HSBC, Restons, Arrow, Legal proceedings threat.

[roygoodbeat]

Hi all. After about three years, now received a letter from restons stating they have been asked to commence court proceedings.


To save all from reading this from the beginning, in a nutshell:


Had a loan, overdraft and credit card. Loan and CC covered under the 1974 CC credit act. defaulted on all due to financial difficulty. They then rolled everything into one account and listed it as an overdraft. I only ever acknowledged the loan amount however, they ignored my letters and complaints that the account was not valid and I only ever acknowledged to loan at the time. Started paying and stated at all times, this was for the loan, noticed the account details and reference they gave was for the whole amount. They have ignored everything. I stopped paying for the loan over three years ago.The CC, loan and overdraft are over 8 years old and I have never acknowledged their right to add this to the amount.


Over the years people have stated that they could not roll everything into one account. Secondly an element of their potential claim is statue barred.


I will be finally clear of any CCJ's and defaults in September and have just got engaged. Am planning to buy for the first time in 7 years, so it is important that I do not get anything new on my credit record as I will be back to square one. I am 50 and need to get back on the property ladder otherwise loan payments will be too high and I am wasting money on rent. My partner is about to sell her flat so we have a deposit.


I am out of touch of any recent changes. Looking for advise.

[Diana M]

Re: HSBC, Restons, Arrow, Legal proceedings threat.

received a letter from restons stating they have been asked to commence court proceedings.

Had a loan, overdraft and credit card. Loan and CC covered under the 1974 CC credit act. defaulted on all due to financial difficulty. They then rolled everything into one account and listed it as an overdraft. I only ever acknowledged the loan amount however, they ignored my letters and complaints that the account was not valid and I only ever acknowledged to loan at the time. Started paying and stated at all times, this was for the loan, noticed the account details and reference they gave was for the whole amount. Over the years people have stated that they could not roll everything into one account. Secondly an element of their potential claim is statue barred.

When you say "they" rolled the different accounts into one do you mean HSBC or Arrow? This matters. In my experience HSBC amalgamated loans, credit cards, bank account overdrafts into one and renumbered them before selling them on.

If they issue a claim it'll be a bit tricky to say part of the sum claimed is SB but not the other part if the accounts were amalgamated.

The first thing I would do is send a s.77-79 CCA Request to Arrow with a copy to Restons Solicitors who are currently managing the account.

Here's a link for the template > http://legalbeagles.info/forums/show...=7670#post7670

Or have you already sent a CCA Request in which case what response did you get? Nothing is gained by sending another if the first one is still in default (not complied with).

How much are they chasing you for which will give some indication as to how likely they are to carry out their threat to issue proceedings?

Di

[roygoodbeat]

Re: HSBC, Restons, Arrow, Legal proceedings threat.

13500 of which about £500 was overdraft. It was hsbc/ first direct who put them into one account before selling them on.

[Diana M]

Re: HSBC, Restons, Arrow, Legal proceedings threat.

13500 of which about £500 was overdraft. It was hsbc/ first direct who put them into one account before selling them on.

In which case send a s77-79 CCA Request asap to Arrow with a copy to Restons solicitors.

Was there a deadline for responding to their (Restons) letter? I'm wondering if it was a LBA.

When (what year) did you open the HSBC loan account?

Di

[roygoodbeat]

Re: HSBC, Restons, Arrow, Legal proceedings threat.

I think 2008 or 2007. Need to find the paperwork.

[Diana M]

Re: HSBC, Restons, Arrow, Legal proceedings threat.

Need to find the paperwork.

So does Arrow

Get that CCA Request in the post tomorrow.

The forum link is here > http://legalbeagles.info/forums/show...=7670#post7670

Di

[roygoodbeat]

Re: HSBC, Restons, Arrow, Legal proceedings threat.

I do not have their address. Looked on line. Is it the Manchester address I need to write to.