Old HSBC overdraft

[whiplash]

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!

Hi Roger.....None of the overdraft were Joint accounts.
Letter from Robway 13th July
We need you to take action- agree a repayment plan today.
It's important that you get in touch with us to tell us about your situation. We can then agree an affordable repayment plan with you.
Taking steps to manage your account is important.If you choose to do nothing, we will advise you of further collections activity that may be taken against you. This could include:
Collection letters
telephone calls
We'd rather agree an affordable repayment plan so please contact us today.

They do not have any tel no's for me
At the bottom of the letter they do seem to have found an old e-mail address and ask me to contact them if I don't want them to use it to contact me.....HAHAHA..i'll just block ignore it if they do.
Regards
W

[whiplash]

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.

Yes I am aware that SB does not apply to CCJ's so i'm prepared to pay/ makearrangement as and when I need to.
As per my previous post this CCJ was on my credit report Oct 2017 and has now (July 18) dropped off it.....I access free credit reports monthly.
Regards
W

[Shotley]

Sorry, my mistake, I read it as it dropped off in October 2017. You should be OK on that front but just be aware is all I am saying.

Good luck though.

[Roger]

A fishing letter
In this Case do nothing no SAR not correspondence to stir the surface of the POND.
Let them fish elsewhere!
If they send email don't open it!

[Joanna Connolly Solicitors]

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?

Can you tell me a little more about this CCJ where the claim was served on an address where you weren't living at the time (have I understood that correctly?).

If this was in 2012 they may have some difficultly in enforcing it six years later.

When did you first discover about the CCJ and how?

Di

[whiplash]

Can you tell me a little more about this CCJ where the claim was served on an address where you weren't living at the time (have I understood that correctly?).

If this was in 2012 they may have some difficultly in enforcing it six years later.

When did you first discover about the CCJ and how?

Di

Hi Di
Yes the CCJ is registered on my previous address and dated May 2012.....I had left this address in 2011 effectively becoming homeless.....I have some paperwork relating to all my debts up until around March April 2012 as I arranged a mail redirection to a friends address (I had no permanant address) I discovered that he still had some of this paperwork stored in his loft in Oct 17, (he had kept most of it away from me as I was in a bit of a state mentally around this time).
The first I knew about the CCJ was when I started getting letters from Robway around Oct 17 about other debts and was advised to check my credit history with credit ref agency's and there it was.
W.

[Joanna Connolly Solicitors]

Hi Di
Yes the CCJ is registered on my previous address and dated May 2012.....I had left this address in 2011 effectively becoming homeless.....I have some paperwork relating to all my debts up until around March April 2012 as I arranged a mail redirection to a friends address (I had no permanant address) I discovered that he still had some of this paperwork stored in his loft in Oct 17, (he had kept most of it away from me as I was in a bit of a state mentally around this time).
The first I knew about the CCJ was when I started getting letters from Robway around Oct 17 about other debts and was advised to check my credit history with credit ref agency's and there it was.

Since the claim was served on an address where you weren't living at the time, you could make an application to have it set aside under CPR 13.2 which is mandatory (in theory ) > https://www.justice.gov.uk/courts/pr...es/part13#13.2

However it must be done promptly after you discover the Default Judgment (CCJ) which according to you was last year (October 2017?).

Who is the Judgment Creditor (the Claimant in those proceedings) and how much is the CCJ? Do you own a property?

Since it's no longer on your CRA files it won't damage your credit rating. However do you work in an environment where you would have to admit to a CCJ which could harm your work prospects?

If you've heard nothing for six years then it may be best to let sleeping dogs lie but at the same time do your research, without drawing attention to yourself obviously, in case it rears it's ugly head.

Di

[whiplash]

Since the claim was served on an address where you weren't living at the time, you could make an application to have it set aside under CPR 13.2 which is mandatory (in theory ) > https://www.justice.gov.uk/courts/pr...es/part13#13.2

However it must be done promptly after you discover the Default Judgment (CCJ) which according to you was last year (October 2017?).

Who is the Judgment Creditor (the Claimant in those proceedings) and how much is the CCJ? Do you own a property?

Since it's no longer on your CRA files it won't damage your credit rating. However do you work in an environment where you would have to admit to a CCJ which could harm your work prospects?

If you've heard nothing for six years then it may be best to let sleeping dogs lie but at the same time do your research, without drawing attention to yourself obviously, in case it rears it's ugly head.

Di

Hi Di....I had replied to this however my posts of yesterday seem to have vanished???
The Judgement creditor is A/Express for £3300, no I do not own a property.
I am currently a carer for my partner (who does own her own home if relevant)
This is what I have been doing.....letting sleeping dogs lie and to deal with it if/when I need to.
Regards
W

[whiplash]

Hi all...Letter received from Robway ref old HSBC O/D offering me a 40% discount on the total balance....How kind of them
Regards
W

[Joanna Connolly Solicitors]

Hi Di....I had replied to this however my posts of yesterday seem to have vanished???
The Judgement creditor is A/Express for £3300, no I do not own a property.
I am currently a carer for my partner (who does own her own home if relevant)
This is what I have been doing.....letting sleeping dogs lie and to deal with it if/when I need to.

If your partner owns the home (i.e. you’re not a joint owner) then the Judgment Creditor won’t be able to seek a Charging Order (a Restriction) on the property.

If you’re not in employment then the Judgment Creditor won’t be able to enforce the CCJ with an Attachment of Earnings either.

So your decision to keep sctumn seems to be the way forward

Di

[whiplash]

Hi all Just to let you know I have heard nothing more on this old HSBC overdraft since 13th July 2018

[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 Letter received this morning from Hoist Finance UK Holdings 1 ltd....a NOA stating that MKDP LLP has assigned all it's respective rights,interest,benefit and entitlement to Hoist Finance UK Holdings 1 ltd. So in answer to your question yes it appears to have been with MKDP LLP.
Regards
W

[whiplash]

Hi Di Letter received this morning from Hoist Finance UK Holdings 1 ltd....a NOA stating that MKDP LLP has assigned all it's respective rights,interest,benefit and entitlement to Hoist Finance UK Holdings 1 ltd. So in answer to your question yes it appears to have been with MKDP LLP.
Regards
W

Hi Di just an update that nothing more received since the NOA in October however still interested in relation to your question relating to MKDP LLP. What could this mean?
Best regards
W

[cymruambyth]

At a guess this could mean that there may be problems with the assignment.

[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

Hi all just an update to letters received.
Best regards
W