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Hi everyone
I've decided to start a new thread.
Just to recap I like many others have been trying to have my charges refunded. I've sent letters and they've all been ignored as per usual. My last batch of letters which were sent in November have been opened and returned back to me yesterday.
Anyway during the past 2 months HSBC have passed my account to the MCS office down the hall. I know they're a part of HSBC and it has taken me 10 months to be a member of the MCS Club. ( Now just DG to go)
I was just about to type Castlebests letter and amend it (as I didn't have enough money to put my claim in court )when I realized that HSBC haven't sent me a "we won you lost" letter. They have sent me letters threatening with the credit reference agencies and debt collection agency and we're doing this as you haven't contacted us ( which I have and they've returned my letters).
And now I'm getting the threatening MCS letters for the final demand. My overdraft is £1500 and due to charges added onto that it is £1822.38 the amount of charges I am claiming for is £511 ( when I started to get charges monthly I opened a parachute account so as not to get too deep within a vicious circle).
Shall I still send an amended Castlebest letter leaving out the first paragraph ?
Should I send letters to both Metro and HSBC
Thanks everyone
If your claim is not yet at court, then this is a dispute between you and HSBC at the moment ...... you have letters to prove that you have been disputing their charges .... therefore they should not be threatening you with CRAs until the dispute is settled .... you should write and tell them this and enclose copies of all your letters, which they appear to have ignored (you should point out ) ....
I would send this to their Complaints Department in Leeds , with a copy to MCS..... HSBC Bank Plc
Service Quality Team Arlington Business Centre Millshaw Park Lane Leeds LS11 0PP
No doubt you'll then get a "we won , you lost" letter.... ....if you're then intending to go to court and if we are stll awaiting a new(fireproof ) set of POCs , you can then send Pete's letter ....... that'll buy you some more time ..........
As you've been wise enough to have a parachute account, at least they won't be able to plunder your income ....
Nemo me impune lacessit
Advice & opinions given by johnnymitch 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.
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Thank you so much JM
I've just finished a letter to HSBC but I'll add the bit that it should be between me and them. I also wrote a letter aimed at both HSBC and MCS picking out points that they've made and the mistakes that are in the letters that they've sent me. I've edited Pete's letter leaving out all of the court stuff but to clarify that I still want my charges back. I'll send everything to both of them.
Thank you again
You're welcome shoegirl , and thanks for tipping my scales
Nemo me impune lacessit
Advice & opinions given by johnnymitch 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.
If you think I've helped you please feel free to tickle my star
Johny Mitch your so damn cool.... Just my two cents there... I need to open a parachute account right away!!!
Get it done ,Luke , or they'll have your money away !!
Nemo me impune lacessit
Advice & opinions given by johnnymitch 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.
If you think I've helped you please feel free to tickle my star
I received a reply from DG a few days later, saying that they are investigating the situation and my account will remain on hold for 4 weeks ( I haven't been able to use my account for 14 months) and that their client is investigating the situation.
MCS have kept quiet.
HSBC have fully investigated the situation, they apologized and tell me that my correspondences have not been ignored ( whatever). They go on to add that if an account is in dispute they do not withold any collections activity and that collections proceedings are instigated due to the overdrawn balance of the account. ( when my account was just below its limit I opened a parachute account because all of my tax credits had gone on charges and I hadn't used my account for 10 weeks prior to that and the amount over the limit is charges that they added). They go on that they sent a final demand and my whole account wasn't paid off ( yet they agreed that I was in financial hardship) and that my account was closed and passed to MCS.
My points about MCS and DG cannot be taken into consideration as they are " separate entities to HSBC and as such have their own complaints procedures" and to contact them separately ( which I have done).
My scanner is playing up but the main points that they've written is covered by this paragraph
I am currently working on my complaint to the fos. I'm trying to make it as ripped apart as I can so there's no hiding places for either of them.
Are they entitled to demand Full and final payment on account thats in dispute? Is there anything that I've missed in my last letter and anything that they are trying to bluff away.
Many thanks
shoegirl
[quote] They go on to add that if an account is in dispute they do not withold any collections activity and that collections proceedings are instigated due to the overdrawn balance of the account. [/quote]
They are admitting here that they ignore the law on collections whilst an account is 'IN DISPUTE' ........ that should be good if it comes to court! .
This is the criteria for accounts which are in dispute as they are well aware :
"A creditor is not permitted to take ANY action against an account whilst it remains in dispute and the following applies : * May not demand any payment on the account, nor are you obliged to offer any payment to them. * They may not add further interest or any charges to the account. * They may not pass the account to a third party. * May not register any information in respect of the account with any credit reference agency. * May not issue a default notice related to the account."
The fact that they have transgressed on more than one of these, especially as you were put into this situation by them adding charges to put you over the limit ..... would IMHO be indefensible in court ....
I would say you should go ahead with your complaint to fos ....because a court would want to know that you had exhasted all avenues without avail , before resorting to court action......
Thing is , it will take some time as FOS are up to their necks in complaints ... however , if you send FOS all your files to back up your complaint , I would send a letter to HSBC , tell them that this account should never have been passed to MCS* or DG.*... and you will only deal with them .... that your complaint has gone to FOS on xx xxx xx.
*(suddenly it would seem , when it suits ,their In-house monkeys have become separate entities, )
Then I think you can only wait for developments ..... personally I believe they won't go to court , but you'll have to wait for FOS to grind into action ......
Hope this gets you a little further along the road ,shoegirl ....
Nemo me impune lacessit
Advice & opinions given by johnnymitch 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.
If you think I've helped you please feel free to tickle my star
Of course MCS & DG being HSBC in house monkeys, remember on phone conversations with them at all ( be aware a chap called UdALL @ MCS - he is not to be believed.)
Also send a letter to DG and MCS. Tell them that it is in dispute and should not have been passed to them quoting the OFT regulations given by JM. Tell them that any further pursuit will be considered as Harassment under the Harassment act 1997.
HTH (Hope This Helps) RDM2006
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All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.
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Hi everyone,
Thank you JM, Mike770 and rdm2006 for your advice and sorry its taken me so long to thank you.
I have just finished going through all the letters between me and HSBC and have a month by month blow of the whole claiming charges and how I was treated. Its interesting when you have to be thorough going through their replies what you find. My account has been more "investigated" than the Iraq enquiry.
In the past year they have had 5 income/Expenditure / Statement forms from me. The harassment by telephone, they only apologized for the timing of the calls not the amount or heavy breathing calls. They said that they went through a I/E form with me on the phone in April. They actually called me in April to let me know they wouldn't be refunding my charges but that's it. In November 2009 they sent me the same letter that they sent me in March 2009.
One thing I've learned is that HSBC are terrible at dotting the i's and crossing the t's and when everything is set out simply it really shows. Just got to type and photocopy it all for a nice clear cut small file for the OFT. Hopefully they won't ignore it like my past attempt.
Hi everyone.
Just an update. I've sent my complaint to the fos and am awaiting a reply.
MCS moved my account to DG solicitors so I wrote to them that I've complained to the FOS and low and behold I have a letter ( well a photocopy letter?)from Central Debt Recovery Unit wanting Full and final payment and if I don't, I'll get a doorstep representative, a couple of days ago. Then today I've got another "letter" the reason I've put it in inverted comments is because its just another piece of paper with the PO box address, their phone numbers and the words in bold WE WILL BE CALLING YOU and to call them on the above numbers. It does say in tiny writing that CBRU is a trading style:-? of MCS ( because they're so successful). They haven't got a phone number for me and MCS have admitted that they haven't a phone number, so how are they going to call? All thats on the letter is : On Monday 03/05/10, Between 8am - 9pm." Does that mean that on Monday I'll have to wait with my phone for a "heavy" to appear so that I can call the police?
Also today I've received a load of paperwork from MCS. DG have obviously taken their hands of my dispute and passed it back down to MCS. In my letter to DG I wrote that my complaint to the FOS has highlighted all of the errors and backed them up with evidence through all of the written and recorded communications between me and HSBC/MCS and DG. The letter from MCS says " We do not accept that the bank have ignored your complaint" ( I mentioned nothing about being ignored?) Then they say " Matters will be held in abeyance for a period of 30 days to allow the provision of the reference given to you by FOS, and upon receipt your account will be placed on hold to allow adjudication" and then they tell me off for taking too long to complain to the FOS and I should have done it in June 2009:? ( that part was written with really bad grammer and spelling for a letter) . They've sent me really old style copies of letters that they say I've received ( I don't know why?).
My case is not in court so my dispute is with HSBC. Should I send photocopies of these letters to the FOS to update my case. I've got contradictory information from CBRU and MCS.
Thank you in advance for any info.
Why do they always do this before a bank holiday weekend?
Hi everyone.Hi Shoegirl !
Just an update. I've sent my complaint to the fos and am awaiting a reply.
MCS moved my account to DG solicitors so I wrote to them that I've complained to the FOS and low and behold I have a letter ( well a photocopy letter?)from Central Debt Recovery Unit wanting Full and final payment and if I don't, I'll get a doorstep representative, a couple of days ago. Then today I've got another "letter" the reason I've put it in inverted comments is because its just another piece of paper with the PO box address, their phone numbers and the words in bold WE WILL BE CALLING YOU and to call them on the above numbers. It does say in tiny writing that CBRU is a trading style:-? of MCS ( because they're so successful). They haven't got a phone number for me and MCS have admitted that they haven't a phone number, so how are they going to call? All thats on the letter is : On Monday 03/05/10, Between 8am - 9pm." Does that mean that on Monday I'll have to wait with my phone for a "heavy" to appear so that I can call the police?
Highly unlikely that they will call Shoegirl ..... they're just trying to unnerve you ....don't let 'em .... If you're in and they do turn up without a warrant , refuse them entry and tell them you're calling the police to remove them from your premises ...........If you're not in they won't catch you anyway ..... I wouldn't let them spoil my Bank holiday if I were you ....
Also today I've received a load of paperwork from MCS. DG have obviously taken their hands of my dispute and passed it back down to MCS. In my letter to DG I wrote that my complaint to the FOS has highlighted all of the errors and backed them up with evidence through all of the written and recorded communications between me and HSBC/MCS and DG. The letter from MCS says " We do not accept that the bank have ignored your complaint" ( I mentioned nothing about being ignored?) Then they say " Matters will be held in abeyance for a period of 30 days to allow the provision of the reference given to you by FOS, and upon receipt your account will be placed on hold to allow adjudication" and then they tell me off for taking too long to complain to the FOS and I should have done it in June 2009:? ( that part was written with really bad grammer and spelling for a letter) . They've sent me really old style copies of letters that they say I've received ( I don't know why?).
My case is not in court so my dispute is with HSBC. Should I send photocopies of these letters to the FOS to update my case. It would keep FOS up to date on what a pathetic bullying shower they are ....... when you send them , be sure to attach a covering letter asking Fos to link with your previous correspondence and ask them to take note that the bank is making these threats while the account is (by the bank's own admission ) 'In DISPUTE'....
I've got contradictory information from CBRU and MCS.
Thank you in advance for any info.
Why do they always do this before a bank holiday weekend?
To try to mess up your weekend .....sadistic b****rs ....don't let 'em ! Have a good week-end and forget about them Shoegirl ......
Nemo me impune lacessit
Advice & opinions given by johnnymitch 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.
If you think I've helped you please feel free to tickle my star
I think I've gone into auto pilot now with them. All updates I'll send to the fos. DG have taken their hands off it and passed it back to MCS which is funny and surprising. I think they've clicked that there has been so much trouble over such a small amount of money ( compared to others)that when it comes to b******ing time they can just use the excuse that the info they got from MCS was to get the overdraft back, even though all were notified.
Anyway enjoy the weekend everyone. Back to sticking up for ourselves on Tuesday.
I have noticed that in my letter from MCS they have tried to distance themselves from the " avoiding/ignoring" tact by claiming that because they have written to you they haven't ignored you. If you are complaining that they have constantly delayed/ignored your requests it is because they have NOT dealt with your issues/complaints/requests.
They have just REPLIED to your letters.
There is a difference between replying and answering.
hi everyone,
Well the fos ignored my complaint, they said that because it was over 6 months they cannot do anything. The thing is that in my complaint I did put down that I had sent previous complaints (2) to them and did not receive any replies which is why I took time to lay everything out for them in a step by step manner. I must admit that the 2 earlier complaints weren't sent using recorded delivery as I couldn't afford it. But they went through my files to highlight the date which would have made it by the 6 month deadline regarding this complaint( not including the 2 complaints sent to them).
I've received letters from CDR and written the usual "this account is in dispute" and they just kept ignoring me. I got so fed up that I sent them a letter stating that if they continue to disregard the law then I was going to start charging them for the letters.
As soon as they got the warning letter about charging them they sold my account to Wescot. So then it all started again, having to write letters that this account was in dispute with HSBC etc..
Wescot have acted the same as MCS/CDR ignoring everything I have sent them. they even sent a strange letter saying that they know that I am at the address which I have never implied that I wasn't.
Anyway they have carried on ignoring me and today I have received a letter from them telling me that they have made arrangements for a bailiff to come to the address!
I feel really lost and I don't know what to do.
Would it be appropriate to send the files to the Information Commissioner. If the FOS don't want to touch them (they are incredibly incriminating as everyone who deals with HSBC knows) who do I go to.
In The MCS Club!
.
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Originally Posted by powerplaymachine
) 
) Then they say " Matters will be held in abeyance for a period of 30 days to allow the provision of the reference given to you by FOS, and upon receipt your account will be placed on hold to allow adjudication" and then they tell me off for taking too long to complain to the FOS and I should have done it in June 2009:? ( that part was written with really bad grammer and spelling for a letter) . They've sent me really old style copies of letters that they say I've received ( I don't know why?).