1st Credit - persistent vultures trying to claim an overdraft..

[wesd25]

Re: 1st Credit - persistent vultures trying to claim an overdraft..

They're on the sofa beside me.. Haunting me..! How far back should I scan?

[Amethyst]

Re: 1st Credit - persistent vultures trying to claim an overdraft..

Just the point where they offset the credit card.

[wesd25]

Re: 1st Credit - persistent vultures trying to claim an overdraft..

Will pm them.. Thx for checking them out for me..

[Amethyst]

Re: 1st Credit - persistent vultures trying to claim an overdraft..

And you were a sole trader, not a ltd company - so the consumer credit act would apply to that card ( I am pretty sure).

[Amethyst]

Re: 1st Credit - persistent vultures trying to claim an overdraft..

email better than pm xx

[nemesis45]

Re: 1st Credit - persistent vultures trying to claim an overdraft..

I remember receiving a letter from HSBC that said they had paid of the credit card and transferred it to the bank account. I'm sure I spoke to someone about it to protest but the account was already unrecoverable at that time.. That's the thing, you keep fighting at the time until you realise you're fighting a loosing battle, especially after being run through the mill with my personal account.. The credit card (Commercial Card) was originally set up to be a charge card to be paid off each month, I guess they decided to change it back to that set up which would give them the chance to demand the whole lot in full..

I think this is looking like it will be difficult to argue, despite HSBC being unreasonable in the first place..

I'm sorry to say I agree with you it's too late to make much difference now, and its seems like a "rats nest" of accounts and 1st Crud wont be interested now.

nem

[Amethyst]

Re: 1st Credit - persistent vultures trying to claim an overdraft..

Can you post up (or send me) the letter you had from 1st Crud pls ?

[wesd25]

Re: 1st Credit - persistent vultures trying to claim an overdraft..

The one with that came with the statements?

[Amethyst]

Re: 1st Credit - persistent vultures trying to claim an overdraft..

Yes please xx

[wesd25]

Re: 1st Credit - persistent vultures trying to claim an overdraft..

Here it is.. Both the reply to my CCA and their reply enclosing the statements..

- - - Updated - - -

Hmm, That's not very good quality.. I'll scan it again.. I think I saved it on a too low resolution..

[Amethyst]

Re: 1st Credit - persistent vultures trying to claim an overdraft..

Okay so don't 'we're taking you to court' just yet then .. good good.

We should reply to that letter though. Do you consider anything is owed? Probably the credit card balance to be fair. I think a cca for the credit card is in order ... they are right on the overdraft, it isn't subject to the cca part V.

( s'ok I have good eyesight)

[wesd25]

Re: 1st Credit - persistent vultures trying to claim an overdraft..

Well, assuming they have proven their claim in the first place (I guess this is where the CCA comes in), I wouldn't necessarily dispute the credit card balance. The charges that put the account into such a heavy unauthorised overdraft though are a different matter. So would you suggest pointing out to them that the balance consists of the two separate things and that I want to CCA the credit card side of it, whilst the charges are disputed.. Just to be a make life awkward for them..

[wesd25]

Re: 1st Credit - persistent vultures trying to claim an overdraft..

Morning all..

I've only had a few hours sleep after a rough couple of days so my brain isn't quite switched on yet..

I've just drafted this short letter to 1st crud as a reply to their latest letter that I posted above.. I want to point out that the debt that they claim to have purchased isn't as clear cut as they think and that the account was in dispute. I've attempted to show them that the 'arrears' were the result of HSBC's charges and that the account was 'finished off' by the transfer of the credit card to the balance. If possible, I want to point out that it is bad practice for banks to do that to a customers account.. I've added a bit about the account being in overdraft when the ts & cs were changed but I don't know if I can get away with that..

I was going to end it with a CCA request (enclosing the correct document and fee) for the Commercial Card, despite it being transferred to the bank account..

I guess I'm trying to scare them into thinking that this might cause them a problem, it probably won't though but it's worth a try.

At the end of the day, I can't afford to pay anything, I am currently struggling to keep everything afloat as it is. I have a tax bill coming up that I haven't been able to save up for thanks to my van being out of action for 6 months, that's a priority debt and I wasn't going to pay the charges to HSBC in the first place, let alone to these parasites.

If it does come back at me and I have no option other than to pay them, I'll go to Citizens Advice and get them to write to them. I used them before at the beginning of all of this when I was trying to balance everything but they messed it all up so I'm a little reluctant to do anything with them again..

However, I first want to disprove their claim if possible..

Here's the letter.. what do you think?

Thanks.. Daniel

...

I refer to your letter dated...

The only thing that those statements prove is how HSBC put that account into serious arrears through over zealous charging and how they put the account into an unrecoverable state by transferring a Commercial Credit Card onto the balance after I was unable to keep the account at a positive balance due to their excessive charges.

That is how the arrears accrued, as you put it, and as a result, this account was in dispute.

Banks are not allowed to increase the debt load of a customer to the point where it affects their ability to operate an account.

This account could also be assessed under the Unfair Terms in Consumer Contracts Regulations 1999 on the basis that this account was overdrawn during the month of June 2013 when HSBC notified me of changes to the Prices and Terms and Conditions of the account and was also overdrawn on the day when these came into effect. As a result, this could make HSBC's actions potentially unlawful and any action taken against the account unenforceable.

Something about adding a CCA request for the Commercial credit Card to end the letter, perhaps something along the lines that if they claim the benefits of the debt, they can also claim the liabilities of the debt too..

Yours sincerely,

...