Intrum Letter before Action 23 February 2019 at 2:09PM in Debt-free wannabe 4 replies 1.3K views

pictor

Hi,

Hope someone can offer some advice.

Back in 2015 I received some letters from First Credit regarding an alleged debt they had purchased from HSBC, I was not aware of the debt so asked them to provide some details/proof of debt, I never heard anything further.

Fast forward to a couple of weeks ago and I get a letter before action in the post from a solicitors firm regarding the same debt so I sent the form back requesting the documents advised on this site and referencing my previous request from back in 2015.

Today I receive a reply back that the account they are claiming on is in fact made up of two separate overdrafts with HSBC and all they have supplied is some statement print outs from the mentioned accounts and have advised that they don't need to provide any other documents or proof as it's not covered by the CCA.

The accounts seem to date from 2004 and appear to have defaulted in 2013 .

What can I do next, can they really take me to court and win with nothing but these computer print outs as they claim?

Thanks for any help.

sourcrates

Hi,


First question to you has to be, is it your debt, yes or no ?

LeeUK

I had similar with 1st Credit years ago too. I knew the account was statute barred and wasn't on my credit files but they sent me practically a ream of statement print offs as some sort of proof of the debt. Funny thing was that the statements actually showed that it was statute barred as they showed the account as closed 8 years prior.

John_G_Jones

pictor wrote: »

Hi,

Hope someone can offer some advice.

Back in 2015 I received some letters from First Credit regarding an alleged debt they had purchased from HSBC, I was not aware of the debt so asked them to provide some details/proof of debt, I never heard anything further.

Fast forward to a couple of weeks ago and I get a letter before action in the post from a solicitors firm regarding the same debt so I sent the form back requesting the documents advised on this site and referencing my previous request from back in 2015.

Today I receive a reply back that the account they are claiming on is in fact made up of two separate overdrafts with HSBC and all they have supplied is some statement print outs from the mentioned accounts and have advised that they don't need to provide any other documents or proof as it's not covered by the CCA.

The accounts seem to date from 2004 and appear to have defaulted in 2013 .

What can I do next, can they really take me to court and win with nothing but these computer print outs as they claim?

Thanks for any help.

You strangely seem to have left out the rather important point of whether you did have these overdrafts and failed to pay them off.

Did you?

fatbelly

pictor wrote: »

Hi,

Hope someone can offer some advice.

Back in 2015 I received some letters from First Credit regarding an alleged debt they had purchased from HSBC, I was not aware of the debt so asked them to provide some details/proof of debt, I never heard anything further.

Fast forward to a couple of weeks ago and I get a letter before action in the post from a solicitors firm regarding the same debt so I sent the form back requesting the documents advised on this site and referencing my previous request from back in 2015.

Today I receive a reply back that the account they are claiming on is in fact made up of two separate overdrafts with HSBC and all they have supplied is some statement print outs from the mentioned accounts and have advised that they don't need to provide any other documents or proof as it's not covered by the CCA.

The accounts seem to date from 2004 and appear to have defaulted in 2013 .

What can I do next, can they really take me to court and win with nothing but these computer print outs as they claim?

Thanks for any help.

The actual date of default (actually termination of the account) is critical here. It sounds like you have neither acknowledged the debt in writing nor made a payment to it since probably prior to 2013.

It can take banks a long time to close abandoned accounts as while they are still within their overdraft limit they are left alone. Eventually some long forgotten direct debit or monthly charge takes them over the limit and by that time the bank has lost track of where you are.

They can certainly start a court claim if they are within six years of the termination date. If they do then I would suggest acknowledging service and heading over to

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim?105-Received-a-Court-Claim=