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Hi all
First time poster on this forum although have used others in the past
I have an old debt with HSBC, which I think is time-barred as the cause of action was in excess of six years ago, although HSBC didn't officially default the account until October 2009, so it is still being reported on my credit file.
This has been sold to MKDP.
I have a few issues going on at the same time. I've recently complained to HSBC with regards to the fees added (£1100 on a £350 o/d) - I've argued financial hardship due to my health conditions, and circumstances at the time. They refuse to budge so this will be going to the Ombudsman.
They state the charges are fair and reasonable and were applied in line with the terms and conditions.
Naturally I have requested a copy of the terms and conditions that were applicable to the account at the time the debt was incurred. They have responded to say they don't have them. They also don't have a record of any agreement between me and HSBC.
I really want to get to the bottom of whether the debt is enforcable for all of the reasons above and I'm not sure what the best way to go is.
In my complaint to HSBC I mentioned that I believe the debt to be statute barred and they said this would be the decision of MKDP as the data controller, which is somewhat puzzling as this isn't a DPA issue!
I would have thought that MKDP would need to evidence the terms and conditions that gave rise to the charges as part of any claim form, otherwise how can any one be expected to know whether the charges were applied correctly and in line with the contract and any purported breach thereof?
Any advice would be really appreciated!
First time poster on this forum although have used others in the past
I have an old debt with HSBC, which I think is time-barred as the cause of action was in excess of six years ago, although HSBC didn't officially default the account until October 2009, so it is still being reported on my credit file.
This has been sold to MKDP.
I have a few issues going on at the same time. I've recently complained to HSBC with regards to the fees added (£1100 on a £350 o/d) - I've argued financial hardship due to my health conditions, and circumstances at the time. They refuse to budge so this will be going to the Ombudsman.
They state the charges are fair and reasonable and were applied in line with the terms and conditions.
Naturally I have requested a copy of the terms and conditions that were applicable to the account at the time the debt was incurred. They have responded to say they don't have them. They also don't have a record of any agreement between me and HSBC.
I really want to get to the bottom of whether the debt is enforcable for all of the reasons above and I'm not sure what the best way to go is.
In my complaint to HSBC I mentioned that I believe the debt to be statute barred and they said this would be the decision of MKDP as the data controller, which is somewhat puzzling as this isn't a DPA issue!
I would have thought that MKDP would need to evidence the terms and conditions that gave rise to the charges as part of any claim form, otherwise how can any one be expected to know whether the charges were applied correctly and in line with the contract and any purported breach thereof?
Any advice would be really appreciated!
