Metropolitan Collection Services - Action on a stayed claim

[johnny131070]

Thanks guys, the cc debt was paid in full so i will try and get the ccj set aside for the current account and tell them to whistle!!! Cheers for the advice.

[Castlebest]

Good luck johnny and keep us posted

 

pete

[johnny131070]

Got a court hearing date for the 10th july 11am. A little worried as not been to court before. I sent the n244 as advised. What do i need to take to court and what can i expect?

[johnny131070]

Little bump.

[johnnymitch]

Hi johnny ,

 

Have a look at this thread - round about #135 onward - it may give you some pointers, bearing in mind it's from a defendant's point of view rather than a claimant's............

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/130503-court-tomorrow-set-aside.html

Edited July 1, 2008 by johnnymitch

[johnnymitch]

Sorry , johnny - please note the # change

[Castlebest]

Hiya Johnny don't be intimidated by the experience I have been into court about 4 times now and I'm getting to quite enjoy it .

 

Take proof of your own stayed court case for recovery of the penalty charges and details of whats left of the debt that the CCJ was placed against.

 

Tell the judge you have come to realise the original debt was made up of charges that you believe are unlawful and you are now trying to recover and you think the CCJ should be set aside and both claims joined together and stayed pending the outcome of the test case or both go forward to a court hearing.

 

That will stop them from using the CCJ against you or force them into a court room (don't worry the judge and the bank wont want the hearing option don't tell them you don't either ).

 

and have fun

 

pete

[johnny131070]

Thanks for the support. Will let you know how i get on!

[johnnymitch]

Please do - it adds to our knowledge of the subject to hear someone else's experience ........

 

Best of Luck

from one johnny to another ......

[johnnymitch]

Oops! sorry pete :o I forgot this was your thread.....

[Castlebest]

not a problem Johnny I've been trying to give you one but it tells me I have to spread it about :o

[johnnymitch]

Aw, thanks pete - Spread it then, - spread it!!!!!!

[raz]

do you have any idea what there telephone number is? i tried to find it everywhere but couldnt find it.

 

thank you

[johnnymitch]

Contact Details (MCS)

 

Freephone: 0500 99 22 99

International: 00 44 121 455 2375

Registered Address:

56 St. James Road

Edgbaston

Birmingham

B15 1JL

Registration Number: 1475006

 

There you go raz....... same address as HSBC Surprise,surprise......

If the freephone number doesn't work - I think the number (judging from the international one ) would be : 0121-455-2375 -it is -I've just tried it!LOL!

Edited July 10, 2008 by johnnymitch

[johnnymitch]

BH - I'm going senile pete, I forgot it was already on your thread - DOH!:o

 

As a matter of interest I got this from slickwilly on the Barclays site - have you seen it........ and is it worth broadcasting on a sticky do you think........?

(http://news.bbc.co.uk/1/hi/business/7498178.stm)

[Castlebest]

I think most of us knew there was a hearing for historical terms and conditions. I think we should wait for HH Justice Smith to announce his verdict before we say anything

 

pete

[johnnymitch]

Yep! You're probably right pete -just seems to take forever , doesn't it ?

[Messydesk]

We were declared bankrupt in June but HSBC recently instructed MCS to collect the debt which formed part of the bankruptcy. The Official receiver wrote to MCS and reminded them of the legal situation. Their response was to send the bailiffs to try and collect my (Motability) car. I have to say that I am worried about their next move - even though they have no legal right to pursue this debt. We have a complaint in to the FSO but it may well be many weeks before they get round to dealing with it. I am thinking of going to the media - does anyone have any experience of this>

[Castlebest]

Hiya Messy, what Metro are doing to you defiantly constitutes harassment, if they arrive on your doorstep again contact the police and ask for them to be removed, they have no legal backing for continuing to progress the collection of a debt that formed a part of a bankruptcy.

 

pete

[johnnymitch]

Geez, they're getting worse pete , if that's possible

 

This is not a normal DCA , but part of a major bank's collection service . Ignorance of the law is no excuse for them, they work from the same building as the bank's solicitors, for goodness sake !

 

That's good advice from pete ,Messy - don't take any nonsense from them , they can't have a warrant to collect on this ... set the law on them .

Edited November 21, 2008 by johnnymitch
missed a word! LOL!

[Messydesk]

They do know they cant take my car becasue it is a Motability car - and in any case it is my husband who is actually bankrupt not me. However, the nearest Police Station is 12 miles away and ofc ourse by the time you have rung the Police and they have actually arrived the bailiffs have gone. I am not to bad at handling these people but I despair for those people who are unable to cope with this intimidation. I really am feeling that I should see if I can interest the media in this but as an ex-journalist I know that any newspaper running this would want some other stories to back mine up - any volunteers?

[Castlebest]

There is a bank charges in the media section here, you could try starting a thread asking for peoples experiences there

 

pete

[Messydesk]

Oh Hell - I was just about to write as you did to MCS - our debt is part of a bankruptcy and what happens but they telephone and give us 24 hours to pay. My husband is bankrupt but it appears that he made his daughter a partner in the business that went bust and she is now liable for the whole debt. She is blaming us and expecting us to pay - and her husband is extremely threatening. My husband now say that the only person who can make an agreement to pay is me - because I am not bankrupt and dont have a threatening husband - but why the hell should I? The debt is supposedly stayed whilst HSBC sorts out whether the daughter is liable or not - and meantime Im getting all the flak. Excuse the outburst but I am completely ****ed off with the whole thing.

[steven4064]

What sort of business was it - a partnership or limited company?

[Messydesk]

Inland revenue and the Offical receiver were happy that it was a sole trader but HSBC say that becasue a loan form was signed it both names, it constituted a partnership. In fact daughter signed this form because she though as a signatory she had to. She had no idea at the time that this would make her liable for the debt. I complained on their behalf to HSBC when they first came after her that they should have made the terms and condtions clear but they denied any responsibilty for this. Currently, HSBC had told us that they were staying any collection action whist they investigated the complaint but clearly they have not bothered to do so. The pressure from the family on me to sort this out in huge (and of course completely unfair but what can I do).