Carter/Lowell claim letter- HSBC Debt was current account - now Loan

[dreadleg]

Dear All

 

New to this site and have been reading through today. Thankyou in advance for any help you can give me with this issue.

 

I had an HSBC current account dating back to 1994 when I was a teenager.

 

Later when I was a university student they gave me an overdraft with limit £1000 in approx 2001.

 

After losing my job in October 2008 I no longer had an income to put into the account.

interest charges took me over the limit and HSBC then put on excess charges for being over the limit

and additional charges every time they added more interest taking me further above the limit.

 

After a few months after informing them of my situation they subsequently took the decision to convert the overdraft into a loan.

 

I could not make the loan payments (I'm not 100% if I paid the first one or not) and the account went into default.

 

Either just before the default or maybe a month or so after I sent out letters to all my creditors with offer of a token payment of £1.

Although I'm not 100% because of the length of time passed I am assuming I would have written to HSBC who were the second biggest creditor.

 

Again I may have also made the first token payment but unsure if I did.

 

I don't have a record of the default notice from HSBC in my paperwork and do not remember if I received one.

In fact the only paperwork I have on this account is a DCA chaser letter from a company called Direct Legal and Collections.

 

For the next year or two I received various chaser letters from Direct Legal and Collections.

All of which I binned.

Having checked my Experian two years ago I saw an entry for the debt default logged by Lowell Portfolio.

This was along with a default logged by HSBC for the same amount with defaults 5 days apart.

Both in may 2009.

 

Agreement start dates also differed (HSBC 2008 Lowell 1994).

The account number/details also differed.

HSBC default was for the new loan account whereas Lowell claim is under the original current account number

(although they refer to it as a loan on Equifax/Experian).

I also do not have in my records a letter of assignment of the debt to Lowell.

 

Earlier this year I queried the double entry with Experian who contacted HSBC and they removed their record.

I have had no other letters about this account for a number of years.

Account number on the Lowell record and on the DLC letters differ.

 

A letter has been sent to my mothers address (my original address but I did update HSBC with my change of address in 2009)

from Bryan Carter Solicitors who have been instructed by Fredrikson International

to commence legal proceedings unless payment is made within 14 days.

 

What would now be the next step?

[dx100uk]

sorry you say this is a claim letter

 

 

or a std threat-o-gram

 

 

say may this and might that?

 

 

dx

[dreadleg]

I believe it is a pre court action letter. Breaks down what court costs may be.

[dreadleg]

They have set a cutoff of 3rd Oct before legal action

[dx100uk]

std rubbish then.

 

 

is this on your credit file?

 

 

dx

[citizenB]

For how long did HSBC continue to add charges once you had informed them of your financial hiccup (prior to them changing it to a loan) ?

 

Is this a Managed Loan ?

 

Was there any Payment Protection Insurance added to the loan ?

 

When they went through the means and needs process before providing the loan, did they take into account your total income and expenditure - including any other debts you might have had ?

[TimeToStandUp]

Seems the same route as they did for me, and I was surprised that I actually did after that letter get court papers sent to me... Again mine is Stat Barred and thats what i used as my defence.. (As per my current thread)

[dreadleg]

The Lowell's record is on my credit file. HSBC was too but they have recently removed it.

 

Don't think the debt is stat barred as yet.

 

HSBC when informed converted the overdraft to a loan. Not sure of any additional charges at that point.

 

 

Most charges were for going over the limit which was caused by their interest charges (got jacked up after the student interest free period). Unsure of any PPI.

 

Not quite sure what you mean by a managed loan.

 

No income and expenditure questions when they converted to a loan. Everything was done over the phone.

 

Should I be sending any letters to Bryan or Lowell's before the date. Looking at other examples I think he will sends court papers to me.

[dx100uk]

did you sign the agreement?

 

 

have you got it?

 

 

what is the default date on the cra file

 

 

dx

[dreadleg]

Default is May 2009. HSBC record was 5 days before also May 09.

 

I do not have the agreement. It's almost 6 years now since loan was started so can't recall 100% if I signed anything. Don't think I did.

 

Lowell's are chasing using original overdraft account number with a start date of when the account was started in 1994. Although record states loan not overdraft.

 

When converted to loan this was given a new account number start date 2008.

[dx100uk]

then there must be a signed agreement for them to enforce it

CCA request time

 

 

dx

[dreadleg]

Can I do anything to hold off action from carter whilst waiting for the cca. Who should I send cca request to? Carter, Lowell or HSBC. What about the default notice too, which I think will be on the loan account not the overdraft account.

[dx100uk]

slow down stop panicking.

 

 

cca request to carter.