My Diary

[MRM]

Hi,

I am back in the office now, although I did respond to your email on the 18th. Have you seen that email?

Hi,

I have just found your email from Wednesday I have replied. Look forward to hearing from you.

[MRM]

After speaking to Gerry @ JCS and taking A few days to consider my options I have decided not to respond to the letter of claim. Regardless if I respond or not I think as it’s so close to becoming statute barred they would take me to court regardless.
I will update if/when I hear anything.

[Night Monkey]

...I have decided not to respond to the letter of claim.

That's the view I took when PRA came for me; it was felt that they'd go to court anyway and anything I did would only help them.

If they do take you to court then the clock is ticking and the time to get any documentation that you ask for to back up their claim is limited.

Good luck...

[Timewilltell]

Interesting choice of option, I too had an LBC from PRA, only I noted I would be defending and referred them to a previous letter of correspondence, they subsequently wrote back advising they would not be taking any legal action now or in the future, we are now SB!! Happy days.
Horses for courses I guess.

[MRM]

SAR sent to HSBC on 03/05/22 but still no reply! What next? Should I send a letter to chase this or can I submit a form via their website to chase? Thanks

[The Tech Clerk]

wait couple of days see what if not in 7 days complain to ICO (Information Commissioner's Office) on line. do not mess about with HSBC their record is attrusious
.

[MRM]

wait couple of days see what if not in 7 days complain to ICO (Information Commissioner's Office) on line. do not mess about with HSBC their record is attrusious
.

Will do. Thanks

[MRM]

Still no reply from HSBC. I did submit a complaint to the ICO in June however they advised it could take up to 3 months..
looking at my paperwork, the last payment I made was 6 years ago

[The Tech Clerk]

well sit on hands for now update next letter etc

[Roger]

You need to avoid any Communications which might be interpreted as restarting the Statue Bar Clock.

The rule is if something isn't in the SAR then this won't be available to a Hoist! Also there is the matter of the IRON MOUNTAIN fire and a 1998 Loan Agreement which would had to have been signed.
Your Diary doesn't show the Date of Assignment from HSBC to Hoist. There is also no mention of a Default Notice. Which brings the issue of the Last payment. I note you wrote July 2016 with a without Prejudice Offer.
So the rule is 6 years plus one month! This suggests that your target Date for SB is possible August 2022.

What may help is any records you may or may not have had from the Credit Reference Agencies Entries.
I should imagine that by now these would have dropped Off. However the CRA's might show the last payment as a notice of payments! Also might indicate when and how long the Account was reported from (A Default Date) also who started the CRA's whether HSBC or Hoist.
This might be useful for you to investigate!

CRA's can be useful in evidence of such matters as last payment received and reported! Which would greatly simply a Statue Barred Defence!

[MRM]

I was originally on a DMP with spectrum from 2003. It was changed to money village in 2012. In 2016 I received a letter to say as I hadn’t signed a letter of authority since the change they would close the account.
I have very little paperwork in this time, No default notices etc..
I have statements from creditors to show the last payment made, is this proof enough for statute barred?
I haven’t checked my credit history in the last 6 years, perhaps I need to take a look.

[Roger]

I was originally on a DMP with spectrum from 2003. It was changed to money village in 2012. In 2016 I received a letter to say as I hadn’t signed a letter of authority since the change they would close the account.
I have very little paperwork in this time, No default notices etc..
I have statements from creditors to show the last payment made, is this proof enough for statute barred?
I haven’t checked my credit history in the last 6 years, perhaps I need to take a look.

You would want to be able to prove. Your word against there's and remember it can be because of later correspondence.
Evidence of your acknowledgement of the Debt restarts the SB clock.

You could send a SAR to money village (would cover from 2012 to 2016) which should cover to when the account was closed. Was this when the last payment made to Hoist? And you never made a direct payment to Hoist?

The CRA (Credit Reporting Agencies) can be useful for evidence. I suspect this fell off after say 2009/10 (6 years after 2003!)

[MRM]

You would want to be able to prove. Your word against there's and remember it can be because of later correspondence.
Evidence of your acknowledgement of the Debt restarts the SB clock.

You could send a SAR to money village (would cover from 2012 to 2016) which should cover to when the account was closed. Was this when the last payment made to Hoist? And you never made a direct payment to Hoist?

The CRA (Credit Reporting Agencies) can be useful for evidence. I suspect this fell off after say 2009/10 (6 years after 2003!)

I will send an SAR to money village.
the last payment I made was via money village it was collected from my bank late June 2016 and shows on statements from hoist as received early July 2016. Would the without prejudice offer letter count as an acknowledgement? This is the only letter I have sent in 6 years, I have not engaged with them since.

[Roger]

I will send an SAR to money village.
the last payment I made was via money village it was collected from my bank late June 2016 and shows on statements from hoist as received early July 2016. Would the without prejudice offer letter count as an acknowledgement? This is the only letter I have sent in 6 years, I have not engaged with them since.

Should be covered with the Without Prejudice. Was it a AAD template letter?

Make certain you have a copy of that Bank Statement.

Was this by Direct Debt (they take by Direct Debit) or Standing Order (you pay by Standing Order). The Date that the money was taken from the account is relevant because the key is when Hoist received the Money not necessarily when they entered it on their statements.

Taking their Statement date 6 years plus 1 month. I guess would be early August
But if Hoist actually had the money same date or within June 2016 then you will appreciate that points to a July date for SB.

Of such fine details depend SB.
Personally after SB I simply said nothing. Let the months roll! For me well over 2 years plus now. Still get the odd beggars belief letter!