Yes that is also my solicitors opinion damn

Slightly depressingly I have found another letter which I wrote to HSBC, or their DCAs. Although I only know it is HSBC due to how I've filed it, I have no idea if the current DCA, or indeed HSBC still have this. Actually reading it, it doesn't mention HSBC, or an amount just that I'm aware there is an amount being claimed. I was in panic and close to breakdown at the time. Presumably worst case is I have to wait until April before doing anything. Although hopefully the fact that they aren't threatening any legal action implies they don't have this letter, or it isn't seen as acknowledgement? Opinions please? dated 4/4/2007 Name & Address Wescot Credit Services PO Box 137 Dunedin House 45 Percy Street Hull HU2 8HF Wednesday, 04 April 2007 　 Ref: Ref: abc A/C No. xyz As you are aware I currently have an outstanding balance with you on the above account. There are several reasons this has arisen, My business failed in October of 2006, I then suffered a nervous breakdown followed by a period of hospitalisation with Pneumonia and also suffered a marriage breakdown in November which is now heading for divorce. After taking advice from my solicitors, Solicitor's name. we have decided the only viable way forward is to sell the house and pay off all of my debtors from the proceeds. This has already been accepted by two of my creditors and I would ask that you consider the same arrangement whereby the account is frozen until the house is sold and then from the proceeds your debt will be paid in full. One of the creditors who has agreed to this has asked for a letter of intent from my solicitors. I am quite happy to ask for them to provide you with the same if that would is deemed necessary. Yours faithfully 　

Interestingly I've also reviewed all emails I've sent to both companies, and they have been requested not to contact me but my solicitor on multiple occasions so I think I would have a good case with the OFT now? I have sent each of them eamils similar to this 3 times over the last year or so after they started contacting me again, Dear Sirs, As per many previous phone calls and letters any debts relating to NAME of ADDRESS can only be discussed with Jane Astley or Andrew Boddy of xyz solictors, [tel no]. This is on my solicitors instructions. The constant phone calls despite you being informed of this many times have now reached a level which I class as harrassment. Any further contact direct to myself will be treated as such. Implied threats that you can only 'help me' if I go through security and discuss it directly are also being noted. You have been politely requested, many times, to contact my solictors who have full authority to act on my behalf, and have been since 2006 and have pre signed letters of authority. As far as I am aware it is against financial regulations to keep harrassing me in this manor, particularly at work. I am keeping a record of this harassment and for your information all incoming and outgoing calls to my workplace are noted and recorded. Please respond to confirm your receipt of this email.

Ok thanks. Can these letters be emailed or do I need to send them by post?

I do still have the same solicitor. I've been going through all my previous correspondence and have found another letter I faxed to the HSBC, but, I think again just referring them to my solicitor, dated 7/8/2007; I received a letter from you dated 9th July 2007 this weekend with the above references. The last communication I have received from you prior to that date was acceptance that my solicitor, address xxxxxxxx would be dealing with this on my behalf and you would hold the account subject to the sale of my house, which is still ongoing. I have now received a letter of impending legal action and am obviously very concerned about the latest letter I have received from you. Could I please ask you to contact (solictors name) directly to confirm how we can progress this in the most reasonable way? Nothing at all from the capital 1 account. The default on my credit agreement is dated 3/2/2007 for HSBC and 16/7/2007 for Capital 1, however apart from those 2 letters I have made no reference to the debt or made any payments since October 2006, and maybe even before that.

Great, ill do that then, thanks

That's how I hoped it would be seen. Thanks so far everybody.

Hi crocdoc, that is also my understanding, it's just whether my letter restarted the sb countdown in jan 2008, if not then they became sb in October 2012 at the latest.

My understanding is that the 6 year sb time should have started ticking when I last paid in October 2006. But I am concerned that my stupid letter could be construed as an admission of liability and start it ticking again from jan 2008? What I'm really after I guess is people's opinions on how that letter would be viewed by a court, admission of liability or just instruction that everything would be dealt with by my solicitor who completely rightly completely separated the business and personal debts. The fact that they are only threatening recovery and not legal enforcement makes me hopeful that they don't see it as that, or don't have possession of it. In which case do I send a template letter about sb debts, ignore it or send a letter insisting they deal with my solicitor and threaten with oft?

Hi no My Limited business went bankrupt but my personal status didn't even reach CVA. He paid reduced agreed amounts to all the debtors that cooperated with him but nothing to these two as they didn't reply other than via Apex, who I think went bankrupt themselves under a huge cloud. These 2 remaining debts are purely personal.

In October 2006 my business went bankrupt and I handed over all of the process for both my personal and business debts to my solicitor. I made no further payments to any of my debts and in 2008 sold my house and my solicitor then negotiated with my personal creditors and reached agreement and paid most of them. However Capital 1 and HSBC mastercard were dealt with by a company called Apex, who vanished halfway through negotiation. recently both Capital 1 and HSBC have started chasing me again. I have refused to discuss with them and referred them to my solictor but they don't seem to want to contact them, they are threatening me with external collection agencies and recovery agents about twice a week (Capital 1 with Cabot financial and HSBC with Lowell's)l. At no point have they recently threatened legal action or affecting my credit record, etc. The only letter I have written to them since 2006 is this one, dated January 2008; As previously discussed by telephone and letter. Again, please note that all future communication regarding the above account should be made through my solicitor; XXXXXXXXXXX XXXXXXXXXXXXX Address, etc As in previous discussions, resolution of this account is subject to the sale of my house and my solicitor is handling the sale and the discussions on repayment. Would this be deemed to be a written acknowledgment of the debt? Also would any communication from my solicitor be seen to be acknowledgement? aI have asked him for his opinion but am fairly sure he would have been careful in the wording of any letters he sent, if indeed he didn't do it all by phone. Any advice or opinions gratefully received.