Jump to content


  • Tweets

  • Posts

    • My understanding is that they won't provide the name to me whether the investigation is Live or Closed, & I have no legal rep as I didn't have P.I. Cover on my policy, & am intending to claim using OIC.org.uk, but remain completely stuck as they 100% cannot open a claim on the portal without both the Reg. No. & Name of the other driver.  
    • thanks again ftmdave, your words are verey encouraging and i do appreciate them. i have taken about 2 hours to think of a letter to write to the ceo...i will paste it below...also how would i address a ceo? do i just put his name? or put dear sir? do you think its ok?  i would appreciate feedback/input from anybody if anything needs to be added/taken away, removed if incorrect etc. i am writing it on behalf of my friend..she is the named driver  - im the one with the blue badge and owner of the car - just for clarification. thanks in adavance to everyone.       My friend and I are both disabled and have been a victim of disability discrimination on the part of your agents.   I have been incorrectly 'charged' by your agent 'excel parking' for overstaying in your car park, but there was no overstay. The letter I recieved said the duration of stay was 15 minutes but there is a 10 minute grace period and also 5 minutes consideration time, hence there was no duration of stay of 15 minutes.   I would like to take this oppertunity to clarify what happend at your Gravesend store. We are struggling finacially due to the 'cost of living crisis' and not being able to work because we are both disabled, we was attracted to your store for the 10 items for £10 offer. I suffer dyslexia and depression and my friend who I take shopping has a mobility disability. We went to buy some shopping at your Gravesend branch of Iceland on 28th of December 2023, we entered your car park, tried to read and understand the parking signs and realised we had to pay for parking. We then realised we didnt have any change for the parking machine so went back to look for coins in the car and when we couldnt find any we left. As my friend has mobility issues it takes some time for me to help him out of the car, as you probably understand this takes more time than it would a normal able bodied person. As I suffer dyslexia I am sure you'll agree that it took me more time than a normal person to read and understand the large amount of information at the pay & display machine. After this, it took more time than an able bodied person to leave the car park especially as I have to help my friend on his crutches etc get back into the car due to his mobility disability. All this took us 15 minutes.   I was the driver of my friends car and he has a blue badge. He then received a 'notice to keeper' for a 'failure to purchase a parking tariff'. On the letter it asked to name the driver if you wasnt the driver at the time, so as he wasnt the driver he named me. I appealed the charge and told them we are disabled and explained the situation as above. The appeal was denied, and even more so was totally ignored regarding our disabilities and that we take longer than an able bodied person to access the car and read the signs and understand them. As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us. I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge.     After being discriminated by your agent my friend decided to contact 'iceland customer care team' on my behalf and again explained the situation and also sent photos of his disabled blue badge and proof of disability. He asked the care team to cancel the charge as ultimately its Iceland's land/property and you have the power over excel parking to cancel it. Again we was met with no mention or consideration for our disability and no direct response regarding the cancellation, all we was told was to contact excel parking. He has replied over 20 times to try to get the 'care team' to understand and cancel this but its pointless as we are just ignored every time. I believe that Ignoring our disability is discrimination which is why I am now contacting you.     I have noticed on your website that you are 'acting' to ease the 'cost of living crisis' : https://about.iceland.co.uk/2022/04/05/iceland-acts-to-ease-the-cost-of-living-crisis/   If you really are commited to helping people in this time of crisis ..and especially two struggling disabled people, can you please cancel this charge as it will only cause more damage to our mental health if you do not.  
    • I've also been in touch via the online portal to the Police's GDPR team, to request the name of the other Driver. Got this response:   Dear Mr. ---------   Our Ref: ----------   Thank you for your request which has been forwarded to the Data Protection Team for consideration.   The data you are requesting is third party, we would not give this information directly to you.   Your solicitor or legal team acting on our behalf would approach us directly with your signed (wet) consent allowing us to consider the request further.   I note the investigation is showing as ‘live’ at this time, we would not considered sharing data for suggested injury until the investigation has been closed.   If you wish to pursue a claim once the investigation has been closed please signpost your legal team to [email protected]   Kind regards   ----------------- Data Protection Assistant    
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • Hi everyone, Apologies for bringing up the same topic regarding these individuals. I wish I had found this forum earlier, as I've seen very similar cases. However, I need your help in figuring out what to do next because we've involved our partners/resellers. I work as an IT Manager in a company outside of the UK. We acquired a license from a certified reseller (along with a support agreement) and also obtained training sessions from them. The issue arose when we needed to register two people for the training sessions, so we used an external laptop for the second user to keep up with the sessions for only a month. During this period, the laptop was solely used for the training sessions. After two weeks, my boss forwarded an email to me from Ms Vinces, stating that we are using illicit software from SolidWorks. Since this has never happened to me or anyone we know, I went into panic mode and had a meeting with her. During the meeting, we explained that we were using an external laptop solely for the training sessions and that the laptop had not been used within the company since her email. She informed us that for such cases, there are demos and special licenses (though our reseller did not mention these types of licenses when we made our initial purchase). She then mentioned that we had utilized products worth approximately €25k and presented us with two options: either pay the agreed value or acquire SolidWorks products. We expressed that the cost was too high, and our business couldn't support such expenses. I assured her that we would discuss the matter with the company board and get back to her. After the meeting, we contacted the company reseller from whom we purchased the license, explained the situation, and mentioned the use of an external laptop. They said they would speak to Maria and help mediate the situation. We hoped to significantly reduce the cost, perhaps to that of a 1-year professional license. Unfortunately, we were mistaken. The reseller mediated a value €2k less than what Maria had suggested (essentially, we would need to acquire two professional lifetime licenses and two years of support for a total of €23k). This amount is still beyond our means, but they insisted that the price was non-negotiable and wouldn't be reduced any further. The entire situation feels odd because she never provided us with addresses or other evidence (which I should have requested), and she's pressuring us to resolve the matter by the end of the month, with payment to be made through the reseller. This makes me feel as though the reseller is taking advantage of the situation to profit from it. Currently, we're trying to buy some time. We plan to meet with the reseller next week but are uncertain about how to proceed with them or whether we should respond to the mediator.
  • 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

Metropolitan Collection Services - Action on a stayed claim


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

Thread Locked

because no one has posted on it for the last 5340 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

Was your daughter an officer of the company and if not why did she need to sign the loan?

 

Was the loan given to the company as a business loan or to your husband and daughter as a personal loan?

 

It sounds like the Bank are using their terms and conditions to hold the parties to the loan "jointly and severally" liable in other words the bank will say they are both liable together and as individuals.

 

I think you should seek professional advice or at least talk to Citizens Advice or the National Debtline. Without seeing the actual documents involved, both for the loan and for the company its difficult to say where your daughter stands.

 

pete

Link to post
Share on other sites

  • Replies 75
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

My step daughter was just a signatory on the account as far as I knew but it appears that she has signed some things as 'partner' although there was no formal partnership agreement. Of course, we cant see any of the original documents because they are all with the Official Receiver. It was a business loan and both the business and my husband were declared bankrupt in June. The official receiver hs told HSBC that he considers the debt to be part of that bankruptcy but they have chosen to form their own view - and although I am not sure they are right and kind of discussion on what is and isnt right seems to be impossible. It will be a miracle if me and my husband are still togethr this time next week if I dont stop getting all the flak!

Link to post
Share on other sites

I agree with pete, messydesk . You certainly seem to be the person least liable in all this .

 

IMHO, if your daughter is not a legal partner and the receiver and taxman are happy to confirm sole trader status , then I don't see how HSBC can legally view it differently.

 

Also , if a business is in the hands of the receiver, I would say HSBC have to deal with them , not the trader.

  • Haha 1

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 :-D

Link to post
Share on other sites

  • 2 months later...

Thank you to everyone on this thread. I have found all the information most helpful and have responded to MCS accordingly.

 

Good luck to everyone who needs it in dealing with this company and thanks again for all the information

Link to post
Share on other sites

  • 6 months later...

And here's my reply :)

 

 

Metropolitan Collection Services Limited

56 St James Road,

Edgbaston,

Birmingham

B15 1JL

Dear Sirs

My account with HSBC Bank Plc

Account number xxxxxxxxxxxxxxx Outstanding Balance £ xxxxxx

I acknowledge receipt of your letter dated 20th August 2009 which appears to be exactly the same as the letter you sent me dated 28th December 2007. As nothing has changed in the intervening time period to allow us to come to an amicable solution to the dispute I have with HSBC I will do no more than repeat the comments contained in my letter to you of 4th January 2008 with a little more clarity.

I now formally refuse to pay the sum of £xxxxxx and demand you pay me the sum of £xxxxxx being the current total of my county court claim number xxxxxxxxx against HSBC plus the total unlawful charges and interest against those charges that were applied to my account after the submission of my claim less the final overdrawn balance of my account.

I confirm any further costs including my own costs caused by your actions in this matter will be your own fault for being too stupid to read the correspondence concerning this dispute and take heed of the current legal situation that exists and therefore will be at your own liability.

I confirm I have withdrawn my permission for you or your client to share any information concerning this matter and therefore if you report a default against me a second time with the data reference agencies it will be a breach of the Data Protection Act, The Banking Code and the terms of your credit licence and will result formal complaints to the Information Commissioner and the Financial Services Authority and possible further legal action against you and your client.

I further confirm if my account is referred to debt collection agents who try to act without the required legal backing and attempt to call on me to collect payment I will contact the police to have them removed from my premises by force and commence harassment proceedings against them, you and your client immediately.

I trust this clarifies the situation

Luv and Kisses

Castlebest ;)

Link to post
Share on other sites

Why are they being dumbasses? They clearly cannot read their notes from the last time, lol.

 

They are being HSBC :rolleyes: they are a large powerful organisation and they think they are above the law.

 

I'm sure in 90% of the cases where they use letters like this they get some money back because people are not aware of the law and are easily bullied by companies like HSBC.

 

We can only hope that more people read threads like this one and stand up to this sharp practice :cool:.

 

pete

Link to post
Share on other sites

They are being HSBC :rolleyes: they are a large powerful organisation and they think they are above the law.

 

I'm sure in 90% of the cases where they use letters like this they get some money back because people are not aware of the law and are easily bullied by companies like HSBC.

 

We can only hope that more people read threads like this one and stand up to this sharp practice :cool:.

 

pete

 

If they are on forums they don't. I think I use the get stuffed approach with any DCA's especially if a bank charges claim has already gone in. It works a treat :D

Or the take me to court and I will defend the claim vigorously. Or I will not make any payment plans until the conclusion of the OFT test case issues.

Normally works quite well.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

They are being HSBC :rolleyes: they are a large powerful organisation and they think they are above the law.

 

I'm sure in 90% of the cases where they use letters like this they get some money back because people are not aware of the law and are easily bullied by companies like HSBC.

 

We can only hope that more people read threads like this one and stand up to this sharp practice :cool:.

 

pete

 

If they are on forums they don't. I think I use the get stuffed approach with any DCA's especially if a bank charges claim has already gone in. It works a treat :D

Or the take me to court and I will defend the claim vigorously. Or I will not make any payment plans until the conclusion of the OFT test case issues.

Normally works quite well.

 

 

I received something similar, Pete and have used your approach, with a little of YB's "stick that in your pipe and smoke it" :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi ,Pete :)

 

They're obviously in 'automatic mode ' on this - sending them out willy nilly , as you say in the hope of catching a few unwary customers ... :mad:

 

If they'd checked the last correspondence they got from you on this subject - they wouldn't have been so stupid as to repeat the process - would they ?:rolleyes: LOL !

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 :-D

Link to post
Share on other sites

Hiya Johnny :) hope you had a good break North of the border :D.

 

Logicaly you should be correct but having delt with HSBC and Metro in dispute mode for the last 3 or 4 years I'm honestly not convinced they have a clue what they are doing :rolleyes: lol

 

pete

Link to post
Share on other sites

  • 3 weeks later...

So this is what they have in the post :D

 

A J Martin

Moorcroft Debt Recovery Limited

PO Box No 17

2 Spring Gardens

Stockport

SK1 4AJ

Dear Mr Martin

My account with HSBC Bank Plc

Account number xxxxxxxxxxxxxx Outstanding Balance £ xxxxxxx

County Court Claim Number xxxxxxxxx

Moorcroft Reference xxxxxxxxxxxxxxx

 

I acknowledge receipt of your letter dated 17th September 2009 and note with interest you have been instructed by your client to recover the outstanding balance on the above account and the fact you are giving me notice of intended litigation.

As your client seems to have failed to give you full particulars of the current situation regarding this disputed account I feel it is my duty to draw your attention to my own county court claim number xxxxxxxx which has now been stayed subject to your clients’ legal representative, DG Solicitors application to the court to await the outcome of the Commercial Court proceedings between the OFT and the Defendant (and seven others) comprised in Claim No. 2007 Folio 1186.

I am not actually surprised by your client’s instructions to you as they have made it quite obvious by their shabby and frankly unethical behaviour to date that they feel they are above the law and can flout the banking charter at will.

I suggest you await the outcome of the test case as DG Solicitors are advising all of the claimants who currently have outstanding writs against your client or ask D G Solicitors to request the stay be set aside so we can proceed to a hearing and settle this dispute once and for all. I’m sure as a Debt Recovery Specialists you will be well aware of this situation by now.

 

Luv and Kisses

 

Castlebest

Link to post
Share on other sites

HSBC arent going to give in gracefully are they ? :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Oh ,pete! :) Will these beggars never learn .:rolleyes:.... HSBC got bitten the last time they tried it on with you ,..........

 

I'm most impressed by the restraint you have shown in that letter (above) ..you're obviously not in the throes of giving up smoking this time .. ..........:D

 

btw ...congratulations on passing the 6000 !! ,mate ....... :-)

Edited by johnnymitch

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 :-D

Link to post
Share on other sites

  • 2 weeks later...

And my reply :)

 

A J Martin

Moorcroft Debt Recovery Limited

PO Box No 17

2 Spring Gardens

Stockport

SK1 4AJ

Dear Mr Martin

My account with HSBC Bank Plc

Account number xxxxxx-xxxxxxxx Outstanding Balance £ xxx.xx

Moorcroft Reference xxxxxxxxxxxxxx

 

NOTICE OF LITIGATION ALREADY IN PROGRESS

COUNTY COURT CLAIM NUMBER XXXXXXXX

 

I acknowledge receipt of your letter dated 28th September 2009 and again confirm to you the debt you have been instructed to recover is already the subject of my own County Court Claim No XXXXXXXXX against your client.

Your own proposed litigation against me is totally pointless and any costs you incur proceeding with this action will be your own responsibility as you are not a party to the litigation that is already in progress.

I suggest you refer back to your client or their legal representatives DG Solicitors who are fully aware of the current situation before you waste any of your own money in futile litigation.

More Luv and Kisses

Castlebest

Cc

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

Link to post
Share on other sites

They're certainly trying pete ......... in both senses of the word !

 

Nice letter .... and very diplomatic (for you) .... :D

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 :-D

Link to post
Share on other sites

Hi all, I have just received one of these letters demanding payment, however I very clearly remember the judge at Leeds Mercantile Court in August 2007, telling DG solicitors that he would stay claims until the outcome of the OFT case, however no further action or attempt to recover amounts would be made by HSBC - otherwise he would grant the lifting of the stay and hear the claims.

 

How do I now go about having the stay lifted? In my view I will call the court on Monday to get the name of the Judge who presided at the August 2007 hearing and send a letter to the court with a copy of the letter from HSBC(MCS) asking for the stay to be lifted as per the instruction from the judge as HSBC have ignored and acted in contempt of his instructions.

 

Any other thoughts on how to approach this with the court to have the stay lifted. Anyone else going down the same route.

 

Cheers JJF

Link to post
Share on other sites

As the good judges decision was early on in the 'stayed' claims scenario , some individual judges made these pronouncements ..... although nothing is known for certain I think the word went to the courts that all claims , (with the exception of severe hardship ones ) would remain stayed until the outcome of the OFT test case .

 

I would just write and invite DG to take you to court , pointing out that your stayed claim will come into play should they be daft enough to go down that road .. :)

 

Actually . pete castlebest's letter at the beginning of this thread is a good place to start ..... :D

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 :-D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...