URGENT : Keynes issue LBA for old HSBC overdraft account: HELP!!

[megabyte]

Hi everyone,

I first posted about this account in another thread for a HSBC loan account. However as a claim for that account has now been issued and the two accounts are separate, I have started this new thread for this OD account.

This is a current account OD for £1017.
Original Creditor : HSBC
DCA:MKDP/keynes collection

About 4/5 weeks ago keynes collections issued an LBA. As per advised I responded with both an OD variant of the CCA request and a reply to an LBA. MKDP have replied back stating that they will be liaising with the original creditor to resolve my request for docs.

However after checking through the statements and other paperwork that I have, I have noticed that the last payment made by me into the account was in July 2007. The account then continued to run as there were direct debits going out from the account and was eventually automatically closed in November 2008. From my calculation so far, a large part of the debt as much as 2/3 is made up of charges/fees of unpaid direct debits. Every time a direct debit failed they applied a charge of £25 on the Same day. All transactions applied to the account between July 2007 - November 2008 were done automatically by HSBC.
What I would like to know for now is:-
1) When would Statue Barred start from. July 2007 or November 2008.
2) Are the charges applied legal or not.
3)What difference would it make whether this was an authorised/unauthorised OD.

I am still looking through the paper work to determine exactly what happened with this account. I am pretty worried about a claim being issued after what has happened with the HSBC loan account, as this account seems to be following the same chain of events/letters. I would be very grateful for everyone's help.

Thanks.

[PlanB]

Re: URGENT : Keynes issue LBA for old HSBC overdraft account: HELP!!

I first posted about this account in another thread for a HSBC loan account. . . . . I am pretty worried about a claim being issued after what has happened with the HSBC loan account, as this account seems to be following the same chain of events/letters.

Of course you're feeling worried since you've recently been zapped with a county court summons for another HSBC account owned by the same debt purchaser (that one is all under control with AAD's preferred solicitor ).

MKDP and their in-house "legal" team Keynes are being very aggressive at the moment (issuing loads of summons). I have two accounts with them and I'm shitting bricks.

Can you post a link to the thread which you are talking about which will help others give you guidance on what you should do next. Sorry to be daft but I can't find it

[fredbare]

Re: URGENT : Keynes issue LBA for old HSBC overdraft account: HELP!!

Hi Megabyte

Im in exactly the same position as you, I have received an lba from this lot also for an hsbc o/d, balance is all charges, although you are a couple of weeks ahead of me. Im worried as well, and not sure how to respond. I was following your thread until it was moved and Il follow this one too if you dont mind.

I dont know enough to help you but give my support and wishyou well with this.

Best wishes

Fredbare

[megabyte]

Re: URGENT : Keynes issue LBA for old HSBC overdraft account: HELP!!

Of course you're feeling worried since you've recently been zapped with a county court summons for another HSBC account owned by the same debt purchaser (that one is all under control with AAD's preferred solicitor ).

MKDP and their in-house "legal" team Keynes are being very aggressive at the moment (issuing loads of summons). I have two accounts with them and I'm shitting bricks.

Can you post a link to the thread which you are talking about which will help others give you guidance on what you should do next. Sorry to be daft but I can't find it

Hi everyone,

That thread has now been moved to the legal claims secured contents. I am afraid I don't know how to post a link to it from this thread.
But there was not much post on that thread about this debt. It was just the facts that I have repeated here so far.

Thanks

[PriorityOne]

Re: URGENT : Keynes issue LBA for old HSBC overdraft account: HELP!!

If they are currently liaising with the creditor for docs. then you will need to wait for their response. When you get it, you should ask for a complete breakdown of how they have arrived at the balance on their records by providing you with a complete breakdown of all charges/fess applied, their legal justification, etc.

You can try the Stat. Barred route but I would hazard a guess that the date would be from November 2008 due to the direct debits leaving the account up until it's closure. If you have not re-acknowledged the debt in any of your correspondence however, it may be possible to keep them tied up in knots up until that time.

[Never-In-Doubt]

Re: URGENT : Keynes issue LBA for old HSBC overdraft account: HELP!!

1) When would Statue Barred start from. July 2007 or November 2008.

When did the last DD leave the account? It will be from the day after that (+6 yrs), as standard.

2) Are the charges applied legal or not.

That depends, did you have any authorised overdraft facility? Why did you not cancel the DD's or were the DD's that got paid ONLY to other HSBC products, ie loan/card/insurance etc?

3)What difference would it make whether this was an authorised/unauthorised OD.

That would play a part as they'd need to adhere to The Consumer Credit (EU Directive) Regulations 2010 & The Consumer Credit Act 1974 sections: c.39 (s.74 (A&B) (VA)).

See this for details --> http://forums.all-about-debt.co.uk/s...CA-Information

[megabyte]

Re: URGENT : Keynes issue LBA for old HSBC overdraft account: HELP!!

When did the last DD leave the account? It will be from the day after that (+6 yrs), as standard.



That depends, did you have any authorised overdraft facility? Why did you not cancel the DD's or were the DD's that got paid ONLY to other HSBC products, ie loan/card/insurance etc?



That would play a part as they'd need to adhere to The Consumer Credit (EU Directive) Regulations 2010 & The Consumer Credit Act 1974 sections: c.39 (s.74 (A&B) (VA)).

See this for details --> http://forums.all-about-debt.co.uk/s...CA-Information

Hi everyone,

MKDP are on my a** again. After six months they have responded to my cca request and my reply to their LBA.
I will now be doing a thorough review of all the paperwork/docs in my posession and will post a more comprehensive summary of what I believe is happening here. But basically these are the significant facts of the case so far, that I can think of from the top of my head :-

account type : current account OD
Amount : £1017
OC : HSBC
DCA: MKDP
LBA: Dated 04/02/14
CCA REQUEST : Sent 12/02/14
REPLY TO LBA : Sent 19/02/14
HSBC COMBINED DEBT : From their reply I have been able to identify that this debt may have been combined into a loan account, for which a claim has already been issued and discontinued.

Basically, in their reply they have sent some statements of the account dating from April 2008-November 2008, when the account was closed. They have also sent some general terms and conditions effective for personal banking from 2007.

They then continue to state in their reply that although I have also requested for other documents such as a the Credit Agreement and the Default Notice these are not applicable, as it is a current account. Therefore they have not provided any of these docs.

I am in a bit of panic here as from my previous experience in dealing with these lot, I know they are very much inclined in issuing a claim even if they don't have the necessary paperwork. Their reply is dated 14/08/2014, but i've just recieved it today.

I need to reply to this pretty quickly and need advise on how to respond. Thanks.

Regards
megabyte.

[megabyte]

Re: URGENT : Keynes issue LBA for old HSBC overdraft account: HELP!!

Hi everyone,

MKDP are on my a** again. After six months they have responded to my cca request and my reply to their LBA.
I will now be doing a thorough review of all the paperwork/docs in my posession and will post a more comprehensive summary of what I believe is happening here. But basically these are the significant facts of the case so far, that I can think of from the top of my head :-

account type : current account OD
Amount : £1017
OC : HSBC
DCA: MKDP
LBA: Dated 04/02/14
CCA REQUEST : Sent 12/02/14
REPLY TO LBA : Sent 19/02/14
HSBC COMBINED DEBT : From their reply I have been able to identify that this debt may have been combined into a loan account, for which a claim has already been issued and discontinued.

Basically, in their reply they have sent some statements of the account dating from April 2008-November 2008, when the account was closed. They have also sent some general terms and conditions effective for personal banking from 2007.

They then continue to state in their reply that although I have also requested for other documents such as a the Credit Agreement and the Default Notice these are not applicable, as it is a current account. Therefore they have not provided any of these docs.

I am in a bit of panic here as from my previous experience in dealing with these lot, I know they are very much inclined in issuing a claim even if they don't have the necessary paperwork. Their reply is dated 14/08/2014, but i've just recieved it today.

I need to reply to this pretty quickly and need advise on how to respond. Thanks.

Regards
megabyte.

Hello Everyone,

Where is everybody gone ????................. I know it is summer holidays, but I need some help here about how I should respond to this for know.

From my previous experience in dealing with this DCA, it wasn't long after responding to my CCA request that a claim was issued. I need to reply back here quickly..... I need some help PLZ..Thanx.

Regards
megabyte

[SaltnVinegar]

Re: URGENT : Keynes issue LBA for old HSBC overdraft account: HELP!!

Hi Megabyte

I've asked a few people to pop in and take a look. No need to panic (yet), as its less than 24 hours since you posted

Best
SnV

[nightwatch]

Re: URGENT : Keynes issue LBA for old HSBC overdraft account: HELP!!

Hi megabyte
no idea about overdraft debts
but you say above that this was combined into a loan account,
can you clarify how this was done?
did the bank just do it or did you ask for it to pay off the overdraft,?

[ATW]

Re: URGENT : Keynes issue LBA for old HSBC overdraft account: HELP!!

I think that it will be within limitation. I would have thought that the clock would run from when they call in the overdraft and you fail to pay it off when they requested that you do so.
If they have already discontinued on this on a previous case then they may need permission to pursue it now.

Can you tot up how much of the overdraft is charges? If you make them an offer of the overdraft less the charges they might take it to go away as its a relatively low sum they are after.

[Never-In-Doubt]

Re: URGENT : Keynes issue LBA for old HSBC overdraft account: HELP!!

If the overdraft was created as a result of charges, ie you were not OD but charges made you go OD then s.74 kicks in (see this --> http://forums.all-about-debt.co.uk/s...CA-Information )

Basically they need to send you a statement each year as well, so you actually have some grounds here dependant upon what the situ was that made you overdrawn. So if you spent on the card and made yourself go into an overdraft forget that. If the bank charged you and made you go overdrawn they need to send statements. If you had an OD and stayed within in and the bank charges made you exceed it, s.74 kicks in.

s.74 is defined in the link above and includes reference to The Consumer Credit (EU Directive) Regulations 2010; and also c.39 (s.74 (A&B) (VA)) CCA(1974).

[megabyte]

Re: URGENT : Keynes issue LBA for old HSBC overdraft account: HELP!!

If the overdraft was created as a result of charges, ie you were not OD but charges made you go OD then s.74 kicks in (see this --> http://forums.all-about-debt.co.uk/s...CA-Information )

Basically they need to send you a statement each year as well, so you actually have some grounds here dependant upon what the situ was that made you overdrawn. So if you spent on the card and made yourself go into an overdraft forget that. If the bank charged you and made you go overdrawn they need to send statements. If you had an OD and stayed within in and the bank charges made you exceed it, s.74 kicks in.

s.74 is defined in the link above and includes reference to The Consumer Credit (EU Directive) Regulations 2010; and also c.39 (s.74 (A&B) (VA)) CCA(1974).

Hi everyone,
I have now completed my review of all docs and it’s a bit of a funny one this one. Here’s the facts which I believe are important here :-
Account Opened: 1999
Account Type : Agreed overdraft.
Date Of Last Payment Into Account : 18/07/2007.
Date Of Last Direct Debit From Account : 30/07/2007.
Date of last direct debit attempt by HSBC from account : 01/11/2007.
Date payment transferred into account from another HSBC account : 07/07/2008.
Last posted Transaction on account for interest Charge : 13/11/2008.

After piecing everything together the following is a summary of what happened here :-

In July of 2007 the account went over the agreed limit as a result of a direct debit leaving the account, and not me spending on the card or withdrawing cash. Just before this transaction the account was not overdrawn but was in credit. The account then continued to accrue further charges as subsequent requests for direct debits were returned up until November 2007. In November 2007 when I contacted the bank I was told that this account was closed and I was made to open another bank account in order to make payments for my personal loan which I did. I even have letters from DCA’s demanding payments for this account in September 2007.
However the statements show that the account remained live as interest continued to be added to the account right upto 13/11/2008, after which there are no more transactions. On the 07/07/2008 funds were transferred from another one of my HSBC accounts into this one without my permission.

The big question now is which date does statue limitation Act apply from is it:-

01/11/2007 – Date of last DD attempt by HSBC.
07/07/2008 – Date of Funds transfer from my other account.
13/11/2008 – Date of last Transaction posted on Account for interest charge.

Furthermore I need advise on how best to respond to this. Do I send a standard statue barred letter or do I still argue The Consumer Credit (EU Directive) Regulations 2010; and also c.39 (s.74 (A&B) (VA)) CCA(1974). Thanks

Regards
megabyte

[CleverClogs (RIP)]

Re: URGENT : Keynes issue LBA for old HSBC overdraft account: HELP!!

In which part of the UK do you reside?

[megabyte]

Re: URGENT : Keynes issue LBA for old HSBC overdraft account: HELP!!

In which part of the UK do you reside?

Hi clever cloggs,

England.....why???

Regards
megabyte