Josefk diary

[josefk]

Re: Josefk diary

I believe First Direct is internet banking only so you would have made your applications for both these accounts online. If this was any time after 2005 then the tick-box may well have acted as your signature instead of you signing any paper credit agreement. Which one was opened in 2003 and which one was opened in 2007 (as per your post # 46)? It looks like the credit card (-£6k) was 2007 and bank account (-£4k) was 2003 so please confirm. Your post implies both had negative balances outstanding when sold on.

Do you have any proof that you closed the bank account in 2011? When you say First Direct paid you the positive balance "in cash" do you mean you withdrew the money (positive balance) from an HSBC branch since you would normally be sent a cheque with internet-only banking closures unless you asked them to transfer it straight to another bank (i.e. the Halifax). Since 2011 is fairly recent all the information should still be held by First Direct.

When HSBC sell an account they often re-number it so the amount claimed on the POC will be your biggest clue as to whether this relates to your old VISA credit card account or bank account.

I note you have been in a DMP (post # 46) so some of the paperwork may still be with them since they will have dealt direct with First Direct on your behalf. They should have retained your monthly statements detailing all the creditors in your plan and who was being paid what each month. They should have sent you a statement each month too - did you keep any? If you can get hold of one of those you'll be able to see whether your DMP provider was paying your money towards the credit card or the bank account or both and the balance outstanding each month. You would have sent your DMP business one payment for all your creditors combined.

I need to change the original information listed now. I was informed by Arden that they had bought two first direct accounts. It now turns out that they had bought one MBNA account which I have sent to Niddy already and this one which they state is from 2003. Not sure how it is from 2003 as I opened up the first direct account before that.

I never closed the account myself. First direct closed the account as I had been struggling due to circumstances but I kept breaching my overdraft level. However, anything owed on the current account was settled before they gave me any money. I had to nominate a HSBC branch to pick the money up from and I recall it was £1800 give or take a few pounds. This was literally just after the payday and they took about £900 from me to brings things level.

It was telephone banking when I opened up the account. There was a card I had but that had a different account number completely. That account number is listed on the DMP details but that is the card that they have steadfastly refused to acknowledge that a CCA is required for. When I contacted the DMP people I had already been at my new bank for a few months so and since everything was cleared there was nothing to pass over.

[josefk]

Re: Josefk diary

Send me the claim form ASAP please. Did you do a s.78 - did you get proof of delivery?

Claim form sent to you Niddy.

CCA Request made, and have proof of delivery.

Regards

[PlanB]

Re: Josefk diary

they're calling it a current account, I paid off my current account in 2011 .and opened up a Halifax account with what was given to me by first direct. Due to circumstances I was frequently going over my overdraft limit so they closed the account, they cleared everything I owed on the current account and gave me the rest in cash. I think they're trying to call it an overdraft as they have nothing for the card.

I had a first direct visa which was what I listed in the first few posts. You can't close an account and still have the overdraft in place.

I believe First Direct is internet banking only so you would have made your applications for both these accounts online. If this was any time after 2005 then the tick-box may well have acted as your signature instead of you signing any paper credit agreement. Which one was opened in 2003 and which one was opened in 2007 (as per your post # 46)? It looks like the credit card (-£6k) was 2007 and bank account (-£4k) was 2003 so please confirm. Your post implies both had negative balances outstanding when sold on.

Do you have any proof that you closed the bank account in 2011? When you say First Direct paid you the positive balance "in cash" do you mean you withdrew the money (positive balance) from an HSBC branch since you would normally be sent a cheque with internet-only banking closures unless you asked them to transfer it straight to another bank (i.e. the Halifax). Since 2011 is fairly recent all the information should still be held by First Direct.

When HSBC sell an account they often re-number it so the amount claimed on the POC will be your biggest clue as to whether this relates to your old VISA credit card account or bank account.

I note you have been in a DMP (post # 46) so some of the paperwork may still be with them since they will have dealt direct with First Direct on your behalf. They should have retained your monthly statements detailing all the creditors in your plan and who was being paid what each month. They should have sent you a statement each month too - did you keep any? If you can get hold of one of those you'll be able to see whether your DMP provider was paying your money towards the credit card or the bank account or both and the balance outstanding each month. You would have sent your DMP business one payment for all your creditors combined.

[Never-In-Doubt]

Re: Josefk diary

Send me the claim form ASAP please. Did you do a s.78 - did you get proof of delivery?

[josefk]

Re: Josefk diary

so they've sent papers for an account that they are calling a credit card but you know to be a current account?

which you think you've paid off in 2011?

or have i got that wrong?

other way round, they're calling it a current account, I paid off my current account in 2011 and opened up a Halifax account with what was given to me by first direct. Due to circumstances I was frequently going over my overdraft limit so they closed the account, they cleared everything I owed on the current account and gave me the rest in cash. I think they're trying to call it an overdraft as they have nothing for the card.

I had a first direct visa which was what I listed in the first few posts. You can't close an account and still have the overdraft in place.

[MrsD]

Re: Josefk diary

so they've sent papers for an account that they are calling a credit card but you know to be a current account?

which you think you've paid off in 2011?

or have i got that wrong?

[josefk]

Re: Josefk diary

so do the particulars give an account number? and if they do, what is it for?

can you tell by the balance?

sorry for all of the questions, but we need to establish what exactly we are dealing with?

the account number they have bears no relation to any account I've had. The balance comes from a Visa card I believe.

please don't apologise for the questions, I appreciate you're trying to help.

[MrsD]

Re: Josefk diary

so do the particulars give an account number? and if they do, what is it for?

can you tell by the balance?

sorry for all of the questions, but we need to establish what exactly we are dealing with?

[josefk]

Re: Josefk diary

so it's from Northampton

and it's a credit card and current account added together
or one or the other?
can you tell from the particulars?

the letter that came last week stated it was down to an overdraft solely from a current account, nothing whatsoever about a card. Because it was an overdraft they stated they did not have to supply anything in regards CCA. Surely if it was a card, even if they did attach it then a CCA would be needed?

The particulars on the court form go on about a first direct account that they bought in 2012. I've not received any default notice at all.

[MrsD]

Re: Josefk diary

so it's from Northampton

and it's a credit card and current account added together
or one or the other?
can you tell from the particulars?

[josefk]

Re: Josefk diary

OK Nottingham, is that your local court?

or are they from Northampton? which is the bulk centre?

looks like a right dog's breakfast, try not to worry

was anything at any time amalgamated into the account, at any time? HSBC were very fond of adding stuff together in the past, sometimes without telling the unfortunate customer

do you have a good papertrail for this going back?

I need to slow slow down, it's from the Northampton bulk centre.

i did have a card which was why I had been asking them for the CCA for ages but that was separate from the current account.

The only paper trail would be from when this started, the account was closed in 2011. They kept the money that I was overdrawn by (just before payday) and paid out the rest.

[MrsD]

Re: Josefk diary

OK Nottingham, is that your local court?

or are they from Northampton? which is the bulk centre?

looks like a right dog's breakfast, try not to worry

was anything at any time amalgamated into the account, at any time? HSBC were very fond of adding stuff together in the past, sometimes without telling the unfortunate customer

do you have a good papertrail for this going back?

[josefk]

Re: Josefk diary

Court papers from Nottingham.

[MrsD]

Re: Josefk diary

is it definitely court papers or just a letter threatening?

[josefk]

Re: Josefk diary

Last but not least:

• Type of account First Direct CC
  
  
• Date commenced Allegedly 2003 and 2007 (Had no reason to take any card out in 2007 and that year was very memorable as all debt had been cleared)
  
  
• Approx balance £4000 and £6000
  
  
• Date last paid Jun 2011
  
  
• Are you on arrangement or not paying Was in DMP now stopped
  
  
• Status Again no defaults received but obviously in arrears
  
  
• Account owner Moorgate, Idem, Arden (all sending letters, all one firm out of the same address just using different headings)

Have asked for credit agreement 6 times, nothing received. Sent some information saying they bought loan and the dates I allegedly took cards out. Honestly believe the 2007 is very wrong.

Obviously will need to do the £1 fee request but it has gone quiet from them. Nothing heard in a few weeks where they were sending almost weekly.

Again any advice gratefully received.

The account for almost £6,000 is the one they're now taking me to court on for an alleged overdraft.