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    • Lowell has recently bought over one of my old debts and in chasing me for payment have sent details of the debt to my ex-wife via email. Let me first start by saying i do owe the debt and I don't dispute it; whether it is unenforceable I don't know and this post/thread isn't to find that out. Lowell bought this debt earlier in the year for an account I ran between 2021 and this year before falling behind with payments and the debt eventually being sold off despite my attempts to deal with the original creditor. Lowell have sent me ONE letter in respect of the debt before reaching out via email to my ex-wife, giving information about the original creditor and the amount owed. I'm very concerned that Lowell have adopted this approach as I thought contacting a friend or relative about a debt was outlawed by FCA, but to find they have done this has left me shocked and a little embarrassed. I'm also concerned that they have potentially breached GDPR by sharing details with a third party without my consent. While there's little personal data given aside from the creditor and amount, I am mentioned by first initial and surname in the email sent to my ex-wife. I've never used this email account, have never had access to it and it has no connection to the original creditor so I have no idea why Lowell would use it to try to reach me. I've made a complaint to Lowell both about the communication being sent to a third party and potential GDPR breach, but should I be doing anything else?
    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
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HSBC - Time to go in at deep end!


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Hi there.

 

Like a few others on here, Im new to forums and especially the reclaiming procedures. I got onto this after seeing the Trevor McDonald program. I then looked on the "Money Expert" website. I get an average monthly charge of 100.00. I understand the first step is to get 6 years of bank statements from HSBC with a cheque for £10. I undertsand I send the "Data protection act letter" and cheque to the bank but to what address, does anyone have an address? Until I tot up the charges I am estimating 7.2k so I am obviously eager to get the ball rolling but dont want to trip up.

 

Any help would be appreciated.

 

Thanks in adavnce

 

Andy

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Hello and welcome :)

 

You can send your DPA letter (with your £10 enclosed) to your local branch. They will no doubt pass it on to the relevant department. Make sure you send it recorded delivery so you can trace that they have received it...funnily enough a lot of DPA requests seem to be going missing!

 

As for your charges, when you tot them up be aware that there is a small claims limit of 5k....there are ways round it though so when you have all the details you need, with the total amounts, people will be able to give you advice on how to proceed.

 

Hope that helps a little.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Hi and Welcome

 

 

You can post it to your local branch , they will forward it to the relevant office and when you get your first refusal it will have an address where you send the next.

 

There are consequences to claiming over £5,000 please use the search facility and look for 'sever' .

 

It is very important that while you are waiting on a reply to your DPAR you spend that time reading the FAQ's and around the forums .You need to be fully aware of what you are undertaking as a mistake could be costly.

Use this thread to update us and keep us posted :D

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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refer to Mjanet's post re:searching "sever" on the forums...

 

basically 5K is the threshold to keep the claim within the Small Claims Track.. the implication when the claim exceeds this is not grave - just that you will be liable for costs should you lose (unlikely) and even then they are likely to be in the region of £750 or so...

 

Having said that, the wider implication is that a defendant (the bank) could ask for a judge/court to consider amalgamation of the claims relating to one account and thus consolidate the value of the claim thus reducing your claim significantly. Also mounting a defence on one claim is far more profitable and cost-effective for the bank than fielding two or three claims relating to the same defendant and increases the likelihood that they may mount a defence..

 

having said that there are ways that you can split, cap, or delay the claims so that they cannot be deemed as to be running concurrently...have a wee read..

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Guest malissa7999

hi,

im just starting a claim against HSBC too, you could always do what i did and do online banking, they show you the staements as far back as 6 years anyway, all you have to do is go through them and add up the charges, that way you can speed up the process and save yourself a tenner !!

give it ago

 

malissa

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  • 2 weeks later...

Monday is the big day when I start the case against HSBC. I am printing off the letter for my 6 years bank statements as we speak. I will keep you guys posted as to what the responce is. As I said before any feedback would be appreciated.

 

Andy

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Well I have dropped my addressed envelope, enclosing a letter and £10 cheque off at the Acombe (York) branch asking them to forward it to the Wincanton branch. I asked for a reciept to confirm they have received it but Cynthia who was the only one behind the counter said they don't issue receipts so I have come away empty handed. I was told they will forward it to head office who will direct it to the branch address written on the front of the envelope. How long should I typically have to wait for before I get a responce, if I get one?

 

Many thanks

 

Andy

 

I'm off outside for a cigarette, I feel like I need one!

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H there

I need help where to sart.

Completely lost in the site.

I have read a lot of info today but am not sure what to start from.

Please advise me where to go first.

Thank you.

Prelim to HSBC sent on 30th June for £580.

Reply with offer to refund £520.00 on 19th July

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Hi there.

 

I'm new to this also but theres a very helpfull crowd on here. First I filled in and sent this letter: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/6990-filing-your-data-protection.html

 

I included the cheque for £10 in the envelope and handed it in to my local HSBC branch asking them to forward it the branch my account is with. You should recieve 6 years of bank statements within 40 days. Hope this helps.

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Thank you

I found my way aound now. I might be silly but I kept all my statments for the past two years, so I think to try to calaim £580.00 for these years. I have the the preliminary letter ready to go tommorow by recorded post.

If you would like I can keep you posted on my progress.

I have the HSBC Data Controller address if you want it.

Prelim to HSBC sent on 30th June for £580.

Reply with offer to refund £520.00 on 19th July

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I will definitely. It just fells uncomfortable to fight with them I would say scary. But if I succeed I will request another four years too.

I started a new thread yesterday http://www.consumeractiongroup.co.uk/forum/hsbc-bank/13343-580-claim-back.html if you are interested on my progress and why I am doing it.

Prelim to HSBC sent on 30th June for £580.

Reply with offer to refund £520.00 on 19th July

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Hi

I'm with HSBC and am currently trying to get £2700 back off them.

Do you have internet banking with HSBC? If so you can access all your statements for the last 6 years here. I didn't realise this initially but when I wrote to them asking for 6 yrs of statements, they advised me to look on internet banking. Hey Presto! Its all there just click 'my statements' in the menu on the left. Just to be awkward and **** them off, I wrote back saying my internet was down so could they send me the paper statements - still not received them but dont need them anyway!

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I have the net access thank you very much but I have kept my statements over past two years. Two years ago I changed the account due to divorse so have no access to my old one on line. I will claim these two years money back and if it goes ok then will request my old statements as well.

Thanks a lot again

Prelim to HSBC sent on 30th June for £580.

Reply with offer to refund £520.00 on 19th July

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  • 2 weeks later...

I've finally got a letter back from HSBC, with my £10 cheque attached :)

 

"Thank you for your letter dated 26 June 2006 with regards to

information about transactions and charges on your account.

 

We will forward to you copies of the statements covering the period

in question. These will begin to arrive in seperate branches and

will be with you shortly.

 

We are happy to waive any fees for the productions of this

information and we return your payment.

 

Although many of our systems are automated, a "manual

intervention" by HSBC staff may be required in a variety of

situation including; account opening, dealing with

correspondence or telephone calls, when deposits or withdrawals

are made over the counter at our brances and from time to time

during account administration.

 

If you require more information, please let us know.

 

Yours sincerely

 

 

Ian Shepherd

Centre Manager"

 

I'm waiting with bated breath for the statements. A couple of things are now wrattling round my head. First, am I right in thinking this is a "standard letter"? They don't seem to know where this is heading as the letter goes on about general admin of the account. Secondly, what do they mean by statements arriving in seperate branches? Do they expect me to run round the country picking them up?

 

You're comments will be welcome

 

Regards

 

Andy

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they will arrive in seperate Batches, so dont worry about that, regarding the letter, it is just a standard response, which despite what you may imagine, means that they know exactly what you are planning

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Have just spent some time reading through the posts on this thread I would like to thank you guys for inadvertently answering some of the questions that have been going round and round in my head. Confused.......... Anxious.............. Vulnerable....... that's an under statement. Thanks to you guys I now know who to send my SAR too, as I've spent ages to find out from paperwork. Lesssson learnt should know better and seek advice from you guys. Someone mentioned managed loans I have an equity loan which I'm still paying for and a flexi loan which I had to take out as a result of the banks advice to cover my exceeding of my overdraft as a result of the charges imposed on my account. They also transsferred what savings I had into my current account too to try to settle things without any notification beforehand. Can they do that? Can I claim back these monies too as they have encrued interest and with all the fees and charges mounting up I feel I'm going under and heading for a nervous breakdown, which is also not helped by their collection service constantly ringing me to say "did you know you are well overdrawn" as if they didn't know that it's mostly their fault I'm in this predictament in the first place. At the moment they also will not allow me to draw money out of my account so I have to use my credit card to buy food etc and petrol so that I can get to work. That is now rising and I'm now getting interest on that too. When will it end............................... Any ssuggestions will be appreciated as I feel so much better when I've shared and heard back from you guys as I start not to feel so isolated. I'm very grateful for this site.

 

bze lizzy

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