Metropolitan Collection Services - Action on a stayed claim

[Castlebest]

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

[Messydesk]

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!

[Castlebest]

I think all you can do is refuse to discuss anything with them and refer them to the receiver as he is now dealing with the companies finances which includes the business loan.

 

pete

[johnnymitch]

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.

[finnies]

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

[Castlebest]

Look what I got in the post this morning the words here we go again come to mind

 

[yourbank]

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

[Castlebest]

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

[Castlebest]

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

 

They are being HSBC 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 .

 

pete

[yourbank]

They are being HSBC 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 .

 

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

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.

[Castlebest]

They will post a default against me again and I will get it removed again it gives them something to do

[citizenB]

They are being HSBC 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 .

 

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

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"

[Castlebest]

CB my original reply in January 2008 said just that so they put a default against my name which they have removed now but I fully expect them to ignore the regulations and do the same again :grin:

 

pete

[johnnymitch]

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 ...

 

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 ? LOL !

[Castlebest]

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

 

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 lol

 

pete

[Castlebest]

Oh woe is me HSBC have asked Moorcroft to act for them now and they are going to sue me

 

I almost think it would be more fun to let them find out about my own stayed County Court claim in the defense document when I send it back but I have decided to be kind .

[Castlebest]

So this is what they have in the post

 

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

[citizenB]

HSBC arent going to give in gracefully are they ?

[Castlebest]

Theres nothing graceful about the worlds loco bank

[johnnymitch]

Oh ,pete! Will these beggars never learn ..... 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 .. ..........

 

btw ...congratulations on passing the 6000 !! ,mate .......

Edited September 21, 2009 by johnnymitch

[Castlebest]

Well Moorcroft are keen even if they are stupid

 

[Castlebest]

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

[johnnymitch]

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

 

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

[johnnyjoeflyer]

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

[johnnymitch]

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 .....