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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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HSBC _ Metropolitan collection services


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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
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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

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  • 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.

 

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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

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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.

 

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  • 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.

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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

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  • 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.

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  • 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.

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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

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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.

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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

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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!!!

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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!

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  • 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

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