Re: HSBC advice please.

by **daveiron** Thu Oct 26, 2023 8:46 pm

Personally as its a new claim i would send them the 1st NoCA . Remember they contain an offer to settle any obligation,
on that basis they would look stupid in court as there is no dispute .
If you are concerned about time send the first notice via RM 'next day signed for' It will be delivered am the next day(i think its about 6 quid)
You will find this very helpful;https://goodf.forumotion.com/t6260-recommended-reading#42556

by Trishiapp28 Thu Oct 26, 2023 8:54 pm

Thank you Daveiron for your kind advice, I appreciate it.

I’ve sent them the Credit Agreement request along with £1 already and 1st letter to Lowell, but I’m more than happy to send one to them too. Perhaps bit naive of me, but seeing they are same as Lowell, will Lowell not communicate with them that I sent the 1st letter with my conditions?

Thank you again.

by Trishiapp28 Thu Oct 26, 2023 8:58 pm

After all, as they said in their letter, they are representing Lowell as their client. If their client doesn’t provide the information requested by me ( as per 1st letter) there’s no claim. Of course, I could be completely off the mark snd I’ve no doubt you have more knowledge & experience than me.

by **daveiron** Thu Oct 26, 2023 9:06 pm

I would treat them separately,
Get a copy of this; https://goodf.forumotion.com/t6260-recommended-reading#42556

I know i have recommended this a lot ,but it explains things very clearly

by Trishiapp28 Thu Oct 26, 2023 9:15 pm

Great! Thank you Daveiron, I am going to get a copy of this book, the more knowledge I have, the better. Previously spent few weeks researching and learning on here and Observation Deck, which I enjoyed very much. Eye opening knowledge, if not disturbing knowing it’s all a scam.

Right, I will send them the 1st letter first thing tomorrow morning & will continue with the process with both Lowell & Overdales till the end. “ You want money from me, the burden of proof lies with you buddy” .

by Trishiapp28 Thu Oct 26, 2023 9:17 pm

Just checked & I can get it as an audio book which is handy as I have some credits left with Audible.

by Trishiapp28 Thu Nov 09, 2023 1:58 pm

Received a response from Overdales:

“ Thank you for your recent correspondence. We note you wish to dispute this account however not provided any reasoning for your dispute. Please provide your reasons along with sufficient evidence to support your claim.

Please find a copy of the Agreement, as requested.

We can confirm we have requested a copy of the account Statement and a response will be sent to you in regards to this, if available, upon request.

We confirm your account has been placed on hold in the meantime.”

Ok, so, it seems like it’s a generic response with attached print out of the Agreement executed electronically with my name and PayPal.
I need to look at it properly this evening...

What bothers me about their response is their statement that I’m disputing anything, which I’m not. All I did was request the information I’m entitled to by law via the first letter. Second letter to follow next Monday.

The question I have is, do I respond to this reminding them that I’m not disputing anything, or just go ahead with my second letter, as planned?

Thank you very much in advance for your kind advice.

by Trishiapp28 Thu Nov 09, 2023 2:30 pm

I’ve sent them response that my Conditional Notice of Acceptance is not a dispute & that I’ve never had account with them nor was I , or am their customer.

by Trishiapp28 Sat Nov 25, 2023 3:06 pm

Good afternoon everyone.

I have now received this from Overdales. The question that I have is, do I need to respond to it ( I really do not wish to miss anything, but equally do not want to argue with them) or shall I ignore it & send my third notice as planned next Thursday.

Thank you very much in advance for your kind & selfless support

Attachments

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by Trishiapp28 Sat Nov 25, 2023 3:06 pm

Second upload.

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by **Lopsum** Sat Nov 25, 2023 6:26 pm

https://goodf.forumotion.com/t6285-template-response-re-the-noca-for-debt-purchasers#42705

by Trishiapp28 Sat Nov 25, 2023 6:39 pm

Thank you very much Lopsum, I appreciate your assistance. Having read the linked example letter, I can confirm mine is nowhere near that!

Ok, I will ignore this letter & continue with my third Notice next Thursday.

Thank you yet again.

by waylander62 Mon Nov 27, 2023 12:30 pm

Lol i have just read overdales response

they seem to be using template responses now Rolling Eyes

they did the same thing earlier this year to someone i was helping and just would not play ball and issued a claim Evil or Very Mad

so we defended and then sent a detailed part 18 request for information
they responded only partly to the part 18 request and tried to 'bully' the defendant into agreeing to pay if they removed all costs Laughing

we requested several times for them to complete the part 18 but they decided they didn't have to Shocked

so we submitted an unless order to the court with a written statement and evidence of their b*llshit , Judge called a hearing for the unless order overdales bailed out and discontinued soon after and paid some cost to the defendant lol!

keep going, keep your eye on the ball and keep all of your paperwork together

TBH though i haven't read the whole thread

by Trishiapp28 Mon Nov 27, 2023 3:11 pm

That’s interesting, thank you for your response Waylander, I appreciated it. Yes, I have every intention of fighting this. Have all paperwork organised and ready to defend in court, should it come to it.

I’m not deterred that they call themselves ‘solicitors’. Without proof , they can be god for all I care!

by Moonbabymum Wed Nov 29, 2023 12:59 pm

Trishiapp28 wrote:That’s interesting, thank you for your response Waylander, I appreciated it. Yes, I have every intention of fighting this. Have all paperwork organised and ready to defend in court, should it come to it.

I’m not deterred that they call themselves ‘solicitors’. Without proof , they can be god for all I care!

please always keep a copy

by **assassin** Sat Dec 02, 2023 6:56 pm

Couple of things under Commercial Law:

Incomplete paperwork means this has no voracity, followed by numerous High Court precedents stating this includes liability as unsigned documents are invalid as they are not accepting liability for their claim and only a PERSON can make and accept liability and a corporstion cannot as it is a dead entity.

An unrebutted claim stands as ludgement: so always rebut in writing.

Unsubstantiated clams have no merit or credibility.

by **Mrblue2015** Sat Dec 02, 2023 10:40 pm

assassin wrote: An unrebutted claim stands as judgement: so always rebut in writing.

Agreed with your entire post Assassin. And in relation to the above line, this is why I always added the following statement to every single one of my letters / notice: "I rebut and reject your claim".

by **Mrblue2015** Sat Dec 02, 2023 10:43 pm

Trishiapp28 wrote: I’m not deterred that they call themselves ‘solicitors’.

Good. Most of the time these 'solicitors' are glorified, in-house debt collection agencies (DCAs). I had one running around in circles for ages. Imagine the bill they racked up on behalf of their client, a debt purchaser (DP), only to end up with not so much as a single penny from me. Bloody fools!

by **daveiron** Sun Dec 03, 2023 2:40 am

I've had the same ,i think it was Mortimer Clark. I sent them something these lines;
https://goodf.forumotion.com/t5505-solicitors-debt-collectors

They did not comply ,so all their letters were returned unopened, after a couple of attempts they gave up.

by Trishiapp28 Sun Dec 03, 2023 10:36 am

Thank you all for your useful information, you are all so incredibly knowledgeable and I always learn new things on here.

by Moonbabymum Fri Dec 08, 2023 10:49 am

daveiron wrote:This is what i use ( i have a page full of stickers printed and ready to go)
without the opened in error

https://thepeopleslawyeruk.com/wp-content/uploads/Sample-RETURN-TO-SENDER.pdf

His site is well worth a look.

Yes I have used this site and stickers very good

by Moonbabymum Fri Dec 08, 2023 10:51 am

Trishiapp28 wrote:Dear all. I was wondering if I need to do anything about this… HSBC sent me a ‘ Final Demand’ for the alleged loan. They have offered me a discount of over £2000 if I repay it by 13th of June. They have received all the letters from me in timely manner with zero response/ acknowledgment. Thoughts?

Thank you very much

There offer for a discount is a trap I believe don't ever fall for it, I believe its admitting the alleged debt

by Trishiapp28 Fri Dec 22, 2023 12:50 pm

Dear all.

I have received this letter plus statement of account for the alleged debt. All I have received , as a way of proof of the alleged debt , is this plus copy of electorally signed agreement. None of their communication has been signed so it seems no living/ breathing entity is taking responsibility for their communication with me.

I have sent three notices to them already plus reminder that this is not a dispute.

The question I have is, should I respond to this or complete the process with the final notice right after Christmas, as planned. I just don’t want to miss anything and give them an opportunity in court for which I am already preparing myself.

Thank you very much, your support is very much appreciated.

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by Trishiapp28 Fri Dec 22, 2023 4:58 pm

Also, I hope my questions are not too frustrating ( it’s a learning process for me) but, does electronically signed agreement stand in court? After all, anyone can add my name to anything electronically.

Thank you in advance.

Oh yes, meant to add… I will not respond to the above letter apart from the fourth notice which will be sent right after Christmas.

Talking of Christmas… may I please take this opportunity to wish you all wonderful and restful holidays.

by Trishiapp28 Sat Dec 30, 2023 6:42 pm

Dear all.

I just wanted to post an update on Overdales. Received a letter stating that no further legal action will be taken on the account.

Thank you everyone for your kind support with them.

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