Josefk diary

[cymruambyth]

Hi, glad to see that you are getting healthier. When you say 'discontinued fully before court ' can you explain what that means? Do you have a letter to say it has been discontinued and with reasons why? Sorry if I have missed this information.

[Still Waving]

Arrow Global were never on this one, Arden were, but not heard anything that the alleged debt was sold on, I just assumed it had been farmed out for another to try getting a result.

I said I was confused.

[josefk]

A further question - the last we heard (post#303) this account was owned by Arrow Global who were using Shoosmiths. This recent letter is from Cabot. Have you been notified that AG have sold the account to Cabot, or are Cabot acting for AG?

Arrow Global were never on this one, Arden were, but not heard anything that the alleged debt was sold on, I just assumed it had been farmed out for another to try getting a result.

[Still Waving]

A further question - the last we heard (post#303) this account was owned by Arrow Global who were using Shoosmiths. This recent letter is from Cabot. Have you been notified that AG have sold the account to Cabot, or are Cabot acting for AG?

[Still Waving]

Hi Still Waving,

Not two different accounts, First direct was the telephone banking arm of HSBC. My overdraft was settled when they closed my account but the CC that they had given me was later put onto the closed account to show an OD balance and not a CC balance.

Ah - thank you.

[josefk]

Hi
Can I just clear up any confusion (on my part)? I have read a little way back in your diary to try to understand this. In post #303 you said -

"This one is actually the previous court case I had with my old HSBC account through Brittanica recoveries Via Arden. This was also discontinued before it got to court. This was when Andrew was assisting AAD. Shoosmiths fully discontinued the case about 2 months before the hearing.

They had put what was allegedly owed via CC onto my HSBC account and showed it as an overdraft even though the account showed that all the overdraft was cleared when the account was shut. There was never a CCA for the CC as it was merely a tick box application when the account was opened, I think this is why they tried to combine the two issues so they could try and argue that it was an overdraft and fall outside requirements."

As I read it, this is the one that Di had advised you on

Are these definitely two different accounts with very similar circumstances? Sorry if I am muddying the waters.

Hi Still Waving,

Not two different accounts, First direct was the telephone banking arm of HSBC. My overdraft was settled when they closed my account but the CC that they had given me was later put onto the closed account to show an OD balance and not a CC balance.

[josefk]

Glad you are back to normal and feeling better

Without reading back through the history, I would imagine Cabot may ( as usual) not know the full history behind this account or as is common not know what the other hand is doing etc

The action you suggest sounds about right but I would wait to see what Plan B advises as she knows so much more about this subject that I would ever know......Just to be on the safe side

Thanks Spud, they've contacted again threatening potential legal action so I need to send a response back. Just didn't want to put anything wrong into the reply.

[Still Waving]

Hi everyone, Been ages since I've been here but a month after my last post I went into hospital for an operation and been battling to get fit since, think I've made it now.
It had been quiet on the debt front thankfully but I did receive a week back a letter from Cabot stating if I haven't sorted out payments on the old First direct account within 4 weeks then they would consider starting legal action.

This was the case that Andrew managed ages ago and was discontinued just before it went to court, discontinued fully. It was where they'd put my CC that I had a classed it as an overdraft to try and wiggle out of not having a CC agreement.

Is there a letter to send for this as I'm not sure the best way to word things on this as I don't want to give to make a mistake.

Plan B had said to send a formal complaint and copy of the discontinuance before, is this the way forward still?

Hi
Can I just clear up any confusion (on my part)? I have read a little way back in your diary to try to understand this. In post #303 you said -

"This one is actually the previous court case I had with my old HSBC account through Brittanica recoveries Via Arden. This was also discontinued before it got to court. This was when Andrew was assisting AAD. Shoosmiths fully discontinued the case about 2 months before the hearing.

They had put what was allegedly owed via CC onto my HSBC account and showed it as an overdraft even though the account showed that all the overdraft was cleared when the account was shut. There was never a CCA for the CC as it was merely a tick box application when the account was opened, I think this is why they tried to combine the two issues so they could try and argue that it was an overdraft and fall outside requirements."

As I read it, this is the one that Di had advised you on

Are these definitely two different accounts with very similar circumstances? Sorry if I am muddying the waters.

[Spud]

Glad you are back to normal and feeling better

Without reading back through the history, I would imagine Cabot may ( as usual) not know the full history behind this account or as is common not know what the other hand is doing etc

The action you suggest sounds about right but I would wait to see what Plan B advises as she knows so much more about this subject that I would ever know......Just to be on the safe side

[josefk]

Hi everyone, Been ages since I've been here but a month after my last post I went into hospital for an operation and been battling to get fit since, think I've made it now.
It had been quiet on the debt front thankfully but I did receive a week back a letter from Cabot stating if I haven't sorted out payments on the old First direct account within 4 weeks then they would consider starting legal action.

This was the case that Andrew managed ages ago and was discontinued just before it went to court, discontinued fully. It was where they'd put my CC that I had a classed it as an overdraft to try and wiggle out of not having a CC agreement.

Is there a letter to send for this as I'm not sure the best way to word things on this as I don't want to give to make a mistake.

Plan B had said to send a formal complaint and copy of the discontinuance before, is this the way forward still?

[josefk]

Re: Josefk diary

Thanks for clearing that up

As the claim was discontinued after you filed your Defence that should be the end of the matter.

Have you got a copy of the Notice of Discontinuance from Shoosmiths? If so you might want to send that to Robinson Way in a letter headed Formal Complaint and with any luck you'll get a grovelling apology in response.

Just make sure you've got the right debt this time.

Plan B x

Cheers Di, that was one of my grey moments I allow myself

[PlanB]

Re: Josefk diary

it isn't the account that PRA had. This one is actually the previous court case I had with my old HSBC account through Brittanica recoveries Via Arden. This was also discontinued before it got to court. This was when Andrew was assisting AAD. Shoosmiths fully discontinued the case about 2 months before the hearing..

Thanks for clearing that up

As the claim was discontinued after you filed your Defence that should be the end of the matter.

Have you got a copy of the Notice of Discontinuance from Shoosmiths? If so you might want to send that to Robinson Way in a letter headed Formal Complaint and with any luck you'll get a grovelling apology in response.

Just make sure you've got the right debt this time.

Plan B x

[josefk]

Re: Josefk diary

[QUOTE=PlanB;576086]In which case what made you think Robinson Way may have been referring to an encore of your PRA claim?

As I said they mostly collect on behalf of Hoist (who owns them). PRA don't outsource their collections (unless this is a sudden new thing).

Hoist bought loads of Barclaycard accounts so could it be the debt in your post # 8 which is also about the same amount as your PRA one? I can't see any recent update on that Barclaycard account on your diary.

PlanB (End quote)

Okay.I've had a wally moment and need to apologise for that. Me and multi tasking don't go.

Right, relooking at the information it isn't the account that PRA had. This one is actually the previous court case I had with my old HSBC account through Brittanica recoveries Via Arden. This was also discontinued before it got to court. This was when Andrew was assisting AAD. Shoosmiths fully discontinued the case about 2 months before the hearing.

They had put what was allegedly owed via CC onto my HSBC account and showed it as an overdraft even though the account showed that all the overdraft was cleared when the account was shut. There was never a CCA for the CC as it was merely a tick box application when the account was opened, I think this is why they tried to combine the two issues so they could try and argue that it was an overdraft and fall outside requirements.

[PlanB]

Re: Josefk diary

Hi Di, Their letter says their client may be able to accept a reduced amount etc, normal kind of talk but there is nothing within the letter that actually identifies who their client is. Nothing at all about acting on behalf of etc at all. I thought that was very strange.

In which case what made you think Robinson Way may have been referring to an encore of your PRA claim?

As I said they mostly collect on behalf of Hoist (who owns them). PRA don't outsource their collections (unless this is a sudden new thing).

Hoist bought loads of Barclaycard accounts so could it be the debt in your post # 8 which is also about the same amount as your PRA one? I can't see any recent update on that Barclaycard account on your diary.

Plan B x

[josefk]

Re: Josefk diary

Since you filed a Defence before PRA discontinued their claim they won't be able to re-issue without permission of the court which they're unlikely to get if it's based on the same facts and legal arguments raised not only in their Claim (POC) but also raised in your Defence.

Does Robinson Way's letter say they're acting as DCA for PRA or has the account been sold on? Robinson Way act mostly for Hoist so I'm surprised to see them working on behalf of PRA.

Plan B x

Hi Di, Their letter says their client may be able to accept a reduced amount etc, normal kind of talk but there is nothing within the letter that actually identifies who their client is. Nothing at all about acting on behalf of etc at all. I thought that was very strange.