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HSBC debt suddenly resurfaced...

Looking for some advice.

In 2007 I had an overdraft and a loan with HSBC. Outstanding on loan was 3000 and overdraft was also 3000. They both defaulted in late 2007 / Early 2008. One ended up as a ccj (not sure which!) both were bought by debt collection companies.. Which chased me on and off for 6 years. The ccj one at one point had a warrant for possession which I dealt with by making regular payments.
Both offered me settlements previously and now one appears to be registered on my property.

Anyway fast forward 6 years and the defaults have been removed and also the ccj.

I've now received a letter from HSBC informing me I must contact them within 48 hours of receiving said letter to prevent possible legal action..

I'm happy to deal with it and make monthly payments but I'm desperate not to have it back on my file and effecting my credit for another 6 years

I don't want to make contact and make it worse so after advice first

Thank you

Comments

  • sourcrates
    sourcrates Posts: 31,833 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Hi,
    You don't need to adhere to there time frame firstly, I would send them this letter :


    https://forums.moneysavingexpert.com/discussion/2607247


    then the onus is on them to fully explain which debt they are chasing you for, armed with that knowledge you can then proceed with a course of action.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    It shouldn't go back on your file.

    I would give national debtline a call to see what action they advise.
    :beer:
  • lilylaren
    lilylaren Posts: 33 Forumite
    Thank you, will send that letter.

    Am i right in thinking if it is the account that they did not obtain a ccj for then they could effectivly apply for one now and if registered would start the whole 6 years again?

    If they go down the court route how much notice would i get and am i right in thinking that if i paid it within a certain time of either papers being recieved or judgement being issued that it would not stay on my file?
  • Tixy
    Tixy Posts: 31,455 Forumite
    Am i right in thinking if it is the account that they did not obtain a ccj for then they could effectivly apply for one now and if registered would start the whole 6 years again?

    Yes they could apply for a CCJ for the one that hasn't been to court.
    Have you been making payments towards both debts? or only the one that already has a CCJ?

    If they successfully obtained a CCJ and if you paid within a month of the judgement then it would not be recorded on your credit file or the register of CCJs.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • lilylaren
    lilylaren Posts: 33 Forumite
    had another letter before I had a chance to deal with the first!

    so it appeardls according to new letter which had a lot more info on (why not send that one first!?) that this is about the current account debt only.
    the letter has a county court claim number on it so I assume this means its the one that I got a ccj for in mar h 2008? the letter goes on to say they have the debt registered on the propwrty I own. and that if I dont contact them to arrange payment then they will take further enforcement action.

    I wanted to contact them with an offer of settlement does anyone know if they would be likely to accept this with it being granted a ccj and it being registered on my property?

    if we can not agree a settlement can they take me back to court? I have no issue making a monthly arramgement but want to do everything in my power to stop this going back on my credit file!


    also on a side note I also had a loan with hsbc that defaulted on same date end 2007. I was bever takem to court for this debt and actually assumed it was the one secured on my property. it must be at least 6 years now since I acknowledged this debt or close to it so assuming it will become statue barred very soon.
    opening up communication with hsbc regarding this overdraft debt cant interfere with his can it?
  • double_mummy
    double_mummy Posts: 3,989 Forumite
    1,000 Posts Combo Breaker
    the probably wont settle as they can get the total amount from your property

    might be worth paying off a lump sum then a monthly repayment plan for the rest
    The only people I have to answer to are my beautiful babies aged 8 and 5
  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    They are separate debts. Depends how you worded the letters you sent I guess.
    :beer:
  • lilylaren
    lilylaren Posts: 33 Forumite
    thanks for replies. I haven't replied at all. I wanted to phone but was worried they would say oh and u also have his accou t and that woukd stop it from becoming statue barred?

    I doubt they will show much in the other debt they havemt for at least 5.5 years!

    id be quite happy to leave it there owing till I sell property but obvs they seem keen to collect now!

    if and when I settle (in full or agreed amount) how do I go about protecting myself and making sure it comes off as registered charge?
  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    Phone calls do not legally acknowledge the debt. Neither do emails. Only letters.

    Not sure about the charge. Maybe call national debtline?
    :beer:
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