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    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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HSBC - Help! - How to begin


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Hi all,

 

Was wondering if I could get come preliminary help.

 

Have been considering looking at this for sometime, and have finally (today) - decided to do something about it.

 

Have been cruising about the website, looking at forums etc and just trying to figure it out. Am not really used to forums etc, so is proving character building.

 

Have two initial questions really:

 

1. I have only had my present current account with HSBC for about 3 years, prior to this I had two different accounts (with the same bank/branch). But they were in joint names with my ex- wife. Can I still claim against these even though they are now closed - is is a legal minefield because of the possibility of any excessive charges being payable to both me and her?

 

2. Have had a look at the letter templates, and am getting used to the 'prelim' and 'LBA' terminology, but unsure what relates to what. I don't know what interest is due to me, so need a report from my bank detailing this, (including (if possible)) the accounts that are now closed i spoke about in question 1 - (what a mouthful).

 

Anyway, any help would be appreciated to get me started.

 

Many thanks

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Hi all,

 

Was wondering if I could get come preliminary help.

 

Have been considering looking at this for sometime, and have finally (today) - decided to do something about it.

 

Have been cruising about the website, looking at forums etc and just trying to figure it out. Am not really used to forums etc, so is proving character building.

 

Have two initial questions really:

 

1. I have only had my present current account with HSBC for about 3 years, prior to this I had two different accounts (with the same bank/branch). But they were in joint names with my ex- wife. Can I still claim against these even though they are now closed - is is a legal minefield because of the possibility of any excessive charges being payable to both me and her?

 

2. Have had a look at the letter templates, and am getting used to the 'prelim' and 'LBA' terminology, but unsure what relates to what. I don't know what interest is due to me, so need a report from my bank detailing this, (including (if possible)) the accounts that are now closed i spoke about in question 1 - (what a mouthful).

 

Anyway, any help would be appreciated to get me started.

 

Many thanks

 

Hi Mortip,

 

Right, in relation to 1, I suspect that, as your old joint accounts are now closed, you will have to get written permission from your ex that you have authority to deal with this. If the account was still open there would probably be an "either or" clause in there allowing either of you to deal with matters. However, as it's now cloased I suspect there would be an issue with this. Start on your sole account for now eh and then move to the joint account when you get a firmer answer on the position.

 

In response to 2, prelim is the preliminary letter - in other words, the first letter, the one that asks for payment. The LBA is the letter before action which threatens court action if they don't comply. This is the second letter to go. When you say you don't know what interest is due to you, do you mean charges, or do you actually mean interest? Have you calculated your charges? If so, do that first. The interest you can claim at this stage is the interest THEY have charged YOU on the charges they applied to your account PROVIDING those charges took you overdrawn or added to your overdraft. Very complex to calculate and probably not worth it.

 

You can claim 8% annual interest on each charge from the date the charge was applied ONLY when you file you claim with the courts if they fail to pay up to either of your requests.

 

OC.

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Hi.

 

You came to the right place.

 

I don't know about your divorce situation, but there is no legal minefield that I'm aware of.

Joint account, either can claim back. If your ex finds out later that you got all the dosh back and wants some of it, that's something for your divorce lawyer, can't help you there.

 

As far as reclaiming the charges, OTOH, it's all systems go. Closed account? Even better, they can't threaten you with closure then.

 

Interest due... Mmmhhh...The calculations to work out what is legitimate interest you should have paid and what part you can reclaim are tricky...And the bank is not going to help there. Unless we are talking of huge amounts to be reclaimed, I usually advise people not to bother and just claim the statutory 8% if they have to issue court claim.

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Thanks guys, most helpful.

 

I think I have all the statements since my new account was opened, so will follow the advice and go for that first.

 

The reason I mentioned interest was because, I have noticed that over and above the £100 in charges I have been getting every month, I have also been charged interest every month, which seems to be in excess of at least £23 on most statements.

 

I think I will tot it all up, and perhaps sound off if thats ok.

 

Again, thanks for the help, I shall let you know stuff as I do.

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