Hello. HSBC sold debt to Cabot, need advice please

[Austindp]

Ok, thank you AMETHYST that makes perfect sense.

I'm sure you have a template of an SAR on here, so will send that off to HSBC and report back once I hear from them.

Is it worth me sending anything to Cabot in the meantime or just leave it until I know where I stand with HSBC.

Thanks again, enjoy the coffee!

[Austindp]

Hi AMETHYST

It's been a while since I've been on here, been waiting for the results from the SAR I sent to HSBC, so here goes...

I sent the SAR as you suggested and got a letter dated 29th October saying "they are processing my request and they will get back to me no later than 23rd November. Due to security reasons the data will be dispatched to my home address via tracked mail"

With today being 24th November I have still not received anything.

would my next step therefore now be to send the letter you suggested earlier to Cabot asking them to close their case on me (as the debt is not enforcable) and remove all negative info from my credit file?

Thanks in advance for your help.

[Amethyst]

Have you heard anything else at all from Cabot ?

With regards HSBC and the SAR - you could now make a complaint to the ICO https://ico.org.uk/make-a-complaint/...tion-concerns/

If you speak to the ICO mention you believe it is a Ltd company account ( so HSBC won't be able to respond in any event ) but that you are after the SAR information to try and evidence that to a Debt Purchaser who is reporting it on your credit file wrongly as a personal debt.

[MIKE770]

still too early SAR could arrive ( as mine did a week later albeit in 2 parts) after the ICO slapped HSBC's office knuckles, getting a false promise that they have updated their procedures ( that was a few years back as well.)

[Austindp]

I think I've had just 2 letters from Cabot in that time, both offering to help me pay, being all nicey nicey but no more phone calls, so perhaps they are coming to the same conclusion as I doubt they'd just give up.

I'll wait a few more days and see if anything arrives from HSBC, although I have just noticed they've spelt my surname incorrectly on the letter they sent...

I guess a little more patience and then a letter to Cabot as you guys have suggested, informing them that the debt they are chasing is a business current account overdraft from a limited company that has since been dissolved and that they should cease chasing me personally and MOST IMPORTANTLY remove the default notice on my personal credit file...???

[Amethyst]

That sounds like a good plan to me.

[Austindp]

Morning

I've got a draft letter to send to Cabot. Would you please have a look and let me know if there is anything I should add or remove?

Dear Sir/Madam
I write with reference to your recent correspondence (ref: *********)
The debt you are chasing was for an overdraft on a private limited company current account with HSBC. The company was called (removed) and the company number was (removed).
This company has since been dissolved at Companies House on 14^th November 2017.
As it was its own legal entity I am therefore not personally liable and as such I won't be paying you.
You should cease writing to me immediately (other than to confirm you have removed the default erroneously placed on my personal credit file by you relating to this alleged debt) and if you don't I may issue proceedings without further reference to them under the Protection from Harassment Act 1997 relying on case precedent of Porter v Price [2004]/Ferguson v British Gas [2009].
Kind regards

[Austindp]

Bump, hoping someone can help with the letter in my previous post as I'd like to get this posted out to them

Thanks in advance

[Amethyst]

Have you received any further letters from Cabot or your SAR response from HSBC yet ? If you haven't yet had the SAR I'd chase them up.

I have concerns that doing this now will simply push Cabot into obtaining the relevant info from HSBC - the credit file will stay screwed and Cabot will go forward with a court claim - I suppose at least you'll know one way or another if they have the PG info. As you want answers I don't think now is appropriate for the harrassment bit - you're not receiving lots of calls and letters about the debt are you?

reworked anyway...

Dear Cabot

REF xxxxxxxxxxxxxx

Following your previous letter regarding the above debt I have made further enquiries of HSBC and they have confirmed that the alleged debt relates to a Business Account held by a Limited Company, "xxxxxxxxxxxxxxx Ltd", which entered administration on xxxxxxxxx 2017 and was subsequently dissolved at Companies House on 14th November 2017.

I have no personal liability to either yourselves nor HSBC for this debt. If it is your contention that I am personally liable for the debt please provide me with full details and documentary evidence.

Please confirm that no further action will be taken on this account.

Additionally I formally request pursuant to the Data Protection Act 2018 that you remove the inaccurate data you have reported to the Credit Reference Agencies.


Yours sincerely

[Austindp]

Thanks AMETHYST

I've still not received anything from HSBC. I did try the link to complain about their handling of my data but the website kept coming up with errors.

I'm not sure if Cabot have been trying to call, as I only answer numbers I know anyway. However, they have recently sent another letter offering to help with a payment plan for my "personal debt", which makes me think they believe this is a debt from my personal account, rather than a Limited Company.

I was thinking of hunting through some old boxes to see if I can find any old bank statements from the Limited Company that I can send with the letter as proof. Do you think this will help or hinder my progress (I dont want to give them information that will make it easy for them to find what they might need)?

I'm happy to be patient if it means I eventually get the result I'm looking for, so can hold off from sending the letter and revert back to chasing HSBC regarding the SAR?

[Amethyst]

However, they have recently sent another letter offering to help with a payment plan for my "personal debt", which makes me think they believe this is a debt from my personal account, rather than a Limited Company.

Might be an idea then to respond to that letter as above and add in that you have SAR'd HSBC regarding the alleged account and ask them to place the account on hold.

[Austindp]

Sounds like a plan, I'll do just that and let you know how it goes.

Thanks again for your help.

[Austindp]

**UPDATE**

Ok, so I sent the letter and it was received by Cabot on 12th December.

I have still heard nothing from them.

How long do they have to reply?

Is there anything else I need to do or do I just remain patient?

Thank you

[MIKE770]

30 days HSBC are late most times they have been pulled up by the ICO in the past after my complaints

[Austindp]

Thanks Mike.

This was a letter to Cabot though informing them that the debt they have is from a limited company which has since been dissolved, rather than a request for information from HSBC.

Do Cabot therefore only have 30 days to reply and if so would you have any advice on what my next move should be?

Many thanks