Cabot chasing HSBC OD - all fees

[dx100uk]

nope load of ole twaddle.!!

 

discount letter..begging

[iamgnome]

Thank you dx100uk!

 

I will continue as normal.

[renegadeimp]

The ONLY thing you should even consider responding to, is if you get a PaP letter

[iamgnome]

 

Understood, sir.

 

I will not respond unless this letter arrives.

[iamgnome]

Just now, BankFodder said:

open

Hey thanks for this! So... Long story short, to help with getting a mortgage, I was told to get rid of the default or find a way to not leaving it hanging in the air. So I've taken some extra actions and thought it would be good to get your thoughts on this...

 

Since I last posted here the debt has gone through 5 or 6 different companies but eventually returned back to Cabot. I sent them a prove it letter and also said this was fees and I'll contest at court etc. They returned with 'evidence' which consisted of a fake looking termination notice, a phantom payment made after the default and bank statements but only up to about 2011. Weirdly enough HSBC also sent a £50 cheque a few days after I sent my letter (haven't cashed it in).

 

I wrote back saying I wished to complain as they've made misleading and false allegations and I'll take it up to financial ombudsman if they don't close the account. To which they sent a letter saying they've processed my complaint (not yet made), offered me £75 for treating me poorly (lol), provided the full set of bank statements now (up to 2016 when account defaulted) and said they've contacted HSBC, who will get back in about 60 days.

 

Here's the thing, the full bank statements don't show much in the way of fees and interest. I also definitely didn't take out as much as they're saying I have, so the statements look doctored. Also they haven't provided T&C's either. Is this typical of them to lie?

 

What do you guys think? And does this give them a strong case? I'm going to send them the complaint with all the points and demand they close the account, then go to the FO. Is this sounding okay?

 

Thanks again!

[dx100uk]

i thought we recommended not to do anything until/unless you got a letter of claim?

 

an OD default wont harm even a prime lender giving you a mortgage in this current climate.

 

did you have any other credit with HSBC?

 

[iamgnome]

Okay well that's good to know, I had to go ahead with the process nonetheless despite your good advice I'm afraid (I'm also getting help from family and they want me to clear my record or at least try). No other credit with HSBC other than a credit card but that was fine not defaulted. Is the above generally okay though, or have I missed something?

Edited March 16, 2021 by iamgnome

[dx100uk]

On 06/09/2018 at 19:41, iamgnome said:

I went to live abroad for some time in 2015 and I'm back now.

I was sure before I left that my UK HSBC account was at 0 but it wasn't due to some overdraft that I gone into without knowing which later led to the account being closed.

I just received a letter from Cabot today saying that I owe them a balance of £1347.86.

 

I spoke to HSBC earlier in 2017 and they said to me that the account in question was closed and that I owed something in the region of £200 due to overdraft.

 

how can an A/C you didn't use because you were abroad go from £200 to £1300!!

nothing to do with you....

[iamgnome]

Okay sounds good, so they're lying as usual.

 

If this does go to Court and they show statements with little in the way of fees then is it right to argue that they're doctored or something similar? Or does the fact that it got closed and sold to the DCA mean it's already irrecoverable?

 

Also when taking it to the FO,S I know you didn't advise this, but generally are they sympathetic to us?

[dx100uk]

you havent answered my question...

[iamgnome]

Sorry my bad, what was the question

[dx100uk]

19 minutes ago, dx100uk said:

 

how can an A/C you didn't use because you were abroad go from £200 to £1300

 

 

[iamgnome]

That I have no idea. It shows that I've taken out funds during my time abroad, but that I don't remember doing or if I did it would've been negligible not to the sum of 1.3k.

[dx100uk]

Just type no need to keep hitting quote.

 

Are these statements on hsbc headed paper or via cabots printout from their debt software

 

maybe send hsbc an sar get things directly?

 

so you did make withdrawal s after you moved abroad, in your 1st few posts you said no.

 

Let cabot sweat for now, they wouldn't be offering discounts if it is a true balance anyway.

 

Whats the defaulted date

[iamgnome]

Sorry lol, I forget how things worked here. Won't hit quote.

 

Statements are from their software, not HSBC's headed paper.

 

I'll work on the SAR. Should I get that done before I go the FO, S?

 

Not sure about the withdrawal, it was long ago. Either way definitely not how much they're saying it is.

 

I like to make Cabot sweat especially after they pulled the phantom payment. Default date is June 2016.

 

 

 

 

 

 

[dx100uk]

hold on then

get an sar off.

 

dx

[iamgnome]

Thanks as always DX

[iamgnome]

Dx, All, just a few more questions whilst I get this SAR ready...

 

About the termination notice, it seems fishy mainly because it doesn't have a precise date for when they would have closed down my account just a threat of going to DCA if I didn't respond in 18 days. Does this make the debt unenforceable?

 

Also they haven't provided T&C's or an overdraft agreement, that must make it totally unenforceable right? Or might an SAR provide this to me, if so doesn't this shoot me in the foot?

 

Thanks again!!! 

Edited March 16, 2021 by iamgnome

[dx100uk]

there are no enforceability issues with OD's, as their is no agreement under the consumer credit act....

[iamgnome]

Okay that makes sense. So for arguments sake, if the SAR does show that I took money out to the sum they're saying, then how screwed am I? I still don't believe the sum they're asking for is true but it sounds like I've got no defence if the SAR statements say otherwise!

[dx100uk]

you don't need a defence

 

they've not even issued a letter of claim yet.

 

and i seriously doubt/hope you didn't run up £1300 when you stated you never used if after moving abroad. this mean cash withdrawals

[iamgnome]

All I know is when I went to HSBC in 2017 they said a figure and it was in the region £200 that I owed, hence why I assumed that I didn't take anything out but I honestly can't remember if I did because I had a different job and bank account abroad. 

 

After all this, is it likely they'll send a letter of claim out? I mean, in the first prove it letter they still gave me a 50% discount, so I'm having a lot of trouble believing what's true lol.

[dx100uk]

hsbc statements will reveal the truth.

 

[iamgnome]

Hoping it's the good truth. Can you guys still help with defence, if it goes court without the unlawful fees argument?

[dx100uk]

plenty od claimform threads here

we've not lost many.