Bizarre Refund Letter including a cheque received from HSBC....Scam ?or dangling a carrot for fishing? confused...

[livingthedream]

Ive today received the same letter and same amount, but the issue I have is the sceptic in me makes me wonder a couple of things.

 

I had an very old account with HSBC connected with a business account so not relating to me personally, it's a very long story but basically they attempted to get me to pay the companies overdraft, and I have argued the issue ever since. The supposed debt is potential statute barred as far as it relates to something that happened in 2010, however there are also mentions that as it relates to a bank overdraft that 12 years is the limit before statue barred, but i'm not 100%.

 

However the reason I am sceptic, is how does HSBC "apparently" know all my details and more interestingly my full name, account and now my current address (after 3 addresses and current address still not fully registered on credit files). I have remained away from any recorded data as much as I can, I have never corresponded with them, or any debt collector.

 

So is this £25 cheque a fishing exercise to confirm I am who I am at the address I am at? It could be legit and maybe they have had a slap on the wrist and told to compensate a bunch of us I don't know, but after having to play the debt collection game for over 10 years now, I'm aware of every trick possible.

 

Does banking the cheque trigger a confirmation, by banking this cheque, it confirm the name and the address they have are correct, ie they have found me!!

 

Or am I being over sceptic, I don't care about the £25 enough to potentially open pandoras box for them, the wording seems very pushy "simply bank the cheque", "yes please bank the cheque"

 

This all relates to a business account, and is not relevant to me personally, so any compensation should be paid the  limited company which is now gone, so why are they trying to pay me personally?

[livingthedream]

On 29/11/2020 at 21:39, theoldrouge said:

Just bank the cheque 

100% genuine 

Banked mine, cleared,

money in account ready for a bottle of something on HSBC for Christmas 

Have written to HSBC requesting details of their "failure "

and will decide on the details of their reply whether to press for further redress 

 

I'd be interested to hear potentially where this goes, the whole thing sounds a little to fishy to me, I don't care enough about £25 in order to open up any potential old wounds! I assume you were also had a debt, and assume you never cleared the debt either, and from the looks of it theres a pattern emerging from all of us who have received this letter, ie there was s debt and none of us settled it

 

Does banking the cheque open up the account again with a transaction and make it live?? just an idea but i'm filing this in the bin along with any other attempt they have made over 10 years

[dx100uk]

OD SB 12yrs..no.

and it doesnt matter if you bank the cheque, it can't be used as admittance to anything by you

 

 

 

[livingthedream]

It's so grey I don't care £25 enough to even warrant banking it, I found "If you have reclaimed PPI, this is likely to have acknowledged the debt."

 

So by even the simplest of actions in which although you don't directly acknowledge the debt in black and white, the 6 year SB gets reset at the point of acknowledgement, by banking the cheque you are clearly acknowledging the debt did exist and you were involved, otherwise why would you accept the cheque?

 

[dx100uk]

OD SB is not 12yrs it's 6, and once a debt is sB'd nothing can unbar a  debt not even a judge.

 

PPI reclaiming does not reset the SB date or your acking of a debt anyway...amongst others, CITI bank tried this on by wanting to pay many successful PPI reclaims to DCA debt buyers as the debt had latterly been sold on. The FOS soon sorted them out on that.

 

you also need to read whole threads, with regards to my earlier post.... should the debt still be on the OC's book and statute barring.

 

dx

 

[livingthedream]

Have you seen the 2019 case in relevance to acknowledgement of debt, talks a lot about potential of starting the 6 year clock again

 

"In January 2019 there was a decision in the Court of Appeal (Doyle v PRA) that has changed the point at which the six-year period starts for some debts including credit cards and loans."

 

"A good way to think of statute barring is that there is a 6 year timer. This is set running when the creditor has a cause of action. The sand takes 6 years to drain slowly through… at the end, your debt is statute barred.

But if you make a payment to the debt or acknowledge it in writing during the six years, the clock is reset back to start at 6 years again. So if you are making monthly payments, even tiny ones, a debt will never become statute barred as the clock resets back to 6 years every month."

 

For me it's the "acknowledgement of debt" that becomes to grey to risk

 

I'm not normally a sceptic, but £25 isn't worth it for me to even bother with it.

[AndyOrch]

Quote

HSBC and Santander are to refund more than 115,000 customers after failing to alert them via text when they went into their unarranged overdraft.

 

The Competition and Markets Authority (CMA) has ordered the two providers to pay out, after both broke a legal order requiring banks to alert customers before they're hit with unarranged overdraft charges.

 

HSBC has agreed to pay an estimated £8 million to approximately 115,754 customers. While this works out at an average refund of about £70, the bank says cases will be looked at individually, so refunds could be higher or lower.

The payments will consist of refunds of the overdraft charges, plus 8% interest.

 

29 November 2019

 

https://www.moneysavingexpert.com/news/2019/11/over-100-000-hsbc-and-santander-customers-owed-unarranged-overdr/

[dx100uk]

17 minutes ago, livingthedream said:

For me it's the "acknowledgement of debt" that becomes to grey to risk

 

your debt is already SB'd nothing can unbar an SB'd debt not even a judge.

had you actually owed money to HSBC and they still owned the debt, the refund would have come off the balance not be sentto you by cheque.

 

own thread created.

 

 

[theoldrouge]

These letters relate to very historic 

collection/recovery "service failures" concerning current accounts, credit cards and loans

 

I have not had an account or debt with HSBC since 2008

My gut feeling is that it maybe connected to the use of their fake inhouse  collectors 

Payment Sevices (PSB), Metropolitan and DG Solicitory

but I will know more when they reply to my letter demanding details

[livingthedream]

 https://www.moneysavingexpert.com/news/2020/12/hsbc-borrowers-arrears-compensation-substandard-service/

[theoldrouge]

Very much as expected 

HSBC is of course doing this to mitigate the fine from the  FCA

Much as Barclays has done 

https://www.fca.org.uk/news/press-releases/fca-fines-barclays-treatment-customers-financial-difficulty

 

The question is whether £25 to £100 is sufficient redress 

When the facts come out 

this I very much doubt 

[bitemarx]

I've received 2 similar letters with cheques. I used to have a current account, a savings account and a loan with HSBC. 

I've banked both cheques, since the letter clearly states that this is compensation for their sub standard service