**WON** Set-Aside & Claim Dismissed **** CCJ Help

[warwick65]

Re: CCJ Help

Account closed September 2011 - well that would may spoil any SB defence

Other things you might want to look for are when was a formal demand for payment sent

When was the last credit made to the account

Did they ever send a DN ( yes i know its a current account but HBOS sent me a DN for a current account)

just a few thoughts

[mr_c]

Re: CCJ Help

Does the 6 year period begin when the account is closed for an overdraft?

Last transaction was January 2010.

Cannot see a DN in there

[charitynjw]

Re: CCJ Help

Any use?
http://www.moneysavingexpert.com/new...raft-fee-limit

[mr_c]

Re: CCJ Help

[MENTION=6]Amethyst[/MENTION]

Would you be able to advise me on what I need to be looking for and on what my steps should be now?

Thanks

[Amethyst]

Re: CCJ Help

Are the account terms in there ?

After last payment in to the account in jan 2010 can you see how the debt built up - any left over DDs etc - spends- charges etc

[mr_c]

Re: CCJ Help

Yes there is a list of what all the terms mean.

Would I need to go through the statements to get that info? There are reams and reams of filing paper with all the transactions on (and not in the most user friendly format lol) so would need to go through them to calculate how the debt built up.

I have all the dates of when hsbc said they actionned stuff. I.e. when they sent final Demand, passed to their in-house litigation team, sent discount letters, sold to arrow etc. All of which I never received and are not actually provided on this SARS

[Amethyst]

Re: CCJ Help

Sorry, any terms and conditions at all? You want to look at any rules like paying in x per month, having 2 dds etc that you breached giving them the right to close the account ( so to show they could have closed it earlier )

Transaction wise - what was the balance in Jan 2010 when you last paid in ? How does that translate to what they are claiming now ?

[mr_c]

Re: CCJ Help

Yes there are terms and conditions. I will have a look over them when I get in from work and I'll check the balances too.

Cheers

[mr_c]

Re: CCJ Help

So this doesn't actually tell me the balances at each transaction, on the transaction lists.

It does say, on another document, the closing balance was 957.33 and the ccj is for about £1100.

The terms and conditions of the overdraft don't really mention any specific about paying x amount every .month or anything like that. I can take a pic and put them on here if that helps
[MENTION=6]Amethyst[/MENTION]

[Amethyst]

Re: CCJ Help

I think you're more interested in the transactions between when you made your last payment in, and the account being closed, than anything after ( which doesn't actually sound bad at all ) - so even if you don't know the balances you should be able to see how much activity and what it was after your last in payment.

[mr_c]

Re: CCJ Help

Looks like debit interest between my last transaction and account closure

[Amethyst]

Re: CCJ Help

that all? bummer. So you reckon that you made that last inward payment to get it back in overdraft limit then ditched it? Was your OD limit £1000 ?

[mr_c]

Re: CCJ Help

Yea under transaction type it says "charges/interest Debit up until Sep 2011 at which it says account transfer (this is when account was sold).

Under account transfer It says "posting currency - 957.34" and then "transaction value - 1199.00" which is the CCJ amount.

The overdraft limit was 1250

[mr_c]

Re: CCJ Help

Is there anything else I need to be doing at the moment? With this SARS stuff or otherwise? [MENTION=6]Amethyst[/MENTION]

[Amethyst]

Re: CCJ Help

Howdy, nope you're pretty much sorted until they come up with some sort of documentation to argue against your statute barred defence, really there's probably not much of a claim on charges there as a defence issue. I don't understand this

"posting currency - 957.34" and then "transaction value - 1199.00"

Do they say what posting currency is in their terms list? All i can find is

Foreign currency transactions are initially recorded in the posting currency...

which doesn't seem to make much sense - transferred it into a different currency for some reason? no idea sorry.

Your main argument for the set aside is the claim being made at an old address and with a teeny bit of effort they could have located you as you were on electoral roll and updated with credit reference agencies. So that's what you're concentrating on for this, the rest is to show you would have a defence ( stat barred, potentially charges, no information/documents from the claimant - as per your original WS ) had you have received the claim.