hsbc overdraft written off

scrimper88

Ok to cut a long story short we moved house in june and our daughter was born. She was very ill with a milk allergy and with all that was going on I totally forgot about chabging the address for my old hsbc account that I ahevnt used for a good 10 months. When I remembered about it last month I realised there was also an overdraft balance of £53 so I immediately called into brqnch to explain mysrlf and pay it off.
I was told the account had been closed due to inactivity and the debt passed to their collections team.

After no luck calling collections I went back into branch and sat down with someone who rang them himsrlf and told me it had been written off and they didnt wqnt the money. As far as they were concerned it had been refunded.

I asked for sonething in writting to say I no longer owed anything (as it is now showing as an ubsatisfied default) and he said he would ask collections to send me sonething.


I am petrified of gettong a ccj as this drfault has already ruined our mortgages chances for 6 years and I would hate to ruin then for even longer.

I am happy to pay thw money as it was a genuine mistake, which is why I went to ask to pay it.

Are they likely to issue a ccj even though theyvr told me I cant pay the money and they dont want it? If so what can I do to clear this up?
I can reqlly do without all this stresa aroubd our dqughters first xmas but I am losing sleep over it now

Thanks

scrimper88

P.s I am yet to recieve a letter from collections saying it has been written off

McKneff

I really wouldn't worry too much, you have at least a witness who can say that the collections agency told them that the debt has written the debt off. Could you get a letter from the bank confirming that they spoke to the agency. That is another avenue. With this, it wouldn't get to the CCJ state. I;m not an expert but it seems common sense. Im sure someone else will be along to clarify.


In the meantime, relax, enjoy your baby and have a happy Christmas.


x

scrimper88

It wasnt actually with an agency it was hsbcs bad debt twam or collections team.

I was under the impression defaults pretty much always went to ccj is left unpaid?

Like I said im mor than happy to pay it but theyve said I cant.... surely if they were going to try claim it back theyd of let me pay there and then inst3qd of the hastle of court etc?

FireWyrm

I'm sorry to disagree with McKneff but you need that letter. A 'witness' wont count for toffee when they go and sell this on to a debt collector who will harass you for the money. It is unlikely they will go for a CCJ, true, but a debt collector can still make a nuisance of themselves and you need a letter to produce which tells them where to get off....

My guess is that the bank havnt written this off at all...they've sold it on and the person you spoke to didnt have a clue what they are talking about. Get it in writing, urgently because this is just the start of the merry-go-round of incompetence you are about to face.

McKneff

I didn't mean just get the letter from the bank, I meant get the letter from the bank, just in case the other one doesn't turn up. At least you have something in defence.

scrimper88

If they have sokd it on I dont mind paying it. As iv already said it was an honnest mistake I forgot about and I have never tried avoiding paying it.

Can I just ask why you guys dont think it would go to a ccj please? Im nit too clued up on them to be honnest.


I gave drafted up a letter yo send to hsbc basically saying im happy to pay it and if I need to please send info on how to. And that if it has been written off thwn please send me some kidn of confirmation in writting.

However im unsure where I am best sending it?

FireWyrm

scrimper88 wrote: »

If they have sokd it on I dont mind paying it. As iv already said it was an honnest mistake I forgot about and I have never tried avoiding paying it.

Fair enough...but SOMEONE told you it was written off...go for that in writing first.

scrimper88 wrote: »

Can I just ask why you guys dont think it would go to a ccj please? Im nit too clued up on them to be honnest.

CCJs require a court, time and effort. For an outstanding debt of £50 it simply isnt worth it. It would cost more to get the CCJ and then they still have to pursue you for the debt.

scrimper88 wrote: »

I gave drafted up a letter yo send to hsbc basically saying im happy to pay it and if I need to please send info on how to. And that if it has been written off thwn please send me some kidn of confirmation in writting.

OK. I would have just asked for the 'written' version of what the person in the office told you in the first instance, but your way at least shows you have tried to seek to pay it. If it ever does go to court (unlikely), you have shown with one letter that you are not the one at fault here. Keep a copy of it along with the proof of postage as evidence to be used if necessary.

scrimper88 wrote: »

However im unsure where I am best sending it?

Complaints department of the bank...you can usually find an address somewhere. At least, it will get read and potentially passed on to the right department to deal with it.

McKneff

That's what I meant, but you put it far better than I did x

scrimper88

Ok il send a copy to the complaints dept and the collections maybe?
I cant belive iv got myself into this mess simply by forgetting to change my address but a poorly baby is far more inportant at the time I guess!

If it makes a difference I spike to 2 different people at metrapolitan who are hsbcs other collections company who said it never got pass to then but they checked hsbcs databases and both said it had been written off not charged off....

So thats three people who usrd the words written off. One of then said "its been written off so you dont need to worry about this account now"

Buzby

Er, written off by the creditor means zip. It still appears in your credit file regardless (as unsatisfied) and the term these days mean it has been sold on - so they have received a consideration for your debt (anything from 20-50%) depending on its quality, and these third parties then pursue you.

Showing them a letter it has been written off does not assist you rebuff their advances.