Old debt with HSBC, Clarity Credit Management sending letters

[ssmmdd]

Hi guys,

 

I took out a loan & Credit Card with HSBC years ago. More than 6 years ago, deffo.

 

Now it appears HSBC have joined the two together into a single debt (£2,458.14)

and appear to have sold the debt to "Clarity Credit Management",

who are now sending me letters demanding I pay up.

 

The funny thing is, the debt doesn't even show on my Credit Report on Experian.

 

How on earth can they chase for a debt that's not even on my record anymore?!

 

Can I fight this, or do I have to pay it?

 

Cheers.

[citizenB]

It is irrelevant how long ago you entered into the agreement - but how long ago was the last payment made to either account ?

 

HSBC are combining accounts as a matter of course now, where there is a default situation.

 

Information re statute barred below.

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

 

So you need to establish when the last payment was made.

[rdm2006]

HSBC alway knows best - NOT

[ssmmdd]

Yonks ago, I'm 99.99% certain it's over 6 years ago.

 

In fact it's deffo over 6 years, plus wouldn't it show on my Credit Record if I'd paid them within 6 years? I may be wrong on that, please correct me if I am!

 

Bump - What can I send to the Debt Collectors to tell them to get lost?

 

Cheers.

[citizenB]

Bump - What can I send to the Debt Collectors to tell them to get lost?

 

Cheers.

 

 

If you are certain that the last time you made payment or acknowledged liability was over 6 years ago, then send the statute barred letter from the CAG library. You will find the library at the top left of the screen.. highlighted in green.

[ssmmdd]

If you are certain that the last time you made payment or acknowledged liability was over 6 years ago, then send the statute barred letter from the CAG library. You will find the library at the top left of the screen.. highlighted in green.

Cheers citizenB, I'll get them off in the post now to them using Recorded Delivery.

 

[EDIT]

Unsure if I signed up for PPI on the Loan - is there a way I can find out if I did? If I did, should I try to claim it, or tell Clarity to shove off and forget about it? Cheers

[/EDIT]

Edited August 2, 2012 by ssmmdd
PPI

[citizenB]

Cheers citizenB, I'll get them off in the post now to them using Recorded Delivery.

 

Unsure if I signed up for PPI on the Loan - is there a way I can find out if I did? If I did, should I try to claim it, or tell Clarity to shove off and forget about it? Cheers

 

 

The only way you will know if you had PPI would be to either look on your statements - PPI will show as a separate payment or obtain a copy of your credit agreements

 

A loan with HSBC should show the PPI on the agreement with separate terms and conditions. Almost certainly it will be an up front payment which then attracts interest as it is added to the original loan. You would need a copy of the agreement and if at all possible, statements.

 

The credit card - PPI will be shown each month on statements as a proportion of the outstanding balance - again you would see if is applied by looking at statements. It is likely that there would have been a tick box on the agreement - just ticking this doesnt mean that the product was suitable for you.

 

Some people found they were inadvertently signed up to PPI on credit cards when they "activated" a card.

 

If you dont have statements/agreements then you can obtain those by sending a Subject Access Request to HSBC - there is a draft letter in the CAG library - you will need to send £10.00 with the request and the bank has 40 calendar days to comply with your request.

[ssmmdd]

Hi citizenB,

 

They replied to the letter with some crap about knowing all about the statute barred stuff and bla bla bla, but that they will hand the account back to whoever gave it to them.

 

I'd call that a success, tbh. For now anyway, let's see what whoever gave them it do...

 

If I throw a SAR request to HSBC, will that cause any problems with the Statue Barred thing, or am I still okay to chase them regarding PPI even though it's SB?

 

Cheers.

[citizenB]

There is absolutely no harm in making a claim for the PPI - if the account was assigned to another company then they might not even realise.

 

If you dont try - you wont ever know. Reclaiming PPI will NOT un statute bar the account, if that is what you were worried about !!

[ssmmdd]

Reclaiming PPI will NOT un statute bar the account, if that is what you were worried about !!

Smashing, that's exactly what I wanted to hear. I'll get on to them sharpish.

 

Sorry for the late reply btw, life has bitten me in the backside. Well, half that and half I simply forgot/didn't have time.

 

Anyway, this is starting to go on about PPI, not retarded companies trying to screw money out of people via dodgy ways - I'll make a new thread in the approriate Forum for my PPI Claim.

 

Cheers!