Re: HSBC advice please.

by Biggiebest Thu Feb 15, 2024 6:27 pm

Trishiapp28 wrote:Biggiebest, I’m now at the point where I have them in tacit agreement, so won’t be responding to them for much longer. All I need from them now is SAR and to answer whether they fraudulently issued that NoA. After that, they are not getting any more responses & they can take me to court for this alleged debt, should they wish to.

I think the reason why they keep going with letter tennis is because they want us to slip up on something. Please don’t give them that opportunity! I’m rooting for you

I have Lowell in tacit but have only sent the solicitor first letter. I had SAR the original bank but not Lowell or ODales. Have I missed something here?

by Trishiapp28 Thu Feb 15, 2024 7:43 pm

I chose to SAR both, the original creditor and Lowell via Overdales. I SAR’d Lowell because I’m gathering evidence that they committed fraud by impersonating PayPal Credit, amongst other things.

by Trishiapp28 Thu Feb 22, 2024 12:11 pm

Here’s a response from Overdales to my query regarding the suspect Notice of Assignment knocked up by Lowell:

“ in relation to the Notice of Assignment, PayPal have provided a reconstituted copy. You have been provided with a copy of the original from the original creditor, PayPal, when the account was sold and assigned to our client.”

Well, I didn’t. All I received was the dodgy Notice of Assignment purporting to be from PapPal knocked out by Lowell.

They go onto telling me that their client is satisfied the alleged debt has been legally assigned and that failure to contact them with my intentions may result in a Claim form being issued without further notice. Presumably they mean Court claim.

Interesting that they state ‘“failure to make contact” What do they think I’ve been doing all this time?

Oh yes, they also confirmed that my SAR has been raised with the relevant department. Looking forward to seeing it.

I’m not inclined to respond to this letter as I’ve nothing else to say, unless you all good people think I should.

I shall await the court claim to come through and defend it as well as raise Part 18 Request for further information.

by flyingfish Thu Feb 22, 2024 12:41 pm

Trishiapp28 wrote:I’m not inclined to respond to this letter as I’ve nothing else to say, unless you all good people think I should.

I shall await the court claim to come through and defend it as well as raise Part 18 Request for further information.

I don't think you need to respond unless/until you get a letter before action.

by waylander62 Thu Feb 22, 2024 1:14 pm

there you go 'reconstituted copy' just like i said

now wait for the SAR from PayPal, it won't contain a notice of assignment, these are the things you need but don't go gung ho at this stage keep your cards close to your chest as i did say before, nothing stopping Lowell from realising and requesting PayPal put it right by sending you a copy of the 'original' which won't exist but PayPal could easily create one.

Notice their Client is satisfied and not them ( overdales ) this speaks volumes in itself.

i don't see the need to respond they will do what they want anyway, i think you have already had a letter before claim ?

by Trishiapp28 Thu Feb 22, 2024 1:23 pm

Thank you Waylander. I had ‘Notice of Acting’ when Overdales wrote to me to let me know they were instructed by Lowell.

In this notice it says: “ we are instructed to initiate legal proceedings against you unless you pay £ in either a one-off payment or under an agreed payment plan ( there never was a payment plan.)

Followed by: “ if you fail to make payment or contact us to resolve this matter, we are instructed by our client to request that the court issued a County Court Claim against you. If legal proceedings are issued and you do not make payment following receipt of the court papers, or otherwise respond to the Claim, a County Court Judgment may be entered against you. “

Thank you

by Trishiapp28 Thu Feb 22, 2024 1:25 pm

Having looked at Examples of ‘ Letter before Claim’ this does not appear it

by waylander62 Thu Feb 22, 2024 7:47 pm

no it isn't a letter before claim

the next letter may be a letter before claim, it might be worth responding to that one.

by Trishiapp28 Thu Feb 22, 2024 7:49 pm

Thank you Waylander, I will 100% respond to it.

by Trishiapp28 Tue Mar 12, 2024 1:13 pm

It’s been over a month since my DSAR to PayPal and month since same to Overdales, no response from either. I’m now going to lodge an ICO complaint for both.

by Biggiebest Tue Mar 12, 2024 4:19 pm

Keep going Trish. Fight the good fight.
In my humble opinion, they are not going anywhere with this but trying to scare you into making payment.
My own experience with HSBC was they sell on the alleged debt. Fingers x.

by waylander62 Tue Mar 12, 2024 7:39 pm

Trishiapp28 wrote:It’s been over a month since my DSAR to PayPal and month since same to Overdales, no response from either. I’m now going to lodge an ICO complaint for both.

it is 13 months now since my DSAR to paypal lol, i haven't yet bothered to complain as lowell are still sending standard bullsh*t letters out, when they decide to ramp it up a bit i will do the same ( not my 'debt' personally though )

in my experience the ICO will probably have a backlog and wont do much initially, however if you get a LBA from overdales then pressure the ICO into action.

as a matter of interest what address did you use for paypal ? this is my first time dealing with one of their accounts.

by Trishiapp28 Wed Mar 13, 2024 7:36 am

Morning Waylander and thank you for your response.

I checked and the registered UK office for them is: PayPay Credit, Whittaker House, Whittaker Avenue, Richmond-upon-Thames, Surrey, TW9 1EH.

Wishing you a great day.

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