Debt Collection - Credit card

[labman]

Re: Debt Collection - Credit card

Apologies to the OP: Jester37 for going off topic.

IMO, he/she would benefit from making request(s)
for information, as an individual, under the data protection act 1998 to the parties concerned in order to gain information about his/her position:
Find out how to access your personal information - ICO

There's a site somewhere where you can look for CCJ's isn't there? Otherwise, your credit report will tell you for £2.

[Angry Cat]

Re: Debt Collection - Credit card

In February of this year (2011) my wife received a demand for a credit card bill (HSBC) from DG Solicitors.

During the time since then, we have sent repeated letters (most of which seem to be ignored) requesting that they send us proof of the debt i.e. A Credit Card Agreement and Copies of the Credit Card Statements leading to the debt.

We actually received no direct response from the Solicitors, the only thing we received were further Demand Letters and it actually took my contacting the Financial Ombudsman and HSBC Complaints department to get an actual acknowledgement of my requests. I am advised that they do not have a copy of the Credit Card Agreement and all they have sent us are credit card statements dating back to October 2010 showing a brought forward balance + interest.

The debt itself must only refer to 2003 and prior as we moved at the end of 2003 and we're certain it hadn't arisen since then as we had changed banks at the same time. It would also explain the reason they took so long to write to us. Note that we have been provided with no information as to when the debt arose.

My wife did have a credit card back in 2003 but we're almost certain that we had paid it off using the proceeds from our house.

We can't use the Limitations Act as my wife paid off £60 after receiving a phone call from the solictors prior to February 2011 along with a demand which she kept from me - long story.

Anyway, recently we received a letter from the Solicitors enclosing the Oct 10 to Nov 11 Credit Card Statements informing us they were passing it on to a collection agency (Metropolitan Collection Services) who then wrote to us informing us that they were passing it on to a Collection Unit (Which is actually just a division of the same company). The letter from the Solicitors was received 17 days after the date on the letter and so by the time we received it the next 2 letters weren't far behind and we've managed to put it on hold for a short period as i have informed them it is in dispute.

On the basis that they have no Credit Card Agreement and no Credit Card Statements relating to the actual debt itself (other than a brought forward figure on the last 12 months statements) where do we stand? Is it possible they have already obtained a CCJ for which we weren't aware? Does this make a difference.

We're not the kind of people to avoid paying our debts, but feel that we are being bullied into paying something for which we have no knowledge or evidence of it actually existing.

Thanks

In this particular case, it would appear that 'FULL' SAR's to both .
HSBC and DG Solicitors may be of benefit to the OP.

Please see the following entry from the Law Society website:

Find a solicitor
DG SOLICITORS - Head Office


Phone Number: 0121 455 2111
Fax Number: 0121 455 2150

At this office: Wheelchair Access: No
Legal Aid: No
Fixed Fee Interview: No
Authorised Trainer: No

ID: 346635

Address: H S B C
12 Calthorpe Road
BIRMINGHAM
WEST MIDLANDS
B15 1RA

ENGLAND

Number of offices: 1[/Quote]

The OP should mark his postal orders:
SAR STATUTORY FEE ONLY

Send by Recorded Delivery and keep copies of the letters/postal orders as marked.

[labman]

Re: Debt Collection - Credit card

Surely rather than spending £20 on two SAR's the easiest thing is to check for judgments here:

Check the registers for your CCJ, judgment and fine records - Trust Online

for just £4, or any of the CRA's will hold CCJ information as part of your CRF for just £2.

This then solves the issue of whether there's a judgment to enforce or not, and thus whether there's a debt to be collected and paid.

Once that is resolved, we move from there.

[Angry Cat]

Re: Debt Collection - Credit card

Surely rather than spending £20 on two SAR's the easiest thing is to check for judgments here:

Check the registers for your CCJ, judgment and fine records - Trust Online

for just £4, or any of the CRA's will hold CCJ information as part of your CRF for just £2.

This then solves the issue of whether there's a judgment to enforce or not, and thus whether there's a debt to be collected and paid.

Once that is resolved, we move from there.

It is unlikely that either the CRA credit files or Trustonline will hold any information about a default judgement that was awarded over 6 six years ago.
However, any information gathering could assist.

The point in this particular case is to establish just what HSBC are playing at.