Hoist/? Claim Form - old husbands HSBC OD 'debt'

[BankFodder]

You should hope that it is an error by HSBC. They will be the easiest to attack and produce a better level of compensation for you.

 

I'm looking forward to seeing the results of your new scanner!

[hollysmum]

BankFodder

- I truly, truly appreciate what you're saying,

ditto the advice you and the others are giving,

 

 

but I am not in a position, financially, to just go and buy a scanner this evening

- believe me, I'd love to be, and it would be a very useful thing to have

 

 

- because of his illnesses, my husband is unable to work (the heart attack has rendered him disabled now),

and we only just about get by at the moment,

which is another reason why this Claim has had us so bothered

 

 

- we're only too aware that costs could be incurred somewhere along the line,

and worrying about how we'd ever manage to pay those has probably aged me ten years in recent weeks!

 

 

I promise that I will do my utmost to upload as much as I can on Monday,

and I also promise that as soon as I'm able,

I will be down at PC World getting me a scanner!

[dx100uk]

 

It is headed "Notice of Proposed Allocation to the Small Claims Track", and we have to respond by 14th November.

 

Under "Important Notice" it says

"If you do not comply with this notice, the court will make such order as appears to be appropriate.

This could include striking out the claim or entering judgement".

 

What confused me a little was under "TAKE NOTICE THAT" it says

 

"This is now a defended claim. A copy of the defence has already been sent to you by the defendant".

 

Now of course, my husband IS the defendant, and we only sent stuff back to the Courts Centre, not to anyone else.

 

Is what he has received, therefore, a copy of what has gone to Hoist/Howard Cohen?

 

Attached to this notice is a Directions Questionnaire (Small Claims Track), an N180, I believe.

 

Then, there is an EX730, which says

"Would you like to settle your case without going to a court hearing?" and goes on to explain about mediation.

 

I should say that we've never received anything in the form of evidence against my husband,

 

i.e. nothing to prove that the debt is his, and as I said, nothing from Hoist/Howard Cohen, ever, prior to receiving the Claim notice in September.

 

Simply because it is relevant to us, I will tell you that my husband is recovering from a massive heart attack, and I have therefore been acting on his behalf during this imposition from Hoist/Howard Cohen. He simply does not have the strength, physically or mentally, to try and deal with this right now.

 

Please could you advise me how I should now proceed on his behalf? What should I put on the form, if anything? Needless to say, I do not want to incur any expenditure if it's not necessary.

 

My very grateful thanks to you all. Catherine.

 

 

you have done the above haven't you?

[hollysmum]

Yes, I have, dx - I actually telephoned the Court and spoke to a really helpful and nice lady.

[unclebulgaria67]

It might be worth your husband checking his credit record to see if anything is on there at all. If there is any debt showing, then it can be challenged.

 

In regard to the SAR to HSBC, if they can't find anything in your Husbands name, he might just get a letter back saying they could not trace anything. In the SAR, he should provide full name, date of birth and addresses lived at say during the last 10 years and this should enable HSBC to find any records.

[hollysmum]

Hi, unclebulgaria - thank you very much for that.

 

 

I've drafted out an SAR to HSBC,

but had totally neglected to put in his date of birth,

so will immediately go and remedy that!

 

 

My other half is a bit of a nightmare when it comes to a credit record

- he's never had a cheque book,

certainly never had a credit card,

and is not a mortgage holder or anything.

 

 

He was a coach driver until his recent poor health, and spent a lot of time touring in Europe, so was rarely on the electoral roll, either.

 

 

When I went to pay some cash into his account some months ago, the cashier asked me his date of birth, to my surprise, and when I told him, he said "This type of account is normally offered to 16 year olds!!" My husband is a little over 60........!!

 

 

Nonetheless, I agree, it's worth taking a look at what might be on there.

[martin2006]

The credit file can be checked for free at bith of the below websites

 

http://Www.clearscore.com

http://Www.noddle.co.uk

 

Register with both please as not all agencies hold the same information, so what does appear on one may not appear on another and visa versa

[hollysmum]

Thank you, martin2006, very much appreciated.

[hollysmum]

Hello dx100uk, unclebulgaria, dave2006 and BankFodder - I am going to attempt to upload documents I've scanned: the original claim form, the defence, a notification from the Court, and the proposed SAR. I've blanked out personal details.

Scan 1.pdf

Scan 2.pdf

Scan 3.pdf

Scan 4.pdf

Scan 5.pdf

[hollysmum]

It wouldn't have the proposed SAR, or the last scan - I'll try them again.

[dx100uk]

nothing to stop you putting multiple PD'sF into the same document

upload limit is 5 per msg

 

 

dx

[hollysmum]

Thanks, dx - bit of a CAG uploading "virgin"!!

[hollysmum]

Here's my next attempt! It didn't like the original format of the SAR.

Scan 6.pdf

SAR to HSBC - redacted.pdf

[dx100uk]

eh we need to see the sar not std court forms or letters

we know what they all look like already

so what info have we asked you to put up ??

let me go look

[dx100uk]

We need to see statements. Comms or account notes

And any docs to/ from HSBC to your oh

Or to put it better

Stuff that proves or disproves its his account

From the sar return

[hollysmum]

Righto, dx - I'm going to zap off the SAR (having checked the CAG advice posts on what to do and what to put in it) and see what comes of it, if anything. Thank you very much for your help, as always.

[dx100uk]

sri I thought you'd sar'd them moons ago!!

there is an account number on the poc I see

why don't you go ring HSBC and ask ?

what is this account please

 

 

can yo PM me that number?

I have a site that identifies banks by account numbers

[hollysmum]

Hi, dx - no, I'd not SAR-ed, and I got told off for it by one or two others on here, and with good reason! I tried to PM, and it told me that PM was turned off and I would need to edit my options - forgive me again for seeming to be rather slow, how do I go about that?

[unclebulgaria67]

When logged in, go to user cp (top of cag page) and then select general settings. In general settings you can change the private messaging settings you have. Make sure you go to the bottom of that screen to save the changes.

[hollysmum]

Hi, unclebulgaria - thank you for that - I have now managed to PM dx100uk.

[BankFodder]

If you'd like to send the details to me by email on our admin email address, I will pass them onto DX. Maybe you could also include a contact number

[hollysmum]

Hello, BankFodder! I have PM-ed dx now - I managed to find the section on Edit Settings!

[hollysmum]

An update on this saga!

 

Firstly, thank you very much to BankFodder, dx100uk, unclebulgaria and one or two others who have taken the time and trouble to respond to my posts, and have managed to point me in the right direction.

 

I now know that the Hoist claim is in respect of a bank account that originated with Midland Bank

- it did not become known as HSBC until 1999, so whoever might have run up this debt, it is most definitely statute-barred.

 

The branch of the Midland to which it pertains is in a location where my husband has never lived.

 

This evening I shall be telephoning HSBC to see if I can squeeze anything else useful out of them.

 

In the meantime, I have (belatedly, admittedly) submitted an SAR to HSBC on behalf of my husband.

 

I'm feeling a great deal happier knowing that we have some proper evidence, other than just my husband's word, to wave around in court should that ever become necessary.

[dx100uk]

not sure the never lived is quite 100% correct?

 

 

he moved from the area several years previous I think you put in a PM?

so someone could have used personal details sent to the old address to open the account fraudulently in his name?

[hollysmum]

Sorry, dx, if I inadvertently confused you

- no he has never lived in the town where the HSBC branch is.

 

 

He did not move to the county where the branch is until 2006

- at the time that Midland Bank became HSBC, in 1999, he was living in Dorset, and had been living there for several years.