the responsibility of the customer to contact their lender and explain their financial position if this has changed. In any case, I would expect a lender to deal with their customer sympathetically and positively when they do become aware of any financial difficulties and work together to find suitable solutions which are affordable.

 

You've said that HSBC have been in contact with you to collect the debt owing.  I have contacted HSBC about this and they've said if you're not happy about them pursuing you for the debt, you will need to raise this as a separate complaint to them. 

 

Next steps

 

I think this is a fair outcome in the circumstances, for the reasons I’ve explained.

But if you decide that you don't accept what I’ve said, then please let me know by 17 January 2020.

 

If I can’t resolve things then an ombudsman here can look at everything again and make a final decision.

If I don’t hear from you by that date we might not be able to look at your complaint again.

[eoghan]

Update:

 

This account has now been moved to Robinson Way who are now asking me for money that I don't have. No initial letter to say we are the new account holders, no letter from Cabot to say they had sold it.

Any ideas where I now stand?

 

Their letter:

 

We know you might be worried about the Coronavirus (COVID-19) and how your finances may be affected during this rapidly changing time. So we wanted to remind you that we're here to help and there are options available to you for support.

 

Little blurb about how to manage my account online

 

Blurb about change in circumstances and to notify them.

 

Nothing about taking ownership/charge of the account from Cabot.

 

PS. Been given my three months notice so will also be unemployed by the end of Aug. Yay!

 

[dx100uk]

who are robbersway stated client? hoist?

 

dx

 

[eoghan]

Apologies, just read the the thing again and it's for the Barclaycard not HSBC. Shall I delete my original post?

[dx100uk]

please create a new topic in the barclaycard forum.

tell the full story from day one

dx

 

[eoghan]

PS. Just received a voicemail from Cabot chasing this debt. Asking me to contact them etc etc. Still no written comms. Once I receive something, I'll update. In the meantime, if the FOS have come back and rejected my complaint and cabot can produce an 'online' CCA where do I stand?

[dx100uk]

let it run

deal with that issue when and if that happens