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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
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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

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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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