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Hsbc debt passed tp Restons solicitors ...Please Help!!

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  • Hsbc debt passed tp Restons solicitors ...Please Help!!

    I am needing urgent advice please

    I have 2 old Hsbc debts that I have left ignored for the past 2 years.
    one is for a cc of £4163.94 and the other states an overdraft but I'm certain it was a personal loan that is for £6931.43.

    I think these were taken in 2006, when I went into my local branch to ask for an overdraft and then left after being thrown all this available credit to me. (Stupid I know, I had just split from my partner and was struggling financially with my children)

    I entered a dmp with Pentagon which I stopped paying nearly 2 years ago and nothing since. The debt was then passed to Arrow Global and I have just stupidly ignored calls and letters hoping they would go away.
    Today I have received the same letter for each debt from Reston Solicitors saying that they are instructed to issue court proceedings against me and the purpose of the letter is to explain the position to me and to suggest a possible way that legal action can be avoided. Attached is expenditure forms. I am currently pastime self employed so my maximum I could pay back is £50 on each per month.

    I do not want to run and hide anymore and would like some advise on what to do. Also I am sure I have added ppi to both of these as I received a letter from Hsbc saying it may have been applied wrongly.

    Please help as I am really worried.
    can someone please kindly advise what my next steps are
    Tags: None

  • #2
    Re: Hsbc debt passed tp Restons solicitors ...Please Help!!

    Sorry not pentagon.. I had a plan with eurodebt.

    Comment


    • #3
      Re: Hsbc debt passed tp Restons solicitors ...Please Help!!

      I entered a dmp with Pentagon
      Sorry not pentagon.. I had a plan with eurodebt.
      Same outfit.
      Eurodebt is a trading style of Pentagon.

      'Will' issue court proceedings, or 'may/might'....?
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Hsbc debt passed tp Restons solicitors ...Please Help!!

        thank you for the reply....

        the letter states:

        "We act on behalf of Arrow Global who has referred your account to us for legal action. This means that we are instructed to issue court proceedings against you.

        The purpose of this letter is to explain the position to you and to suggest a possible way that legal action can be avoided,

        our client is prepared to consider the repayment balance by instalments. To ensure that any instalment arrangement is affordable and sustainable please complete the enclosed financial statement with confirmation of your offer and return it to us no later than Thursday June 8th"

        The letter is dated 1st June but I only got it today
        x

        Comment


        • #5
          Re: Hsbc debt passed tp Restons solicitors ...Please Help!!

          Hi

          Well I would be sending a CCA request to AG , send one for each account.

          The letter seems not to be a proper letter before action but I think I would treat it as such and send them the following


          Dear Sirs
          Ref: xxxxxx
          Thank you for your letter dated xx/xx/xx. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”
          Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
          I require copies of the following:
          1. The original agreement
          2. The Default Notice
          3. The Deed of assignment
          4. The Notice of assignment
          5. Statements of account

          These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.
          In addition S78 requests was sent on xx/xx/xx to Arrow Global ( copies enclosed for reference only) and I am waiting a response
          I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
          Yours faithfully,
          Lets see what others think
          [MENTION=5553]charitynjw[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION]

          One thing to bear in mind, if the do issue proceedings and they combine them, I would then really think about getting legal representation as the claim will be over £10000. Some solicitors will do a CFA ( often called a no win no fee)

          http://lbcompare.co.uk/services/

          Although I can no comment on how any firm operates, typically they do not charge a fee however some ( not all) do charge a success fee which you would have to pay. If you do go down that route get some quotes from at least two or three firms

          Comment


          • #6
            Re: Hsbc debt passed tp Restons solicitors ...Please Help!!

            Originally posted by warwick65 View Post
            Hi

            Well I would be sending a CCA request to AG , send one for each account.

            The letter seems not to be a proper letter before action but I think I would treat it as such and send them the following




            Lets see what others think
            @charitynjw @Diana M @pt2537

            One thing to bear in mind, if the do issue proceedings and they combine them, I would then really think about getting legal representation as the claim will be over £10000. Some solicitors will do a CFA ( often called a no win no fee)

            http://lbcompare.co.uk/services/

            Although I can no comment on how any firm operates, typically they do not charge a fee however some ( not all) do charge a success fee which you would have to pay. If you do go down that route get some quotes from at least two or three firms
            I try to 'rate' the letters from creditors/debt collectors,& react accordingly.
            Benign ones are filed; letters before action go to DEFCON 3 & CCA/CPR/SAR responses are deployed as appropriate.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Hsbc debt passed tp Restons solicitors ...Please Help!!

              thank you for your advice... I really appreciate all your help!

              what happens once you send a CCA? Ive never had experience of this or what the procedures are

              Do I send a CCA to HSBC, Arrow Global & Reston's Solicitors? x

              Comment


              • #8
                Re: Hsbc debt passed tp Restons solicitors ...Please Help!!

                CCA goes to Arrow although they will pretend it doesn't apply to them.

                You could also send one tp HSBC to compare with what AG send but I never have done

                Send a copy to Restons saying it os for information purposes only , however they never read letters and will likely send you a template letter out saying you haven't sent the fee and they are not the creditor

                Bottom line is, the only one you must send is to AG

                Comment


                • #9
                  Re: Hsbc debt passed tp Restons solicitors ...Please Help!!

                  Originally posted by warwick65 View Post
                  CCA goes to Arrow although they will pretend it doesn't apply to them.

                  You could also send one tp HSBC to compare with what AG send but I never have done

                  Send a copy to Restons saying it os for information purposes only , however they never read letters and will likely send you a template letter out saying you haven't sent the fee and they are not the creditor

                  Bottom line is, the only one you must send is to AG

                  Thank you!

                  Do I send a fee with this CCA?


                  Ive just started to prepare the CCA but I've just noticed that 2 letters that I have received in January were from Capquest ( saying they would like to offer a settlement figure) ....so my next question is do I still send the CCA to Arrow Global or Capquest??

                  Comment


                  • #10
                    Re: Hsbc debt passed tp Restons solicitors ...Please Help!!

                    £1 postal order or cheque.

                    If Restons are acting on behalf of Arrow it would be Arrow you send the CCA to, as they should hold assignment of the debt. Capquest may have sold the account on to Arrow in between times.
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: Hsbc debt passed tp Restons solicitors ...Please Help!!

                      Thanks so much!
                      Sorry another update:


                      Ashamed to admit that as I've been worried and burying my head in the sand I have only just read the letters properly and have noticed this...

                      Arrow Globals letters....

                      The £6931 debt they have stated on their letter that the date of the original agreement is 21/08/1996 and that its on overdraft. I know 100% that it was never an overdraft and was a personal loan and was taken out in 2005. 1996 would of been the date I opened my bank account with them.

                      The £4164 debt they have stated the date of agreement was 18/01/05 and a credit card which is correct and the personal loan was taken the same day as I visited the branch for a small overdraft and was given a cc and personal loan at the same time whilst enquiring!

                      Any advise to that? x

                      Comment


                      • #12
                        Re: Hsbc debt passed tp Restons solicitors ...Please Help!!

                        HSBC do tend to amalgamate things and call them overdrafts - it is not an overdraft and that doesn't get them out of having to supply the CCA. They will also need to provide the terms of loan, OD and credit card, to show they are entitled to move around the debts.

                        I visited the branch for a small overdraft and was given a cc and personal loan at the same time whilst enquiring!
                        Goodness me they are so awful. You could lookinto irresponsible lending as well at some point if this goes much further.

                        It really would be worth your sending a Subject Access Request to HSBC as well for full details on all products you had with them and show how they got joined up and dumped into an overdraft - could be useful further down the line. I expect they will reply that the CCA doesn't apply as it is an overdraft so, if they do, we can go back and challenge them on that. Woul;d you have any previous bank statements showing your OD as normal around the date of closure?
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: Hsbc debt passed tp Restons solicitors ...Please Help!!

                          just a quick question... what is the S78 that you refer to...is this something separate that I have to send to Arrow Global as well as the CCA?
                          thank you




                          Lets see what others think
                          @charitynjw @Diana M @pt2537

                          One thing to bear in mind, if the do issue proceedings and they combine them, I would then really think about getting legal representation as the claim will be over £10000. Some solicitors will do a CFA ( often called a no win no fee)

                          http://lbcompare.co.uk/services/

                          Although I can no comment on how any firm operates, typically they do not charge a fee however some ( not all) do charge a success fee which you would have to pay. If you do go down that route get some quotes from at least two or three firms[/QUOTE]

                          - - - Updated - - -

                          Thank you so much, I really appreciate the help! Its all a bit scary and unknown to me!

                          Comment


                          • #14
                            Re: Hsbc debt passed tp Restons solicitors ...Please Help!!

                            SAR (Subject access request)

                            Comment


                            • #15
                              Re: Hsbc debt passed tp Restons solicitors ...Please Help!!

                              Sorry to be so stupid....
                              Ive painted out my CCA to send to Arrow Global
                              Who do I send a SAR to?

                              Apologies for my many questions?

                              Comment

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