Jump to content


  • Tweets

  • Posts

    • Peter McCormack says he has secured a 15-year lease on the club's Bedford ground.View the full article
    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me (as trustee and leaseholder) with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

HSBC _ Metropolitan collection services


blackmanfamily
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4652 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all

need some help here

have done SAR, got statements, asked nicely for money back... was going to use it to clear my overdraft, the bulk of which is covered by the charges. Got a nasty letter from HSBC collections

Wrote to them and said account was in dispute, please cease from any further action until the account issues are resolved

and guess what they have passed the debt to a collection agency

is this lawfull?

what can i do to chase the debt agency away?

can i complain about hsbc

 

any ideas???

:p
Link to post
Share on other sites

Hi,

 

I'm no expert, but there are a few people who might be along shortly can put you right. It is my understanding that once a debt is in dispute, nothing can be done with it until the dispute is resolved.

 

Cheers,

Lee

Link to post
Share on other sites

  • 9 months later...

I have a strange feeling that the account is not in dispute until you file a claim through the court. I maybe wrong about that though. Have you filed a claim with your court yet?

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

Metro are a wholly owned subsidiary of HSBC in other words its just HSBC's debt collection department.

Like all debt collection companies all they care about is getting money off you and they can be pretty heavy handed doing it. Just keep replying to any letters they send confirming that the debt is in dispute and they should refer the matter back to HSBC.

If they phone you (and they will try this) tell them you don't discuss financial matters over the phone and put all of their questions it in writing, it worth noting they are not allowed to talk to you if you don't answer their security questions so don't answer them :)

 

The balance of your account (the debt) is in dispute as soon as you ask for your charges back however they could try to argue this point if you haven't started litigation.

 

Have a look at post #213, #314 and #319 on my thread if you want some ideas about what to put in letters.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85633-castelbest-ii-return-claims.html

 

good luck :)

 

pete

  • Haha 1
Link to post
Share on other sites

As it is a bit quiet on here at the moment I have done a little bit of researching into when an account becomes in dispute. Here is a post from a site helper to someone who asked a few questions regarding this matter.

 

 

 

Q1. At what point does a queery about a debt formally become a dispute?

 

A: When you dispute the amount owed, whether this be partially or in it's entirety, and have presented the dispute in writing.

 

 

 

Q2. What is not allowed while a debt is in dispute?

 

A: The creditor is not lawfully allowed to take any action against an account while it is in dispute.

 

 

 

Q3. Who ultimatly do you complain to if the creditor is ignoring the protocol while a debt is in dispute?

 

A: The creditor themselves, Trading Standards, the OFT and the FOS.

 

 

 

Q4. Two of the CRA's show defaults on my report, these are now over four and a half years old, the third CRA, Equifax, does not show these defaults and looks ok, Any ideas as to why they dont appear on the Equifax report?

 

A: Different companies use different CRA's. Equifax and Experian don't share info on defaults.

 

 

 

Q5. If a default stays on your credit file for six years, what happens if after the six years you are still paying it back, its still not settled?

 

A: It doesn't appear on your credit file, so doesn't affect your credit rating.

 

I hope this helps

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

  • 6 months later...

ok so where do people that have never banked with HSBC in any way shape or form stand with regards to this collection agency calling them? I've never had an account with HSBC but I have been receiving calls from this collection agency today. Can anyone give me some clue as to how I can stop them calling me as I have no outstanding debt with these people.

Link to post
Share on other sites

Hiya spice have they said why they are calling you? I've never known Metro work for any other bank or financial body so unless they are branching out it will be to do with HSBC.

 

If they phone again see if you can get some more detail off them.

 

pete

Link to post
Share on other sites

  • 4 months later...

I live in Slovakia and have asked a friend in the UK to send two recorded delivery letters to their address in Edgbaston Rd, Birmingham as I had to answer two letters from them where there were inaccuracies.

 

I wrote in May and August, 2nd class recorded delivery.

Neither letters are confirmed as having been received on the royal mail website.

 

It's not unknown for me to send recorded delivery letters for them to be received but not to come up on the royal mail website.

 

However, it's a little strange that BOTH recorded delivery letters have not registered.

Link to post
Share on other sites

  • 4 weeks later...
  • 1 month later...

We are bankrupt and one of the debts was to HSBC. Despite being told by the Official receiver to leave us alone Metropolitan Collections have continued to hound us. If it is illegal to hound someone who is bankrupt how to HSBC get away with it. We have put in a complaint to the FSO but it is taking forever to be dealt with.

Link to post
Share on other sites

I'm assuming Metro are phoning you, start logging the calls you receive and tell them you are doing this, date, time and the name of the person who is calling you.

 

They shouldn't discuss anything with you until you have answered their security questions so refuse to do this and tell them you don't discuss financial matters over the phone and to write to you instead.

 

Have you spoken to the FOS? told them you are being harassed by Metro?

 

pete

Link to post
Share on other sites

Hi! Yes, we have forwarded the threatening letters to the FSO but their complaints apparently have to be delat with in strict order. We are logging the calls but have yet to presuade someone to give us their name. They told us today that they would be applying for a charging order on this house. The thing is that it is my house and it my husband and his business thatg went bakrupt. I was not involved - but just try tellin g them that!! I have written to them again and told them that again and told them that if they do take us to court against the advice of the Official receiver then I will be expecting to get costs. The OR thinks this might stop them but Im not so sure.

Link to post
Share on other sites

I'm a bit rusty on bankruptcy but from memory, once an official receiver has been appointed all creditors must deal with him regarding outstanding debts. This is designed to protect the assets of the person who has gone into insolvency and ensure a fair distribution amongst all of the outstanding creditors.

 

I would be inclined to write to metropolitan in your husbands name stating that you are in no position to discus financial matters with them and refer them to the official receiver for all further correspondence.

 

Confirm you will not respond to any further communication and you will be reporting them to the FSA for their harassment to date and to the police if they continue the harassment.

 

Here's some information on harassment for you;

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

And here's an example of the kind of tone of letter I used with Metro :rolleyes:;

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/125577-metropolitan-collection-services-action.html

 

Keep us posted how your getting on or just shout if you need to know anything else :).

 

pete

Link to post
Share on other sites

Thanks for the info. We had another eight calls yesterday evening and four more thismorning starting at 8am. I have learned (from the Police) that Trading Standards admister the Adminstration of Justice Act , section 40 and so have put in a formal complaint to them - although they tell me that they cant deal with every breach of the act!!! Does that mean that the banks and so on are doing this so much that Trading Standards are overwhelmed? Do you know what - even though this whole thing is a nightmare it great to have found a site where people actually know what you are going through and can actually give you practical help. Brilliant!!!

Link to post
Share on other sites

I have just spoken directly to my local Trading Standards department - rather than going through Consumer Direct. They have asked me to get my case together and they will consider prosecution Yes!!!! This means that the court could look at whther or not HSBC is fit to hold a credit licence. Watch this space!

Link to post
Share on other sites

  • 1 month later...

hi all my first time on so am rather rusty but realy need some good advice.i had a large personal loan with hsbc of 13k that was passed on to metro collection service due to yet another change in my circumstances i have now missed the last 3 months instalments to them can anyone tell me what actions they will now take as i have received no letter regarding this.can you tell me if they can make an attachment of earnings with out telling me. many thanks

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...