advice plz- metropolitian collections. urgent!!!

[bevevans]

hi guys

 

took out a loan in jan 05 with HSBC, due to OH financial status, payments fall solely on me, the last payment made to HSBC was jan 08. today i

received a letter from Metropolitan collections acting for HSBC dated 17 april (but postmark stamped 23 april) giving me 7 days to reply!!!!!! which is today- typical in it.

the amount is for a few thousand, at the moment i am not in a position to pay the original monthly payment.

 

should i CCA metropolitan first and go from there or write with an offer of payment?

 

cheers guys

 

bev

[ScarletPimpernel]

First, don't be tempted to call MCS (who are HSBC's in-house DCA); keep everything in writing.

 

Don't worry about their silly unilateral deadlines; their system is computerised and churns out letters every so many days. Dating letters well before they are posted is an old MCS trick - I have one dated Boxing Day!

 

Sending a CCA request is a good start. Have any charges been added to the account?

[bevevans]

thanks!!

 

not sure if any charges have been applied, i'll send off a CCA, but feel a tad cheeky doing it as i've been paying loan every month until jan this year!!

 

cheers

 

bev

[ScarletPimpernel]

I made payments to MCS for almost three years, then discovered CAG, CCA'd them and found they had no agreement, and that the amount they still claimed was about a tenner short of the charges they'd applied. So, I stuck a claim in; HSBC sold it to Robinson Way but I successfully slapped them down, got the default removed, and am waiting for the claim to be dealt with, along with all the others.

 

I then went on to discover that HSBC had no agreement for my Visa card, so I suggest that a CCA is always worthwhile, and £1 well spent.

 

HSBC are the cheeky ones, for failing to ensure that their agreements are legally compliant, and then expecting you to pay for their mistakes.

[Luminol]

We dealt with Metropolitan, and I wish I had found CAG then, unfortunately in our case the debt was sold on to Rockwell and only then did I find this site. What I will say was after about 12mths of paying Metro £1 a month they did call and offer to knock a 6k debt to 2k, but we couldn't manage it.

 

Anyway your in the right place now

 

GL Lumi

[bevevans]

hi guys

 

sent off my CCA letter the recieved it on the 2nd may 08. recieved a letter from MCS dated 27 april 08 stating 'intend to instrust DG solicitors to issue legal proceedings and apply for a charging order'.

 

today letter off them 'thanking me for my recent payment of £1.00 on the 2nd may 08, whilst this indicates your intention to repay this debt we do not appear to have a firm committment in the form of a repayment plan'.

 

i have no CCJ against me for this 'debt' so i believe they are unable to apply for a charging order at the moment.

 

but what i bloody cheek- the CCA letter was quite clear(used template one) so do i assume they havent got the credit agreement and are trying to scare me into paying or write again stating my letter was requesting the credit agreement and if they read letter correctly they would know the £1.00 payment was for that.

 

many thanks

 

bev

[PGH7447]

Clocks ticking they have to comply.

 

by the way, You did send it recorded?

 

Some DCA's use the £1 towards the debt, but it makes no difference to the request

[UnmoderatetheNet]

 

sent off my CCA letter the recieved it on the 2nd may 08. recieved a letter from MCS dated 27 april 08 stating 'intend to instrust DG solicitors to issue legal proceedings and apply for a charging order'.

 

today letter off them 'thanking me for my recent payment of £1.00 on the 2nd may 08, whilst this indicates your intention to repay this debt we do not appear to have a firm committment in the form of a repayment plan'.

 

i have no CCJ against me for this 'debt' so i believe they are unable to apply for a charging order at the moment.

 

but what i bloody cheek- the CCA letter was quite clear(used template one) so do i assume they havent got the credit agreement and are trying to scare me into paying or write again stating my letter was requesting the credit agreement and if they read letter correctly they would know the £1.00 payment was for that.

 

 

Is this a new defense tactic against the onslaught of CCA letters they receive. it would not surprise me DCA tend to fight fire with fire. You make a complaint or dispute a figure and instead of a wriiten response they send you a demand for payment or court action. this has happened 5 times to me.

 

You have to admire the cheek:

'thanking me for my recent payment of £1.00 on the 2nd may 08, whilst this indicates your intention to repay this debt we do not appear to have a firm committment in the form of a repayment plan'

 

Has anybody had similar reactions? I feel a letter to the FOS coming on I wonder if £400 fine will deter them from gross incompetence, which is what interpreting the CCA letter in that way amounts to

[bevevans]

hi guys

 

CCA letter was sent recorded.

i assume they have the same group of people working at this office as they do on HSBC telephone banking, as they obviously dont understand plain english.

cheers

 

bev

[42man]

When the 12+2 days is up Bev...send them this...

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**. You have also cashed the £1 I sent you which is the maximum amount you are allowed to charge for my request.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully