Morgan Stanley & HFO

[therobbler]

Hello,

 

This is my very first post, I hope somebody can help me.

 

I received a letter from Morgan Stanley in October 2006 stating that they had accepted a partial settlement on my credit card and that payment had been received. tHey also told me that they would not chase me for the outstanding debt.

 

I received 2 letters from Morgan Stanley soon after this requesting payment or court action would be taken. I sent them a copy of the letter dated October and nothing else happend. In February 2007 Moorcroft contacted me stating that they were going to commence legal action unless I paid the debt to Morgan Stanley. Once again I sent the October 2006 letter and I had no response. This month HFO contacted me giving me 7 days to pay my debt to Morgan Stanley else they would commence court action against me, again I sent back a copy of the October 2006 letter.

 

HFO now appear to be dropping the case against me but I want to nail Morgan Stanley if possible. They have caused me and my family unnecessary stress and have not done what they said they would do in 2006.

 

Does anyone know of anything I can do against Morgan Stanley to obtain compensation and give them the kick up the backside that they require? Also how much compensation could I claim, if any?

 

Thanks in advance

 

The Robbler

[vselym]

robbler

 

i would put a complaint into the OFT, not so sure there would be any redress for compensation though

[therobbler]

vselym,

 

Thank you very much for this, I will try the OFT.

 

Is there anyway that I can get my story out in the open, maybe damage Morgan Stanley for the b**tards they really are?

 

Cheers

 

Robbler

[patrickq1]

I will come back to this thread later and start you off what to do with HFO AND MORGAN STANLEY but in the meantime YOU must issue a CCA notice to HFO and a SAR NOTICE TO MORGAN STANLEY also issue a HARRASMENT LETTER TO HFO ,

back later dont worry about hfo we will do our utmost to guide you through all this

patrickq1

[therobbler]

Hi Patrickq1,

 

Thank you very much for this, it is most appreciated, what are CCA notices and SAR requests and what do they mean to HFO and Morgan Stanley?

 

Cheers

 

Rob

[patrickq1]

What is it?

 

A Subject Access Request (SAR) is a request sent from a data subject to a Data Controller requesting information about themselves.

It is a legal requirement under the Data Protection Act (DPA) for the data controller to comply with this request within a 40 day timescale as outlined in the DPA.

[edit]

Subject Access Request Example

 

 

—

[your address]

 

 

[their address]

 

[DATE]

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch.

 

Yours faithfully,

 

 

[name]

 

[edit]

Download this file

 

MS Word Format: SAR.doc

[patrickq1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

[patrickq1]

send this to HFO

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[vselym]

Robbler

 

if im reading this right, your "we will take no further action" letter from 2006 deals adequately with dca's, and your real issue is with MS for not abiding by what they wrote

 

if so, the SAR that patrickq1 suggests you send to MS, should produce all communications you have had with MS since the beginning of your contract. This may be of use if there are reclaimable penalty charges included within, and should also determine what if anything they are still doing with your account.

 

a CCA request should produce a copy of your credit agreement. If MS dont respond within a timescale of 12+2 days with the said copy, then the debt would enter a dispute status at which point no-one can attempt to ask you to pay anything, if after a further 30 days, ie 44 days in total, they still have not replied then they would have committed a summary criminal offence, but at this point it offers you a complete defence against enforcement via the courts.

 

as i said at the start of this thread, i still think your best bet is a complaint to the OFT, in conjunction with the suggestions from patrickq1

[patrickq1]

if so, the S.A.R - (Subject Access Request) that patrickq1 suggests you send to MS

yes correct this should produce all data not just corespondance

the cca shall be (when i post it that is )for the benefit of HFO asking them to produce all documents they have in their possesion and also to stop all corespondance with them until they produce the contract/agreement he had with MS and also should produce the actual copy of the letter asigning this contract to HFO

without this they have no right to continue their corespondance until such

patrickq1

[therobbler]

Vselymn & patrickq1,

 

Thanks for this, it is most appreciated, so I send a SAR to MS, a CCA to HFO and contact the OFT, I have an example of a SAR and I can right to the OFT, do you have an example of a CCA anywhere that I can use to contact HFO?

 

Your help is most appreciated, for 18 months these b**tards have been trying to get me and they are starting to get me down.

 

Cheers

 

Rob

[vselym]

robbler

 

try here "letter N" for cca request

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

or you may want to take a look at this

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/131230-dca-response-demands-after.html

 

i still think that a cca to MS would be worthwhile, my logic is that if they fail to comply, coupled with the letter from 2006, will strengthen your case with the OFT

[patrickq1]

yes letter N but as well as that you also want to send a harrassment letter to also explain you have sought a stay to their actions through the court but do this a week after you apply for the stay

patrickq1

[therobbler]

vselym and patrickq1,

 

you are both brilliant, I have the letters written and I will get them in the post today. I have written a SAR to MS, a CCA to both HFO and MS, a harrassment letter to HFO and a complaint letter to the OFT using the templates provided, we will see what happens from here.

 

Cheers

 

Robbler

[vselym]

Finally, make sure you dont sign them, pay by postal order, both actions to avoid possible photoshop experts getting some practice in, and send by a recordable royal mail method to prove service of documents should you need to

 

well done

[Rhia]

MOH has the same problem with MS. He has letters saying they will not be pursuing and two years later they have sold to a DCA. He is handing it to the FOS and has complained to TS. Suggest you put your case to FOS too so they can see these are not isolated incidents.

Disgraceful business.

[patrickq1]

I received a letter from Morgan Stanley in October 2006 stating that they had accepted a partial settlement on my credit card and that payment had been received. tHey also told me that they would not chase me for the outstanding debt

yes a letter of complaint is in order as well the more the merrier

they have been doing this a lot lately selling debts that have been quashed by themselves so it is naughty

also you might like to check on the origional bill and see what the difference is between the new debt as this extra is not legal either so go for it

patrickq1