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I'm hoping someone can help me.

 

I have received a letter today from IDRWW stating that they have been instructed by HSBC Middle East to contact me.

 

I left the Middle East in 2008 and don't remember leaving any debts behind!

 

I'm really worried as I have no debts here in the UK and my credit score is really good, so I don't want to lose everything I have built up here.

 

Should I contact them to see what it is they actually want?

 

Since we moved back to the UK in 2011 I have changed home 3 times, and have never heard from them before!

 

Thanks very much.

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So what did HSBC provide you with e.g. Current account, credit card, loan, business account ?

 

If you have not made any payments towards a debt since 2008, then it will be statute barred due to statute of limitations, so if defended, you should not have a CCJ recorded against you.

 

Very unlikely that HSBC middle east office would pay the fees to take you to Court in the UK. So the letter is just to see if they can obtain money from you, knowing it probably won't ever be subject to any Court action,

 

It might be worth you just writing back advising that you left the middle eastern country in 2008 and know nothing about anything with HSBC.  Advise them that under foreign statute of limitations, there would be nothing to enter into communication about. At least they know you are not hiding away and they would have no excuse if they attempted to gain a CCJ using a previous UK address.


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Must be getting near xmas or all irdww's staff are stranded by thomas cooks demise and they need a few mugs to fund their repatriation with free money.

 

Dx

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The letter was from IDRWW saying they were acting on behalf of HSBC Middle East.

No other information, other than there's a portfolio with my name on.

 

I wasn't aware of any debt being left behind, and it's rather strange that I should receive a letter now, having been back in the UK for 11 years!

 

They advised going to the Citizens Advice Bureau which I did and they gave me a quite strongly worded template letter to use.

 

I emailed it first thing this morning, but not heard back.

 

I guess I will just have to sit and wait to see what happens next.

 

Thanks for your help though.

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CAB want shooting!!

 

and you shouldnt be 

1 sending silly letters..simply invites pointless letter tennis

2. ever use email..gives them a freeway to harass you when they otherwise would most probably move on to the next mug.

 

dx

 


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Any chance we can have sight of this  " quite strongly worded template letter  " from the CAB ?

 

Andy


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Andy

Here you go.

 

Dear Sir/Madam

 

Account No:

You have contacted me about the account with the above reference number, which you claim I owe.
I have no knowledge of any such debt being owed to.


I am familiar with the Financial Conduct Authority's (FCA) Consumer Credit sourcebook which states the following.

 

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

 

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

 

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

 

If you do not stop collection activity whilst investigating my dispute, you are breaking FCA rules and guidance.

Also, ignoring claims that debts have been settled or are disputed and continuing to make unjustified demands for payment is harassment.

 

Please do not make any further contact about the above accounts unless you can provide evidence of my liability for the debt.

 

I await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to my local trading standards service and consider informing the FCA of your actions.

 

I look forward to hearing from you.

Yours faithfully

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You would have been better off sending our Statute Barred response...do they have your current residential address ?


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Yes they do. 

They suggested contacting CAB, who then told me I should send the letter. IDRWW told me I had 7 days to reply otherwise they would use the address as the main way of contacting me. I've not heard anything back from them as yet.

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Then let them use your address...its still statute barred .


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When you statute barred - does this include if it's a debt in the Middle East (although, I still say I have no knowledge of ever leaving any debts behind!)

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I see your last contact was 2008 so not quite statute barred then....15 years for UAE debts.

 

The Foreign Limitation Periods Act 1984.  This legislation is applicable to anyone in England and Wales.  Put simply, it means that a creditor (such as a bank) can issue proceedings in England and Wales using their own limitation period, not the 6 year Limitation Act that people believe they are protected by.

In the UAE, they have a Civil Code.  This is similar to our own Civil Procedure Rules.  Article 473 of the UAE Civil Code sets out the limitation periods.  It states:-

A right shall not expire by the passage of time but no claim shall be heard if denied after the lapse of fifteen years without lawful excuse, but having regard to any special provisions relating thereto.’

In layman’s terms this means the limitation period for civil debts in the UAE is 15 years.  Therefore, the banks rely on the jurisdiction clause in the contract to sue a debtor in the UK.  They can also sue you up to 15 years after you have left the UAE.


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OK thanks for this. They've written back to me and said they would be contacting HSBC Oman to get a statement from 2008-2010. I'm sure I closed my account in 2008. It was such a long time ago, I'm now beginning to doubt myself. I'd lived in various countries and had always closed my account, so don't see why I wouldn't have done so this time.

 

Does the same apply to Oman?

 

 

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I think it may be 10 but cant find a definitive.....

 

https://omanlawblog.curtis.com/2018/01/time-limitations-dont-allow-your-rights.html


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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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