lowell chasing old hsbc bank overdraft

[dontknow1]

Hi All,

 

Ive been able to get Lowell off my back previously through this website

I am hoping I can get some quality advice this time around as well.

 

Im being chased by Lowell for an old debt with HSBC.

 

I had an account with HSBC and back in my stupid student days ended up withdrawing some cash over my over draft limit.

 

This resulted with a balance of £742 with over half of these just being bank charges

 

. The last time I used my HSBC account was January 2009

, however, Lowell has got an account Default date of September 2009.

 

I believe that this gives them some extra time to play with the statutory limit of expiration.

 

Recently, they offered me a small discount but I also contacted them by email with an offer to settle the dispute that they turned down and are now demanding the full amount.

 

I have not paid any part of this debt since it became defaulted.

 

I don't want this issue to escalate any further and especially for Brian Cater to get involved.

 

What do you guys think are my best options?

 

Should I try negotiating for a full and final settlement or just agree to a payback agreement of the full amount?

 

Secondly, should I challenge that this account is in fact statute barred?

 

But I don't know at what point the clock starts ticking for this account.

 

Would it begin from the last time that I used this account or are Lowell correct with the default date of sept'09?

 

Thanks in advance for your help. I really want to get this issue resolved as this is the only issue impacting my credit report and any future mortgage applications I may need to make.

 

Details of the last letter received from Lowell

 

Pre-Legal Assessment

 

Dear XXXXXX,

 

Your account is escalating

 

We have written to you a number of times but you still haven't repaid your debt or entered into a repayment plan. Please contact us as soon as you can as we are still committed to helping you repay this debt.

 

As you have not paid we have obtained information about you and your current financial circumstances from a credit reference agency to help determine whether we should take legal action against you.

 

From this information we believe you are working, have other credit products and that using the County Court is a realistic option for us to recover the money you owe.

 

If any of the above information is not correct, or you have a reason as to why you think we shouldn't proceed with legal action you need to call us straight away and let us know why.

 

Our objective is to work with you to repay this debt. We genuinely want to avoid taking legal action but we need you to contact us.

We are happy to agree with you any amount you can afford to pay by instalments.

 

Yours Sincerely,

[dx100uk]

You should have kept quiet....

 

Best bet now is an sar. to HSBC

Get all the statements

 

SB will be from when HSBC called the od in

I suspect that will be when they defaulted it sept 09

 

So not SB.d ttill sept 15

 

DX

[fkofilee]

That letter... Its a lot of bulldash because... They cant use "Other" Credit products to make you pay a debt!

Damn...

[dontknow1]

Thanks guys - what do you reckon then?

 

dx100uk - Even if I had kept it quiet then I still ran the risk of Lowell escalating this legally,

given how close this is to the SB period.

 

I will send the SAR request.

If they are producing blank statements till Sept 2009,

then that means that Sept 2009 is the default date?

 

fkofilee - do you reckon I should just stick to my guns?..

. or should I make them an offer to settle?

 

What would you guys think is a good full and final offer for this amount?

 

 

Any negotiating tips will be very useful.

 

Thanks again for your help guys.

[dx100uk]

exactly then why reply to them?

they know they've got your attention now.

 

 

get that sar moving 1st thing

 

 

paying an F&F does not stop them from issuing a claim

if anything it even more tells them you've got money to burn.

 

 

just think why have they done this.....urm..

could it revenge if they lost the o2 case?

 

 

dx

[dontknow1]

Im on the case dx100uk.

Cheers for your response. I will send out the SAR request.

The O2 case was a very successful outcome for myself. Lets see how this one plays out. Thanks again.

 

P.S. Can you please provide a few useful links on F&F settlement cases on these pages that I may read through?

[dx100uk]

search middle of the red top toolbar

 

 

pers I'd never advise an F&F ever

 

 

dx

[dontknow1]

Hi dx - just wanted to update you and bounce off an idea.

So, I've checked with HSBC and they have told me that the account closure date was indeed september 2009. They printed out a statement for me even though the account wasn't in use since Jan 2009 because of the charges.

 

* Do you agree that the best way forward for me would be to arrange for a re-payment plan for the whole amount? Also, given that you are incredibly suspicious of F&F.

 

* Secondly, I have the SAR typed up but Im not sure who to send this to? Does this go to HSBC or Lowell? I saw the link to the Data Protection Public register but which one of the two should I search in it?

Also, is there any point to send it now?

 

Sorry to bother you again but I have a deep suspicion that Lowell will try to take legal action before September and I don't want to press the panic button then. Alternatively, do you think its worth the risk to keep it quite and wait for another threatogram (or have I already received the last one as typed above and the next letter will be from Bryan Carter)?

[dx100uk]

an SAR always goes to the original creditor

regardless to if the debt has been sold to a no powers Debt collection agency

 

 

you seriously need to read around

 

 

if your last usage was jan then you have a good case for statute barring along with an untimely default notice iisuance.

 

 

stop panicking

 

 

farter is simply the next desk in the same office

just a diff bloke in a diff coloured skirt

putting a diff letterhead in the same printer

go check a few addresses you'll see.

 

 

pers bar the SAR I would not even waste a stamp on a stupid no powers DCA

they ARE NOT BAILIFFS

[dontknow1]

Hi Dx,

Thanks for the above. Its given me a bit more courage to fight this.

I've read a bit more on the HSBC SAR requests using the search bar above.

So I will be sending that to:

8 CANADA SQUARE

LONDON

E14 5HQ

 

 

As for the actual content, Im going to be using the template that you kindly advised above.

However, I will be adding the following line:

 

"Please provide full disclosure on the default date on the above account and on default notice issuance." ~ Do you agree?

 

Postal order will be addressed to - HSBC Bank plc. ~ Picked this up from one of the other threads.

 

"if your last usage was jan then you have a good case for statute barring along with an untimely default notice iisuance." ~ Would I just send Lowell a letter once I get all the relevant information from the SAR request? Are Lowell allowed to escalate this account legally while the SAR is being processed given the 40 day grace period?

 

Experian contacted Lowell on my behalf and they have come back with the following. Though it might be interesting to share:

 

"They've confirmed that this information is accurate, so I'm afraid I can't make any changes to it.

 

They state that if you have any documentation to state differently please send.

 

I understand that this may not be the outcome you were hoping for. If you'd like to discuss their decision, you should contact them directly. Their contact details are:

 

Lowell Portfolio I Ltd,

Lowell Financial Ltd,

PO Box 172,

Leeds,

LS11 9WS

 

Tel: 0845 3009416

 

Don't worry, if they send us any further instructions regarding this matter, we will do as they ask.

 

Our standard dispute statement will be removed from this information shortly. If you'd still like there to be a dispute statement on this information, I can add the following:

 

"The consumer has disputed the accuracy of this entry. Given that this data is disputed, please take care if making an assessment of any kind that may include this data."

 

Please let me know if you'd like this statement to be added to your report, where it will stay until you ask us to remove it."

 

 

Many thanks again. I do appreciate your help.

[dx100uk]

?? Canadian sq is EGG

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?10-HSBC-Bank

 

 

let lowells sweat

dx