Buffy's diary

[buffy300577]

Re: Buffy's diary

...

[cymruambyth]

Re: Buffy's diary

From what I can tell they haven't got a case as their actions and statements are incorrect and possibly illegal. As this is a letter before action (LBA), you need to send this http://forums.all-about-debt.co.uk/FREE/LBA-2016.doc

[buffy300577]

Re: Buffy's diary

I think, legally, a bank can take money of savings or current accounts to pay of a debt. Not sure thought if they can do that if there is no money in the account. I did send this letter to the solicitors and their reply was the rubbish above, they haven't provided me with none of the documents that i asked. They even mention that a Statement of Account is enclosed but there were no other documents.

[cymruambyth]

Re: Buffy's diary

The letter goes to the solicitors. I'm not 100% sure on all this! I don't think they can make a credit agreement into an overdraft! There is a CCA letter in AAD+ for overdrafts, but I'm not sure if you need to send this. If you have an overdraft they need to send you paperwork.

[buffy300577]

Re: Buffy's diary

Sorry i think i was editing my original post are you were sending a reply

I did send this letter to the solicitors and their reply was the rubbish above, they haven't provided me with none of the documents that i asked. They even mention that a Statement of Account is enclosed but there were no other documents.

[buffy300577]

Re: Buffy's diary

Oh i just saw the AAD+ site that wasn't there when i first joined the forum
I will subscribe to it later on tonight

[cymruambyth]

Re: Buffy's diary

If they do issue a claim, post here as Niddy is able to recommend an excellent solicitor who I think would be able to send Restons running for the hills very quickly! They are bullies and shysters!

[buffy300577]

Re: Buffy's diary

What is the actual process? Does the claim go straight to court or do they have to notify me first? I would assume that they would have to send me proof from Arrow Global, basically all the stuff that i asked in the letter. Do they usually file for a CCJ?

[buffy300577]

Re: Buffy's diary

I am thinking about sending Arrow Global the Bank Accounts - CCA and Reston's solicitors the Formal letter before action. Do these look like the right letters please?

I have the CCA response from Metropolitan for the loan but of course nothing referring to the overdraft.

[Roger]

Re: Buffy's diary

HSBC - Was with Metropolitan, now with Arrow Global
Current balance £3755 (loan)
Account Opened: 26 August 2006
Last full payment: June 2008
Default Date: 17 April 2009
DMP with Payplan cancelled January 2014 - Not paying anything at the mo
6/6/12 Send CCA letter
20/6/12 Received letter, only referring to the overdraft, Section 78 does not apply to current accounts.
25/06/12 Letter from Metropolitan. When they have the docs they will send them to me.
17/7/12 Send CCA Reminder - Unenforceability Threat
CCA back, awaiting Niddy's judgement
04/08/12 Niddy says it could be but blag it for the time. Sending CCA Query - Missing Prescribed Terms on Monday
02/01/14 Have send them a F+F for 15%, also this account does not appear in Noddle or Experian reports
24/07/14 I've had no contact from Metropolitan
02/03/15 Nothing heard from them still. 2 months left before it drops from my credit file
24/11/15 This has now fallen off my credit file and i haven't heard anything from them in 2 years. Lets hope they stay away
24/04/2017 I started getting letters from Reston Solicitor threatening legal action now. It seems that this loan has now somehow been converted to an overdraft from HSBC

I am thinking about sending Arrow Global the Bank Accounts - CCA and Reston's solicitors the Formal letter before action. Do these look like the right letters please?
I have the CCA response from Metropolitan for the loan but of course nothing referring to the overdraft.

Send Reston's the LBA-2016

Metropolitan CCA Response will have the Account Number so you can check that against the Account Number provided by Restons.
Just look at the CCA Response Account Number ( Loan Agreement!) that Metropolitan sent. Metropolitan were and are HSBC!!

Restons (are Agents for Arrow) have confirmed they have received your £1 and are in default of CCA under s.78/7.

Where is their proof that this was a overdraft. Now how are they going to do that?

I would suggest you send a SAR request to HSBC (this costs £10 but will reveal the truth)

Do not engage in any tit for tat exchange that gets you to acknowledge the Debt!

Others may have other advice.

[buffy300577]

Re: Buffy's diary

The Metropolitan CCA response has a different account number on, it is the one i had for the loan. At some point the current account and loan were amalgamated. If i send a SAR request to HSBC do they send me everything they have on file for me or just anything that relates to this overdraft? I had a loan and a mastercard with them which i stopped paying 3 years ago. The mastercard was from 1999 and was unenforceable so they stopped bothering me.

[Roger]

Re: Buffy's diary

The Metropolitan CCA response has a different account number on, it is the one i had for the loan. At some point the current account and loan were amalgamated. If i send a SAR request to HSBC do they send me everything they have on file for me or just anything that relates to this overdraft? I had a loan and a mastercard with them which i stopped paying 3 years ago. The mastercard was from 1999 and was unenforceable so they stopped bothering me.

The SAR covers all http://forums.all-about-debt.co.uk/s...l=1#post495040
The SAR will show what has actually happened.
In a way you have answered your own question send the CCA letter in AAD+ for overdrafts to Arrow (and a copy of that overdraft letter to Restons with the LBA-2016).

[PlanB]

Re: Buffy's diary

If they do issue a claim, post here

A claim has now been issued by Restons solicitors and the thread can be found here >

http://forums.all-about-debt.co.uk/s...l=1#post590654

Di