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HSBC Student Overdraft

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  • HSBC Student Overdraft

    Hello I would apprreciate any advice if possible.

    In 2002 I had a student overdraft with a HSBC for £2500, with a balance of -£2200 I left university but had regular payments into my account

    In 2005 I went back to university/medical school, my HSBC balance was now -£1100 and the overdraft limit was £2500 but it was now a graduate account. I got a student account with another bank but stupidly inquired about graduate loans to help fund my re-entry to university. HSBC promptly closed my account and passed the overdraft to several in-house agencies like DG Solicitors and Metropolitan collection services. In 2009 when doing my final exams I had a lot of harassing phone calls from Metropolitan collection services including before and during exams. It was stressful and I failed the exams achieving a poor outcome from university. I did complain and wanted compensation, having been left with nothing, everything became quiet. I continued regular repayments but received few responses.

    In 2013 I moved addresses and contacted Metropolitan collection services. They told me they had written off my debts in 2010, I asked for written confirmation, I received nothing in writing to confirm the debts had been written off, as I had moved addresses and my old housemates tell me they have received nothing. I forgot to stop the standing order having not received anything, which I realised in 2014, then I stopped the standing order. Given all the repayments I should have a balance of £600-£700

    Now out of the blue in 2016 I have received two letters from Cabot asking me for £1743.31. My issues are it was an interest free overdraft so there was no credit agreement. I was told the overdraft had been written off in 2010 so they have taken money but have been charging me interest it seems since then. No one told me they wanted money from me for several years, so I feel annoyed it has come as a suprise now. I dont mind paying but understanding it can be seen as a sold debt that was written off, I would only pay 10-20%. How do I go about this and get a confirmation that no further demands or selling to third parties will be done after another couple of years.
    Tags: None

  • #2
    4 years on, I have recieved a county court claim. There is no credit agreement and it appears Metropolitan Collection Service did sell the debt on to Cabot but no evidence. My last unaware payment from standing order was 2014. Borderline on default barred. But never had I admitted a debt and the original default was in 2009. I have written letters in 2013 asking for clarification the overdraft was written off in 2010.

    I have submitted a defence of default barred
    I have requested a SAR for which they want me to give copies of current financial information and passport to process
    I have requested a CPR for which they have immediately cashed the attached postal order

    Despite submitting a defence and duplicating letters to CAbot/Mortimer Clarke with signed for delivery, Mortimer Clark after writing tome about the SAR (all on the same date sent -in the same envelope) are stating I have not contacted them and they will apply to the court for judgement in default

    Should I write to the court?? Although the court have confirmed they have receivedmy defence and they have 28 days to respond

    An answer would be very much appreciated if I should write to the court or just wait*

    Comment


    • #3
      Draft Letter

      Rebuttal of Mortimer Clarke Solicitor’s Judgement in Default application
      *
      I understand both Mortimer Clarke Solicitors and Marlin I Europe Ltd have received, 2 sets of duplicate correspondence from me this year, the second set of which was received by ‘signed for delivery’ at the same time as my defence to the court claim, Case Number XXXX. They had responded to me but now in a second response letter dated xxx (received last week) they falsely state they have not received a response from me and “have now requested that the Court Grants Judgement in Default in favour of our client.” (copy enclosed)

      As their letter is written in past tense, I write this rebuttal letter. Not only have they have not written to me of any pre-action, or notice that they have brought a defaulted overdraft from 2007 (and statute-barred). They have not waited 28 days from myself being served with the claim form, to respond by make a false request to the court. They have falsely made representation they have had no response and request a default judgement which they know is mischievous action. I urge you not to grant them this default judgement. I highlight responses from the court; an acknowledgement of a defence, dated xxx and an earlier letter xxx with associated additional letter sent to Mortimer Clarke which highlights a whole host of problems as they are continuing to prevent me from making the associated counter-claim. Details of monies owed by purchasers Cabot/Marlin I Europe Ltd/Marlin/Mortimer Clarke Solicitors are also enclosed.

      Yours Sincerely
      *

      Comment


      • #4
        so last unaware payment was 6 years and 4 week from court claim date, but Cabot show they received it 6years and 2 weeks in one one account of evidence and 6 years 1 weeks in another summary.

        I had actually made no deliberate payment since 2011 when I was told the overdraft had been written off and all my payments had been £50 but Cabot show these to have been £1 and then the dates vary in 2014 when Cabot brought the overdraft for either £5 or £35 with an amended Deed under the law of property act to receive equity only.

        Thread continued on https://legalbeagles.info/forums/for...overdraft-2007

        Comment

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