HSBC advice please.

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?

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.

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.

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.

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 ?

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

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

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.

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

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.

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.

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.

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.

Dear all.

Quick update and some advice needed, please.

So, just received “ Letter of Claim” from Overdales along with a reply form, letter is dated 10th of July. They are giving me 30 days to respond “ to prevent legal action”

With that being said, I intend to respond by ticking the box D “ I dispute the debt” It also asks for supporting documents why I am disputing this claim. The question I have is, do I send copy of all of my requests including four notices, or can I summarise everything because they will have copies of all of my correspondence anyway?

What are your thoughts?

Thank you in advance for your support.

If its a Letter before Claim then they are still trying to get you to panic. No court action yet.

If there is an Income and Expenditure form dont fill that in. Your finances are non of their business.

If you have completed the three letter process, then Overdales have seen all the requests you have made so I wouldnt send copies to them.

As you say, complete the "I dispute the debt" section stating the reason is that you have given their client (Lowell) the opourtunity to substatiate there claim, and as yet they have failed to do so. You require further documentation as proof of claim relating to the alleged debt.



No Fear

Thank you Miss Kermit, I appreciate your response, advice and confirmation of what I thought. Presumably they will have to send me proper notice before they file with court, right?

Yes, I had zero intention on filling ‘in monthly expenses’ form, non of their business where my hard earned cash goes to. As planned, will tick the “dispute debt” box along with further documents/ information required with short paragraph reminding them of their past failures to comply with my requests.

Thank you again.

Also,
It’s letter of claim, not before claim.

If they do take it to court, you will receive a Claim pack through the post from (most likely Northampton County Court.

I have had 3 and defended all three with success. Its easy to file a defence online. My latest was:

"It is my understanding that MARLIN EUROPE V LIMITED and Cabot
Financial are the same company. The claimants solicitors (Mortimer
Clarke Solicitors) have stated that both the above own the alleged
debt named in the Particulars of Claim.

Due to contradictory statements made by Cabot Financial, I raised
a dispute regarding the alleged debt on XXXXXXX.
I stated that I was happy to effect payment on any debt lawfully
owed by me on the condition that they provide me with
documentation to verify the obligation. I have since requested
proof of claim on four other occations, all of which have been
ignored.

On XXXXXXX I received what I believe was a Pre Court
Action letter from the claimants solicitors Mortimer Clarke.
I again asked for further doumentation regarding proof of claim.
Mortimer Clarke acknowleged my request on XXXXXXXX but
stated "our cliant considers it has no statutory obligation to
provide you with further documentation". The account was put on
hold.

On XXXXXX and XXXXX I again received letters
from Mortimer Clarke Solicitors saying that their client would
like to settle matters without the need for further court action.
I have received no other correspondence since.

Due to the length of time the account has been in dispute and the
reluctance of the claimant to provide proof of claim, I ask if the
courts would stay precedings.

I have written again to both the claimant and their solicitors to
try and resolve this issue without the need for court action."



After the court sent my defence to Mortimer Clarke, I received a letter from them saying that they had passed the account back to their client. A few weeks later I received a letter from Cabot saying that the account had been closed


Hopefully you wont get to that stage but this gives you an idea off what to expect if it does.


No Fear

I had one of these recently but due to being in hospital I didn’t get to see it until too late to respond.
Overdealous decided to keep going and issued a claim through the court system.
I was baffled as to how to fight hard as I have no prior knowledge of what to do. Thanks to some fantastic people on this site and their expertise, I feel so much more empowered.
You are positive, asking the right questions and I am sure our friends on here will continue to support you going forward.
Keep us posted on any developments and best wishes. BB

Thank you Biggiebest, it sounds like the kind people on here have helped you enormously, they really are a very special bunch of folk.

I will definitely keep updating , although I suspect they will file to court because they are greedy, even though the amount is just over 1K!

Trishiapp,

Keep an eye out on the FCA as Lowell’s have filed a request to leave. When they are no longer regulated it may well change the game play.
The request was in March this year but I believe they are still registered as of today.
If anyone knows how long a resignation takes to become accepted it would be worth noting.

Interesting, didn’t know that. Thank you for sharing. Does that mean that, once they are no longer regulated, they will become even greater cowboys?

Their game play is hardball and they expect many to fold and pay. The decision to leave the FCA must be so they can be even more of a nuisance using underhand tactics.
They are not as clever as they think. In my own case, they have made some silly errors and I will take great delight in pointing them out to the Judge.
A terrific member on this site has pointed out several issues and has taught me so much. I am not there yet but certainly willing to give them hell ( that’s if they even bother to turn up). They think they will automatically get judgement in their favour.

you have just received a letter of claim dated 10th july and it is now 7th august !!!

i make it you have 2/3 days left to reply !? typical overdales if this is true

have you had a satisfactory response from lowell in respect of your DSAR ?

Good morning Waylander.

I’m sorry, it was my typo, letter is dated 30th of July, not the 10th.

No, I never received anything back from my DSAR apart from confirmation letter that they passed my request onto relevant department. I reported them to ICO and informed them of it. Not heard anything from ICO either.

Thank you.