Old HSBC overdraft

[whiplash]

• Type of account ...Current account Overdraft
• Date commenced Not sure approx 2005/6
• Approx balance....£6800
• Date last paid......nothing since at least July 2011
• Are you on arrangement or not paying......was on arrangement from Aug 2010 - July 2011
• Status ..................Default I would imagine (nothing showing on credit ref reports Oct 2017 or since)
• Account owner ... HPH2 ltd (ex HSBC)

13th July 2018..Robway have sent me a letter regarding this old overdraft.
This was a First direct Current account which I held for a long time with no problems at all however in March 2010 they suddenly reduced my overdraft from £7000 to £1000.....at this time due to ongoing divorce I was relying heavily on this overdraft facility & pretty much teetering on the edge of financial disaster Nightmare!
I tried to plead my case with 1st direct as there was no way I could repay £5-6000 within 1 month..tried to come to an affordable repayment schedule but they wouldn't accept what I could afford to pay so had to leave them with it.

24th May 2010.... letter from 1st direct confirming that all banking facilities have been withdrawn.
22nd June 2010...letter from 1st direct noting that credit services have been unable to agree an acceptable repayment plan and now passed to the repayment services team.
9th July 2010........Letter from 1st direct Final demand demanding full repayment giving me 7 days to pay.
13th Aug 2010......Letter from Metropolitan coll services demanding full repayment.
20th Aug 2010......Spoke by telephone (yes I know I shouldn't have but at least I kept a note of it on the paperwork)....agreed a reduced payment of £35 per month (which 1st direct refused)
25th July 2011......Last ever payment to Metropolitan coll services or anyone else relating to this account.
14th Sep 2011......Letter from Metropolitan coll services stating overdue payment.
23rd Sep 2011......Letter from Metropolitan Final demand for full payment with threats of court action.
23rd Oct 2011.......Letter from Metropolitan advising my account being transferred to Reestons Solicitors.
25th Oct 2011.......Letter from Reestons demanding full payment by Nov 8th 2011 they will issue cc summons.
25th April 2012.....Letter from Buchanan Clark & Wells stating they had been instructed by HSBC to collect the full amount (same as balance outstanding now) however their client (HSBC) would like an amicable settlement.
This was last communication I am aware of until now.
13/07/18 Letter from Robway asking me to contact them to arrange repayment.

24/10/18 Letter from Hoist Finance Holdings 1 Ltd Notice of assignment stating MKDP LLP has assigned all its rights to them. Filed

10/02/19 Letter from Robway asking me to agree payment plan.Filed

23/02/19 Letter from Robway offering discount to settle.Filed

16/03/19 Letter from Robway offering discount to settle.Filed

19/08/19 Letter from Robway asking me to contact them. Filed

16/09/19 Letter from Robway offering a discount to settle. Filed

[Joanna Connolly Solicitors]

Do you know where the HSBC account has been since 2012?

Could it have been assigned to MKDP before it was assigned to Hoist Portfolio?

Di

[whiplash]

Hi Di.... I have absolutely no idea I'm afraid.. .. My paperwork trail ends (so far) with the last letter from Buchanan in April 2012....MKDP does seem to ring a bell though.......I certainly wouldn't have been in contact with them...... I will continue searching old paperwork
Regards
W

[whiplash]

Do you know where the HSBC account has been since 2012?

Could it have been assigned to MKDP before it was assigned to Hoist Portfolio?

Di

Hi Di....not having much luck finding any more paperwork past April 2012.....however I do think I had seen some letters from MKDP at the time but cannot be 100% sure.....What would be the relevence of MKDP? ( i'm curious).
Regards
W

[Roger]

Whiplash do you have the paperwork from Hoist Portfolio?

Your searching from the past to present is stopping 2012. But you can of course search from Present backwards!
There would have been a Notice Of Assignment from Hoist Portfolio (between Hoist and MKDP?)
Can you remember when Hoist became involved?

[Shotley]

Sorry to chime in, I've probably missed something but..

Surely if the last payment was in July 2011 and the DCA's and OC failed to pursue it again after that time, that would have made the debt SB in July 2017, a year ago.

Likewise, even if you spoke/wrote to Buchanan Clark & Wells and admitted the debt when they contacted you in April 2012 and it was never pursued again it would have been SB in April this year?

Unless at anytime in that period you've paid anything or admitted the debt.

[whiplash]

Whiplash do you have the paperwork from Hoist Portfolio?

Your searching from the past to present is stopping 2012. But you can of course search from Present backwards!
There would have been a Notice Of Assignment from Hoist Portfolio (between Hoist and MKDP?)
Can you remember when Hoist became involved?

Hi Roger....The last paperwork I have on this is April 2012...(Divorce/ losing my home is the reason for my paperwork trail stopping in April 2012 as effectively became homeless)
As explained in my posts above the 1st contact I have had was from Robway 13th July 2018.
Nothing about this account was registered on credit report in Oct 2017....
Regards
W

[Roger]

Yes Shotley!

Wouldn't stop them from trying though would it?

Were these various Overdrafts Joint Accounts?
So the question is RobWay's letter is this a fishing Trip?
Redacting out details what does that letter say? Just the words and sentences no need for details!

[Shotley]

Nothing about this account was registered on credit report in Oct 2017....

Although I think the CRA's are a law unto themselves at times this is good. As I understand it, a DCA should only be able to take control of a record on your credit file that was listed by the original creditor. The only time it can be extended is if you break the agreement with the DCA to repay if you've made one.

I'd feel quite good to be in this position!

Yes Shotley!

Wouldn't stop them from trying though would it?

Were these various Overdrafts Joint Accounts?
So the question is RobWay's letter is this a fishing Trip?
Redacting out details what does that letter say? Just the words and sentences no need for details!

I had a similar issue a long time ago when I was threatened over an old HSBC loan that was SB in 2003 and a DCA, (i think Frederickson), contacted me threatening all sorts, I wrote to them stating it was SB. It's up to them to prove that whiplash has made payment or acknowledged the debt since.

They're definitely fishing. Still worth getting your facts in order but there's no better defence than SB.

[whiplash]

Sorry to chime in, I've probably missed something but..

Surely if the last payment was in July 2011 and the DCA's and OC failed to pursue it again after that time, that would have made the debt SB in July 2017, a year ago.

Likewise, even if you spoke/wrote to Buchanan Clark & Wells and admitted the debt when they contacted you in April 2012 and it was never pursued again it would have been SB in April this year?

Unless at anytime in that period you've paid anything or admitted the debt.

Hi thanks for your input......
Any of my debts may well have been chased but as I have just explained to Roger I effectively became homeless due to divorce/losing my home/mental state & my dire financial position at this time....You could say I ran away from it all. (Something which I am not proud of).
I finally had a permanent registered address in 2015/16 and have been at this address and connected to my previous address's since this time.
Not sure how this affects the SB possibility??
Regards
W

[Roger]

Of course get your facts together. But Silence might be the better course here, fishermen tend to look elsewhere for fish if there are NO BITES!
With Statute Barred the considered view is NOT to raise this yourself without good records etc.. Whiplash doesn't have these records hence a cautious thought through approach here.

[Shotley]

Yes, I saw that you were homeless at the time, but still, if they were serious about chasing you they could still have gone for a CCJ by sending it to your last known address as that's allowable. That way, when you do pop up again like you have done it's there on your file.

In my case, I could categorically prove that the debt was SB but as Roger says, you'd be best ignoring them until such time they start threatening you with litigation.

Roger I wasn't suggesting he writes to them immediately but the burden of proof would lie with them to prove that the debt wasn't SB. I was trying to reassure him that the DCA would have to demonstrate he's contacted them, made a payment in order to pursue it or add back to his credit file.

[whiplash]

Of course get your facts together. But Silence might be the better course here, fishermen tend to look elsewhere for fish if there are NO BITES!
With Statute Barred the considered view is NOT to raise this yourself without good records etc.. Whiplash doesn't have these records hence a cautious thought through approach here.

Hi Roger....I agree I think Robway are trawling old debt's of mine as they have had contact from me with overdraft letter 1 for Old Santander overdraft 1 & CCA request for B'card debt. I would have thought ( if they owned this debt) they would have contacted me around the same time (Sep/Oct 2017) as my other's.
Of course I will not respond to anything without posting on here to get advice first.
Regards
W

[whiplash]

Yes, I saw that you were homeless at the time, but still, if they were serious about chasing you they could still have gone for a CCJ by sending it to your last known address as that's allowable. That way, when you do pop up again like you have done it's there on your file.

In my case, I could categorically prove that the debt was SB but as Roger says, you'd be best ignoring them until such time they start threatening you with litigation.

Roger I wasn't suggesting he writes to them immediately but the burden of proof would lie with them to prove that the debt wasn't SB. I was trying to reassure him that the DCA would have to demonstrate he's contacted them, made a payment in order to pursue it or add back to his credit file.

Hi Shotley....Yes I thought that was right that they could have gone for a CCJ at my old address....
I had a c/c debt and got a CCJ in May 2012 to which I have heard nothing about. This was registered on my credit report in Oct 2017 and has now dropped off my report. I'm not sure what to do about this so just staying quiet about this.
Perhaps I should post this up as a separate thread but thought it best to leave it alone until/if I am contacted about this??
Regards
W

[Shotley]

Just be warned that because it's off your file doesn't mean they can't come back for it. Though CCJ's are covered under the Limitation Act they can still make a case at court to enforce one that's six years old older and prove why they never enforced it earlier. Because you've been off the map as it were that's a very compelling case for the judge to grant it.

Also, it's 6 years for a CCJ so it dropping off in October 2017 makes no sense. You might need to get the court to clarify that for you.

I suggest you start your own full UE diary, (I did and it's very useful), where all of your debts can be covered. I'd then speak to Diana Mayhew for advice on that CCJ though.