Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
hsbc sold my loan while i was in complaint with them
I'm really worried now...
I asked HSBC for a copy of my loan contract with signatures , yet they could not provide me with my actual original signature, i wrote another letter statting it is not enforcable and they said they were looking into it.
I stopped paying the monthly loan because i didnt believe i should be and if/when i am successfull any monies that are payed are not redeamable. (hence the stopping monthly payments)
To my horror and out of the blue i recieve a letter from metropole recovery stating i have to pay the full 11k in full - i was not sure why they were contacting me regarding this situation as hsbc had been dealing with me on a month by month basis , were i call them and ask them if they have come to a conclusion on my argument/disagreement regarding the loan.
I called hsbc today and they told me they had no recolection of my loan on their books , only my overdraught, they also told me that they had sold my loan to metropole (without telling me , as i had missed payments).
Now i have metropole calling me daily asking for the money, its as if hsbc have ignored my complaints and original letter of complaint.
how can i deal with metropole? and why would they buy my loan knowing that there is no original paperwork signed?
im very worried about this , please advise me of how to move forward. Does my original complaint still stand about signatures in relation to the cca? they are calling me oday at 6pm.
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
Re: hsbc sold my loan while i was in complaint with them
Your Street
Town
City
Postcode
DATE HERE
Company Name
Road
Town
City / County
Postcode
Re: Harassment by telephone
ACCOUNT NUMBER: XXXXXXX
Dear Sirs
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)
I now require all further correspondence from your company to be made in writing only.
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)
Re: hsbc sold my loan while i was in complaint with them
well you need to start asking questions
where is the notice of assignment
default notice
agreement
statement of account
why has this account been sold while in dispute of your cca request they are prohibited from selling while in default and you dont recognise the legal authority of metrapolitan
send this also
Their address
date
Your reference................ .......
Legal notice under the Data Protection Act 1980
To; The Data controller/compliance Manager.................. .................
Dear Sir/Madam,
Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980
I demand that you cease processing of my Data by any means whether written or electronically,with third party individuals and
organisations.In addition to processing,this also means passing,ammending,sharing ,and management in any form of my Data in whatsoever filing,both manually or electronically.
In compliance with the Information Commissioners guidance,I give you 14 days to comply with this request.
The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.
Specifically because;
(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files,which relate to unfair charges currently in dispute,and found by the Office of Fair Trading to be unfair.You can also add other stuff here as is applicable and any or all of the following that apply (since you need to show reasons as to why continual processing will or is likely to cause distress harm or damage)
(ii)That recorded defaults on my credit files by yourselves are in dispute.
(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.
(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.
(iiii) That the adverse data you continue to process,manage and pass on to third parties impedes my ability to apply for credit,mortgages or other financial services.
(iiiii)That as a data controller/compliance officer,you have a responsibility under the Data protection act to observe all principles set out therein,within the act.
I expect an acknowledgement of your intentions to comply,and if you do not agree,your reasons for being unable or unwilling to do so.
I will give you 14 days to forward this to me in writing.
Under the Data Protection Act,a county court has the powers to order compliance of any breaches it sees fit,together with compensation,at the discretion of the court.
Should you fail to comply,or give just and reasonable reasons as to why you will not comply,I will consider making an application to my local Court on notice to force compliance,together with costs and compensation.
Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional
Re: hsbc sold my loan while i was in complaint with them
Lewis p
Xxx
Xxx
Metropolitan collection services
Xxxx
Xxx
Xx
Date xxxx
Your ref xxxx
Elevated complaints procedure
Dear sir/madam
I am writing you this letter to be dealt with by your own internal complaints procedure.
You contacted me on xyz with ref to an alleged debt with HSBC.
On contacting hsbc, I was informed that my account has been sold to your company.
On xyz, I made a formal request to hsbc for a copy of my agreement under s77 to s 79 of the consumer credit act.
Hsbc replied that they were unable to locate my agreement and I informed them that a state of default now exists between me and hsbc.
As you are no doubt aware a creditor is prohibited from any enforcement action while the default continues, that includes adding interest, charges, defaulting and selling the account to an outside party.
In relation to this matter and your legal obligations on this account I would require by return the following documents
1.A true copy of the original agreement
2.A true copy of the original default and termination notice
3.An up to date statement on this alleged account including all charges and interest applied, including dates these debits were applied.
4.A copy of the notice of assignment giving your company legal authority over this account
5.A copy or the recorded delivery track and trace number to comply with service as to the law of property act 1925
Enclosed is an s10 data protection act notice informing you to cease processing my data if you are unable to comply with my request.
Yours sincerely
Xxxx
Their address
date
Your reference................ .......
Legal notice under the Data Protection Act 1980
To; The Data controller/compliance Manager METRAPOLITAN COLLECTION SERVICES
Dear Sir/Madam,
Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980
I demand that you cease processing of my Data by any means whether written or electronically, with third party individuals and
organisations. In addition to processing, this also means passing, ammending, sharing ,and management in any form of my Data in whatsoever filing, both manually or electronically.
In compliance with the Information Commissioners guidance, I give you 14 days to comply with this request.
The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.
Specifically because;
(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files, which relate to unfair charges currently in dispute ,and found by the Office of Fair Trading to be unfair.
(ii)That recorded defaults on my credit files by yourselves are in dispute.
(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.
(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.
(iiii) That the adverse data you continue to process, manage and pass on to third parties impedes my ability to apply for credit, mortgages or other financial services.
(iiiii)That as a data controller/compliance officer, you have a responsibility under the Data protection act to observe all principles set out therein, within the act.
I expect an acknowledgement of your intentions to comply,and if you do not agree, your reasons for being unable or unwilling to do so.
I will give you 14 days to forward this to me in writing.
Under the Data Protection Act, a county court has the powers to order compliance of any breaches it sees fit, together with compensation, at the discretion of the court.
Should you fail to comply, or give just and reasonable reasons as to why you will not comply, I will consider making an application to my local Court on notice to force compliance,together with costs and compensation.
Yours Faithfully
XXXXXXXXXXX
TELEPHONE HARRASMENT
Your Street
Town
City
Postcode
DATE HERE
Company Name
Road
Town
City / County
Postcode
Re: Harassment by telephone
ACCOUNT NUMBER: XXXXXXX
Dear Sirs
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. I now require all further correspondence from your company to be made in writing only.
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from your company will be recorded.
Yours faithfully,
SEND THAT LOT TO METRAPOLITAN BY RECORDED DELIVERY