Unsecured Loan Claiming as Overdraft

[RedFinn2012]

Re: Unsecured Loan Claiming as Overdraft

Hi Amethyst,

Yes, in their reply to me they refer to their first letter as a letter before action. They also say that their initial letter is compliant with Paragraph 3 of the practice direction - Pre-Action Conduct and Protocols.

The merging of accounts was done with my knowledge, HSBC called me (sometime in 2005 or thereabouts) to discuss my accounts (I remember I had my daughter in the bath) and the managed loan was sold to me as the answer to my problems, a pity they neglected to tell me that I would be enslaved to it for far longer and much more costly.

Last made payment & contact circa Nov. 2011.

I'll look into the SAR and CCA, I just don't know how Restons can claim it's an overdraft when I didn't have an overdraft on my current account, not really what I'd call compliant with PAP.

My concern is though, that they're trying to circumvent having to provide a CCA by claiming it's an overdraft.

[Amethyst]

Re: Unsecured Loan Claiming as Overdraft

Morning, Is the letter one you would class as a letter before action?

When the loan was merged to the current account was a new agreement made as far as you recall or was it done unilaterally by hsbc ?

Do you recall when you last made a payment / had contact with hsbc on this account ?

It may be worthwhile sending a subject access request to HSBC for all your personal data and transaction lists to give yourself ammunition to evidence your defence of the claim - you could also ( if it is a lba from resting) send arrow a formal cca request if you haven't already.