HSBC/CABOT Help please

[rh999]

hi there

 

I could do with some help on this issue, as it is quite a difficult situation.

 

I had an account with HSBC up until around 1999, where i had some financial problems at that time. My account at the time got converted into a loan (of which the majority was charges).

This then got passed to Metropolitan Collection services in 2001, and i agreed to pay them a monthly payment to reduce the debt.

 

As far as i was concerned (i set up a standing order, which was paid as per their instructions) this was paid on time every month, up to 2004, where i believed the debt had been cleared.

 

A few months ago i received a letter from Cabot financial stating there was an amount still outstsanding on the debt.

 

I disputed the debt at the time, and they said they would raise this with HSBC. i have this week received a printout from Cabot showing the payments i made.

 

Which shows there is an outstanding balance at the end. The payments tie up with my records from my bank account statements (well back to 2002 anyway).

 

My problem is i have no correspondence from HSBC or MCS from the time, which may indicate a discrepency in the amount, can i SAR this from HSBC or MCS?

 

Now to the questions;

1. As this debt was made up from charges can i try and get a refund (even though the charges were placed on the account over 6 years ago?

2. Should i CCA them? i cannot remember signing a credit agreement for the loan at the time, as it was transferred from the bank account. the credit agreement number quoted in the letter is ny old bank account number from HSBC..

3. This debt shows on my credit file (have seenn it) as a default. presume i can get removed under banking code, if i dispute it?

 

Thanks in advance for your help.

[rh999]

thanks Rory.

 

why should i not sign the letter?

[rh999]

they wouldnt do that would they?

i have come across a few dodgy DCA's but never heard that one!

 

thanks again.

 

will update once i CCA them

[rh999]

thanks for your hlp guys.

 

i will post an update if i have one.

[rh999]

hi there

 

i could do with some help with developments on this.

 

sinc eposting, i have CCA'd Cabot and sent SAR to HSBC on the charges.

 

clocks ticking on the SAR to HSBC, bit the 12 days on CCA to cabot ran out today.

 

since sending the CCA to cabot i have had a letter from them as follows;

 

thanks for your letter dated xxxx

please find enclosed your cheque for the £1.00 fee required under 77-78 of the consumer credit act, as we do not accept this statutory fee.

cabot will always assist the customer and the creditor in providing information and therefore i can confirm that cabot has requested the relevant documentation from the vendor HSBC and on receipt this will be forwarded to you accordingly. there may sometimes be a delay in providing the documents, as the vendor may have to retrieve these from theor archives. therefore we would appreciate your patience and cooperation in this matter.

you cantact us anytime blah blah

 

note on this - i sent a postal order not cheque (prats). can they do this? does this affect anything from my point of view?

 

i want to send a letter stating they are in default of the CCA request but cannot find anything in the templates library. any links anyone?

 

this seems a very nice letter from these guys, opposite to what i have seen on here about their tactics? have they changed their ways now?

 

any help on ow to respond would be appreciated.

 

thanks

[rh999]

thanks Jowalshy

 

is there a template letter stating they are in default which i can change for my circumstances?

[rh999]

thanks Jowalshy

 

thanks again Rory.

 

will update when i have more on this

[rh999]

thanks Rory

 

in the likelyhood i may start getting problems from them i have left a post in the cabot forum, with a link to this post.

 

is that right way to do it?

[rh999]

thanks for that DJ. Your right of course.

 

interesting letter received from HSBC today regarding my SAR request on the account i had before cabot got their hands on it.

 

thanks for your letter (not).

we note the account you are requesting statements for is a loan account. as this will not have incurred charges in the same manner as a current acct we have not provided this information to you

we are happy to pay for any information and we return your payment.

if you require more information please let us know

 

this was a current acct before they converted it into a loan, and i'm sure they did not give me a new acct number for it.

 

looks like i'm doing some digging around my garage at weekend!

[rh999]

thanks elizabeth

 

will get that sent off tomorrow.

 

will update with a reply from them when it comes.

 

rh

[rh999]

Hi All

 

just a quick update on this...

 

cabot have gone very quiet...

 

HSBC havent. i responded to the letter stating the account was a current 1 before they converted to a loan. it got transferred to a compliants unit, and on friday i called them and got confirmation they have the info i require.

 

in the meantime Cabots 40 days were up to provide me with the cca. and according to HSBC they will be hard pushed to get one.

 

it seems as far as HSBC are concerned i wil not get much info on the SAR, as the account was closed in 2001, and they dont keep any info prior to that..

 

with my suspicions aroused i decided to call cabot (withheld my number) i know some will say not to call, but they dont bother me too much, and i tend to tie them in knots if they start on me

 

when i called i specifically asked if Cabot were acting on behalf of HSBC or had they purchased the debt. they confirmed the debt was purchased in may last year. not sure if i mentioned before but there is a default on my credit file for this supposed debt. the entry for this "default" was placed on my file last june.....

 

wonder who did that then?

 

i will be sending an LBA to cabot tomorrow instructing them to cease any collection activity, and any data usage on me including removing the default.

 

see how it goes eh??

[rh999]

Hi all

 

Elizabeth,

the SAR is on HSBC not cabot. but HSBC have told there wont be much to give the account was so old. by the way we are only talking £100 here defaulted (from a £3k loan converted from charges).

 

a year ago i would have paid it without looking at it, but i am sure i have paid in full (charges or no charges). although cabot have not tried it on with me too much, seeing the way they have treated others on here has pushed me to take them to cleaners on this.

 

Seahorse your totally right. no contract, no default

 

as a separate issue i have a SAR outstanding on equifax, i have specified any inputs around june last year to them, so i will be interested to get a name at cabot.

 

to be honest i have enough on my plate with a claim on Lloyds TSB, where their collections department are threatening court for an unauthorised o/d, but cabot have pi**ed me off.

[rh999]

Hi all

 

update....

 

Cabot - still no CCA. have sent them a letter stating they have not complied with my request, and i believe they placed a default on my credit file in error. have instructed them to remove now, or face court action. no response, so LBA going to them now.

 

HSBC - now received all info they hold on me. transpires i had x3 accounts (did i?!??) x1 personal and x2 loan accounts.

 

one of the the loans was a "managed loan acct".

 

one glaring thing missing from this was any CCA's. nothing from either loan or the current acct.

 

so no contract!!

 

no statements either. so i cannot work out whether this "managed loan acct" was full of charges or not...

 

another interesting thing in this pack was a diary log from the collection company who took the money from me. some of the items in there was crap. phone calls and letters stating i was in arrears despite my bank statements from where the standing order came from showing regular monthly payments. complete fabrication of the truth.

 

can anyone tell me how to respond to this SAR? the lack of transactions really p*ss me off. cant i get this from anywhere?

 

thanks in advance

[rh999]

Hi All

 

quick update on this.

 

still no response from Cabot...

 

whilst doing this, i had sent SAR to equifax to get a feel of what was going on there.

 

received my pack from them today.

 

default has been removed from my credit file.

 

looks like either HSBC or Cabot have removed it as they do not have a CCA...

 

dont think i will hear from these guys again.

 

thanks all for their help in this saga.

[rh999]

no Seahorse

 

nothing from then at all. not even a kiss my ar*se

 

might be a good idea to check mate.

 

i will be calling them to thank them for removing the default, just to wind them a little...