Robinson Way threatening over old HSBC flexiloan

[leehardy83]

Re: Robinson Way threatening over old HSBC flexiloan

Hi @Amethyst and [MENTION=87380]Diana M[/MENTION]
So the most recent letter from Robbo's Way states:

Please note that we have provided you with a copy of your statement and agreement of this account.
NO THEY HAVENT. EVER.

"We will not enter into repetitive communications with you and any further internet based templates will not be acknowledged by us unless you provide a valid query or dispute.

In the absence of this, we now require you to complete the enclosed financial statement and return this to us confirming your affordable offer of payment. we will hold your account for 30 days (until 15.09) to enable you to do this. Please ensure that you do contact us before your delay expires to prevent further activity."

I have repeatedly disputed the debt and asked for evidence of it which they have never provided. They reject my CCA requests stating that its an overdraft and exempt. I have checked my SAR and the debt is repeatedly referrred to as a flexiloan, not an overdraft.

Seems as though they expect me to make them an offer this week, what should I reply to them? Any help would be appreciatedagain guys.

[leehardy83]

Re: Robinson Way threatening over old HSBC flexiloan

Hello again beagles. [MENTION=6]Amethyst[/MENTION] - I hope you can help me with this one. I've attached Robinson Ways latest replies.

Latest Letters from Robbers Way
•This is the one that is a flexiloan - Everything in the HSBC SAR I looked through refers to this debt as a flexiloan.
•Robinson Way keep referring to it as "relating to an overdraft account". Every time I've sent a CCA request, they dont reply with the information - citing an overdraft account being exempt from Part V of the CCA act 1974.
•They finally sent me the statements of account today which you will see attached.

Questions
•The statement of account clearly shows no payment since June 2011 - More than 6 years ago.
•Would you fire back a Stature Barred letter to them at this point?
•What are your thoughts on them continuing to refer to this as an overdraft when everything I can see in the SAR calls it a flexiloan?
•The SAR did have one page which had one line saying "CUST - LETTER IN - attached" in Nov 2011. This could indicate i sent them a letter in Nov 2011. The letter wasnt attached to the SAR though.

Please let me know your thoughts and whether you feel I could fire a Statute barred letter back to them. I'd love to get this one closed off.

Thanks again guys!

[Amethyst]

Re: Robinson Way threatening over old HSBC flexiloan

Well at least they have admitted now they have not sent you the agreement.

The statement had Debit Interest which would tend to indicate an overdraft, but then there is repayment which indicates a loan. Very odd but I do believe it to be a loan and covered by part v. I wonder do you have your actual bank statements from the same period.

You could go back to them to reiterate your cca request and the consequences of not complying, and say the account is statute barred, if they dispute this to provide evidence of any later payment or acknowledgement of the debt. Also maybe ask them for a copy of the default notice and notice of assignment and you can tell them that the account is firmly in dispute and should they be considering any court action to be aware you intend to defend the case strongly.

It's a shame we haven't located a copy of the flexiloan terms and agreement as that could shed more light on things and give us more confidence in arguing this is covered by s 77.

[leehardy83]

Re: Robinson Way threatening over old HSBC flexiloan

Well at least they have admitted now they have not sent you the agreement.

The statement had Debit Interest which would tend to indicate an overdraft, but then there is repayment which indicates a loan. Very odd but I do believe it to be a loan and covered by part v. I wonder do you have your actual bank statements from the same period.

You could go back to them to reiterate your cca request and the consequences of not complying, and say the account is statute barred, if they dispute this to provide evidence of any later payment or acknowledgement of the debt. Also maybe ask them for a copy of the default notice and notice of assignment and you can tell them that the account is firmly in dispute and should they be considering any court action to be aware you intend to defend the case strongly.

It's a shame we haven't located a copy of the flexiloan terms and agreement as that could shed more light on things and give us more confidence in arguing this is covered by s 77.

OK thanks as usual [MENTION=6]Amethyst[/MENTION]. I don't believe I have my bank statements from back then.

So, to summarise:
•Use the statute barred template from here to reply to them
•Include another CCA request - remind them of consequence of their non compliance (do you just mean remind them the debt is unenforceable if they do not provide me with correct documents?)
•Ask for a copy of the default notice and notice of assignment
•Tell them the account is in dispute and If they are considering court action, I intend to defend the case strongly
•Anything else?

I'll start preparing this letter in the mean time. Thanks again!

[leehardy83]

Re: Robinson Way threatening over old HSBC flexiloan

OK thanks as usual @Amethyst. I don't believe I have my bank statements from back then.

So, to summarise:
•Use the statute barred template from here to reply to them
•Include another CCA request - remind them of consequence of their non compliance (do you just mean remind them the debt is unenforceable if they do not provide me with correct documents?)
•Ask for a copy of the default notice and notice of assignment
•Tell them the account is in dispute and If they are considering court action, I intend to defend the case strongly
•Anything else?

I'll start preparing this letter in the mean time. Thanks again!

[MENTION=6]Amethyst[/MENTION]...did you notice my reply last week on here mate? Just want to confirm the above is what I should do next?

Thanks!!

[Diana M]

Re: Robinson Way threatening over old HSBC flexiloan - HELP needed.

So I have been going through my HSBC further. I have lost count the number of times HSBC refer to this debt as my FLEXILOAN.

My Questions:

• Is there any way that Robinson Way are correct here in telling me its in respect to an overdraft debt or are they using this as some sort of tactic to reject my CCA requests and things?
• Is there any way a flexiloan can be converted to an overdraft without me knowing?

They are really frustrating me dismissing my requests of proof of the debt.

I can't comment on Robinson Way's tactics, but their denial that the debt was a regulated loan doesn't become more valid just because they keep repeating it.

A Flexiloan can't be converted into an overdraft without your involvement (or at all).

Dismissing your requests for proof of the debt may seem frustrating to you, but it is also helping you to build a case against them.

If you write and tell them the debt is Statute Barred that might only encourage them to instruct solicitors to issue a claim to beat the SB clock.

You say that you're convinced the last payment was more than six years ago but there's a letter in your SAR dated 11th November 2011 and you worry that this may have in someway acknowledged the debt. If it was relevant then becoming SB is only weeks away so why rock the boat now?

Has there been any suggestion of legal proceedings?

You've already sent numerous s 77-79 CCA Requests so nothing is gained by sending another one.

Di

[leehardy83]

Re: Robinson Way threatening over old HSBC flexiloan - HELP needed.

I can't comment on Robinson Way's tactics, but their denial that the debt was a regulated loan doesn't become more valid just because they keep repeating it.

A Flexiloan can't be converted into an overdraft without your involvement (or at all).

Dismissing your requests for proof of the debt may seem frustrating to you, but it is also helping you to build a case against them.

If you write and tell them the debt is Statute Barred that might only encourage them to instruct solicitors to issue a claim to beat the SB clock.

You say that you're convinced the last payment was more than six years ago but there's a letter in your SAR dated 11th November 2011 and you worry that this may have in someway acknowledged the debt. If it was relevant then becoming SB is only weeks away so why rock the boat now?

Has there been any suggestion of legal proceedings?

You've already sent numerous s 77-79 CCA Requests so nothing is gained by sending another one.

Di

Hi Diana. Thanks for your detailed response.

•So I sent HSBC a SAR and having read through the SAR, it appears i made a token payment of £1 towards the debt in june 2011 (therefore more than 6 years ago). There is one page on the SAR Cust Received - Letter In. It says the letter is attached but that letter is not in the SAR. That letter in is supposedly November 2011.
•There last letter does not mention them taking legal proceedings yet, no. It says If i dont reply to them by x date (next couple of weeks), collections activity will resume.
•I have not mentioned to them yet that i believe they are wrong in calling it an overdraft when i only know it as a flexiloan. I have simply sent them a few CCA requests and not received the information back usually.
•In your opinion Diana, would you now not send another reply to them and not send a statute barred letter yet then?

Thanks for your help. Much appreciated.

[leehardy83]

Re: Robinson Way threatening over old HSBC flexiloan - HELP needed.

Hi Diana. Thanks for your detailed response.

•So I sent HSBC a SAR and having read through the SAR, it appears i made a token payment of £1 towards the debt in june 2011 (therefore more than 6 years ago). There is one page on the SAR Cust Received - Letter In. It says the letter is attached but that letter is not in the SAR. That letter in is supposedly November 2011.
•There last letter does not mention them taking legal proceedings yet, no. It says If i dont reply to them by x date (next couple of weeks), collections activity will resume.
•I have not mentioned to them yet that i believe they are wrong in calling it an overdraft when i only know it as a flexiloan. I have simply sent them a few CCA requests and not received the information back usually.
•In your opinion Diana, would you now not send another reply to them and not send a statute barred letter yet then?

Thanks for your help. Much appreciated.

Hi again @Diana M, @Amethyst et al. I am going to reply to Robbo's Way this week as they are expecting a reply.

Just wondering what the best bet is.
To summarise, @Amethyst felt I could:
•Use the statute barred template from here to reply to them
•Include another CCA request - remind them of consequence of their non compliance
•Ask for a copy of the default notice and notice of assignment
•Tell them the account is in dispute and If they are considering court action, I intend to defend the case strongly

@Diana M felt i could:
•Maybe not send a stature barred letter as it may encourage them to try beat the clock
•No need to send another CCA request

Should I tell them i believe they are wrong and that is it isnt an overdraft at this point?

What do we think should be my next reply?

Thanks as usual guys. Life savers honestly.

[leehardy83]

Re: Robinson Way threatening over old HSBC flexiloan - HELP needed.

Hi again @Diana M, @Amethyst et al. I am going to reply to Robbo's Way this week as they are expecting a reply.

Just wondering what the best bet is.
To summarise, @Amethyst felt I could:
•Use the statute barred template from here to reply to them
•Include another CCA request - remind them of consequence of their non compliance
•Ask for a copy of the default notice and notice of assignment
•Tell them the account is in dispute and If they are considering court action, I intend to defend the case strongly

@Diana M felt i could:
•Maybe not send a stature barred letter as it may encourage them to try beat the clock
•No need to send another CCA request

Should I tell them i believe they are wrong and that is it isnt an overdraft at this point?

What do we think should be my next reply?

Thanks as usual guys. Life savers honestly.

Hello guys, did you get chance to have a read of my email the other day? [MENTION=87380]Diana M[/MENTION], [MENTION=6]Amethyst[/MENTION]

[Diana M]

Re: Robinson Way threatening over old HSBC flexiloan - HELP needed.

did you get chance to have a read of my email the other day? @Diana M,

I haven't received an email from you.

Did you send it to the correct address (it’s in my signature at the bottom of this post)?

Di

[Kati]

Re: Robinson Way threatening over old HSBC flexiloan - HELP needed.

I haven't received an email from you.

Did you send it to the correct address (it’s in my signature at the bottom of this post)?

Di

I may be mistaken, but I think Lee means the post he quoted (not an actual email) xx

[leehardy83]

Re: Robinson Way threatening over old HSBC flexiloan - HELP needed.

I haven't received an email from you.

Did you send it to the correct address (it’s in my signature at the bottom of this post)?

Di

Sorry Diana, i used the word email, I meant post. I wrote a reply the day before yesterday i believe asking for your advice.

[leehardy83]

Re: Robinson Way threatening over old HSBC flexiloan - HELP needed.

I haven't received an email from you.

Did you send it to the correct address (it’s in my signature at the bottom of this post)?

Di

Any advice on which of thse next steps i should take guys?

Hi again @Diana M, @Amethyst et al. I am going to reply to Robbo's Way this week as they are expecting a reply.

Just wondering what the best bet is.
To summarise, @Amethyst felt I could:
•Use the statute barred template from here to reply to them
•Include another CCA request - remind them of consequence of their non compliance
•Ask for a copy of the default notice and notice of assignment
•Tell them the account is in dispute and If they are considering court action, I intend to defend the case strongly

@Diana M felt i could:
•Maybe not send a stature barred letter as it may encourage them to try beat the clock
•No need to send another CCA request

Should I tell them i believe they are wrong and that is it isnt an overdraft at this point?

What do we think should be my next reply?

Thanks as usual guys. Life savers honestly.

[Diana M]

Re: Robinson Way threatening over old HSBC flexiloan - HELP needed.

Sorry Diana, i used the word email, I meant post. I wrote a reply the day before yesterday i believe asking for your advice.

Okay thanks for clarifying

I gave you my thoughts in post # 21 and they haven’t changed.

You’ve reached a point where you need to decide for yourself what to do. Forums are about giving information and making suggestions but ultimately it’s your choice and your decision on what to do or say (or not do or not say).

I’ll simply remind you of your concern that the debt may not be Statute Barred until 11th November (ie next month).

Di