Westcott Credit Services - Debt

[simon4amiee]

Some time ago, my wife took £10 from a HSBC cashpoint, as it happens she only had £9.63 in the account, this took her overdrawn and she was charged, she then paid the amount owed, but becasue it wasn't in the banks calender month, it triggered another charge, which she was reluctant to pay and hasn't, very stubborn women, she refuses to pay £30+ quick for a charge she already paid, and for going overdrawn, when the expalanation she was given was HSBC round theirs up to the nearest pound, hense the charge that followed anyway its been left and left and left it is now at £420.31 owed, because of this 37p overdrawn charge. She now banks with a different bank, but the letter is now at the pay in 7 days or go through Couty Court proceedings. I said let them take you to court, last time that happened with me over a £300 debt I only had to pay £5 a month, and as our finances are the same as then, can't see the court refusing this, but will take em 7 years to collect the debt. What others views.

[tiglet]

Your wife should send them the SAR letter and advise she is going to be claiming back her bank charges.

 

That should stop them in their tracks - your wife claiming before they can.

 

Although the case will be "stayed", follow the procedure outlined on here so that your wife's case is in the queue for when they "un" stay them.

[simon4amiee]

Doesn't help though really, I was going through an agency and they said they wouldn't do anything unless it was over £800 of debt, mine must have run unto thousands no word of a lie, yet they came back and said it added to £400 in charges, my backside it did, I was overdrawn every month for 6 years then accepted the charge, then add on the cancelled DD etc, no way was it £400 so I never accepted the offer. anyway, I think it stinks my wife is now £420 in deby becasue a computer system rounded her account up and she went 30 odd pence overdrawn.

[tiglet]

Only way not to let them get away with it is to reclaim the charges - you neevr know, there may be more on there.

 

Once the account is in dispute, they cannot proceed with collection action upon it until the dispute is resolved.

 

Either that, or you can wait for it to get to County Court and make a counterclaim.

[simon4amiee]

Any tips on a counter claim, what is it etc were would I start, any help appriciated!

[tiglet]

It would start with papers being served for a CCJ.

 

You then can choose whether to admit, defend some of the claim, defend all of the claim or counterclaim. You would require HSBC to disclose all of the information they have in order to submit your defence/counterclaim. Then, your wife would calculate her bank charges, plus interest etc, and using the many good arguments you will find in the litigation section here, try to prove that the charges are unlawful.

 

With the fact that there are stays being put on so many cases, I don't know whether the Judge would accept your counterclaim or would stay HSBC's case.

 

It might be worth going down the SAR route etc as HSBC might settle before court and refund the charges/clear up your wife's credit record. But it is really up to you.

[conar686]

Any tips on a counter claim, what is it etc were would I start, any help appriciated!

 

I'm assuming that you haven't yet received a courts claim, so there is no requirement for a counter claim as yet. I'd follow tigs' advice and send them a S.A.R - (Subject Access Request) for both yours & her indoors accounts.

 

Data Protection Act - Subject Access Request Generator *** New ***

[simon4amiee]

The bank is Natwest who do I send the SAR to, Ive had a quick look on here but couldn't find an address.

[conar686]

The bank is NatWest who do I send the S.A.R - (Subject Access Request) to, Ive had a quick look on here but couldn't find an address.

 

You'll find an address in here

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/

 

Send the SARs today