HSBC got me in debt over 6 years ago - what can I do?

[rockinrodders]

Hi,

 

I had an old Midland bank account that was opened back in 1990. When I began working in 1996 ish, I used to be going overdrawn frequently and getting charged loads in penalty charges, to pay them I used to have to increase my overdraft and it was getting bigger and bigger every month because of the charges (ok some was charges and some was spending), but it was a vicious circle. When the overdraft got over a £1000 I was getting worried and went to the bank who gave me a loan to cover it.

 

This was ok for a while until the same cycle began happening again and I was getting more and more charges and going overdrawn and a couple more times they added the overdraft into the loan which was getting bigger.

 

All of a sudden, I lost my job and didnt pay the loan one month and ended up with more and more fees, to the point where I was getting paid and not even clearing the overdraft.

 

I decided the only option was to change accounts and opened an account with barclays in 2002.

 

Straight away HSBC said that as I was no longer getting paid into their account they would call in the overdraft etc. in the end they added the overdraft balance and the loan balance and got their collections team MCS to start chasing the debt as one amount (about £4000) but I dont know what this is made up of. After a while they passed the debt on to Heatons LLP. the debt has inflated since going out to debt collectors but I have never seen a statement or balance since the account was closed so dont know how much is owed and what extra fees the collectors added.

 

I have been paying Heatons a standing order of £85 a month since 2003.

 

I wanted to reclaim the HSBC charges but sent off the SAR and they just delivered statements dating to April 2001.

 

I know that the majority of the fees I have paid (estimated £2000+) were unfortunately before this and I would like to push on with a case because the fees have made my life hell trying to get other loans etc becasue of the default they registered in August 2002. default value said (£5007) so approx £1000 has gone on since it closed.

 

Where do I stand legally with regards to 'estimating' a pre 6 years claim?

 

How do I go about getting details of the collectors fees? heatons say they have not added anything but I think a couple of other companies were chasing it intermitently (MCS, DG Solicitors etc).

 

Thanks to whoever can assist

[freakyleaky]

I don't know much about this subjct but have a read of this thread.

Calling all HSBC claimants!! Why restrict your claim to 6 Years?!!

It should tell you what you need to know. Take your time and just ask if you need more info:)

[rockinrodders]

Thanks for your help.

 

I did read that thread before and thats what got me thinking. The trouble is it is based on the assumption that the claimant has their statements.

 

Unfortunately I haven't got any older statements and I know that as soon as the limitation act and 6 year rule etc started to get questioned, the banks including HSBC will have been heating up the furnaces to burn those old statements.

 

Presumably I wouldnt have a legal leg to stand on if I made a claim for the information I have got (i.e. 2 years worth of charges) and then estimated a similar level of charges for the previous couple of years before that.

 

To be honest I'd really like to just get enough to close off the outstanding balance which is about £1500 (2001-2 charges equal about £1200). but more importantly I'd really like to get the default removed so that I am not paying extortionate interest rates in the future.

[freakyleaky]

OK rockin, have a look at this dori2o v hsbc . Very informative for you. Send a message to Crusher, this subject is his baby.