Passing on Debits HSBC-MCS-HSBC-DLC

chilli_bird · January 20, 2009

Hello Has any one has their debit passed from HSBC to MCS to HSBC(holding period which i did not know about) to Debit legal and Collections?

Did they(any of the above) contact you before had to say this debit is now in new hands?

Do they (any of the above)have to tell you if it changes hands? Do thay have to give a reason?

If so who has to tell you- the HSBC or MCS or DLC?

Castlebest · January 20, 2009

Hiya chilli_bird and welcome to the HSBC forum

OK here's the set up, HSBC wholey own Metro collections and if you check on the companies house register it tells you Metro have no employees :rolleyes: so its just a front for HSBC to fool or frighten you, just HSBC employees using a different letter head .

I have a feeling Debit legal and Collections is a similar arrangement but if you send a Consumer Credit Act section 77/78 letter to them you should get a copy of the assignment of your debt from HSBC to either Metro or DLC.

If they say they don't need to assign then they have the same data controller and are therefore effectively the same company

pete

chilli_bird · January 21, 2009

Hi and thanks.

I have read that DLC are a different company or linked to another company.

What if the CCA comes back and there is no signature?

What if there is a signature?

I posted the CCA to MCS yesterday after the advise i got on this website on Monday night. I basic got a voicemail from DLC and a text message to call them urgently. I do not have a contact address for DLC and have not had a letter from them to say they now own the debit, if infact they do own the debit.

If they do not own the debit (DLC) do i have to talk to them?

chilli_bird · January 26, 2009

What i do not understand is that i have been paying MCS for at least 4 years now and suddenly the debit gets moved to another company with no warning whatsoever. I have not missed a payment and have always paid on time MCS have not even been hasseling me.

If anyone is in the same boat as me or can give me any info/advise please let me know.

Castlebest · January 27, 2009

I suspect the poor bank is short of cash and are selling off (assigning) their non profit making accounts. I'm not familiar with DLC but if they are an independant debt collection agency they will love you to call them...

DONT!!! once they have your phone number they will pester you day and night :cool: . DCA's employ a particularly nasty bunch of telephone operatives who tend to be paid on results so they just want money out of you.

Insist everything is done in writing and send all of your letters by recorded delivery. Have you received a notice of assignment?

As far as you are concerned nothing has changed with your debt so why should your repayments change?

keep us posted how your getting on

pete

chilli_bird · January 27, 2009

Hi Pete

No notice of assignment yet. I posted the CCA last week Tues, checked the recorded delivery site on thurs but it has not been received. Left my recepit at work, I will check it again today.

I did send it to MSC rather than DLC coz i do not have contact address for DLC. They called me and left me a voicemail and text last week Monday. Not heard a peep out of them since. I told them on the phone i want the deeds to the debt. The operative said he will send it out and that was the last i heard. No letter nothing...(mind you i have not checked my post since Friday).

I sent it to MSC with the advise from here. As far as i am aware my debt is with MSC until i get a letter telling me so. Not just a phone call out the blue.

Hope i am right in saying what i am saying.

Many Thanks

johnnymitch · January 27, 2009

Hi chillibird,

You are absolutely right ..... unless they can send you written proof that they are holding the debt , they haven't got a leg to stand on .....

But it may be wise to check your post just in case there is something there.. :cool:

And ,as pete says, don't deal with them by phone , tell them to put eveything in writing.... or they'll pester the life out of you ....

If that happens, come back and we can give you a letter to send telling them to back off ............

chilli_bird · January 27, 2009

Hello and thanks.

I have checked my post and notthing there. The CCA letter i sent to MCS was received and signed on the 21st Jan (Day after it was posted). Today i got a voicemail, to call DLC. The person who left the message sounded like a door mat, dull and boring, even though it was vital i call him before the close of business which is 20:30hrs. Anyway i don't think i should call him back. If they want to talk to me then they can write to me. They have till Tuesday next week to get back to me before the 12+2 days are up.

Castlebest · January 27, 2009

you are under no obligation to phone anyone and in fact all that will do is give them your phone number :-o and give them an opportunity to try to bully you out of some money :cool: .

If DLC are too ignorant to give you their address then I see no reason why you should talk to them at all.... it could be anyone :cool:

pete

chilli_bird · February 2, 2009

Hi Guys. My 12+2 days (CCA) is going to be up tomorrow. I know the weather has beeb bad but i did get post today and nothing from MCS or DLC.

I am still getting phone calls daily but as my phone reception is not very good it goes to voicemail. Each voicemaili am getting follows the same script and ends by saying that its very important i call them by the close of business. They never say why they have called and always say DLC not (debit legal and collections).

Anyway if i do not get anything about my CCA tomorrow what do i need to do. Pls remember i do not have a contact address for DLC as they have never sent me any letter in the post about anything. As far as i am aware 'who are they'.

Also i still have an active Standing order to MCS. I have not cancelled it after taking the advise from the consumer forum. However if the 12+2 days is up tomorrow can i cancel ir. my Standing order date is the 5th of each month.

Edited February 2, 2009 by chilli_bird

johnnymitch · February 3, 2009

Hi chillibird,

I wouldn't cancel your SO just yet... then you can prove that you were 'being reasonable' in the face of their refusal to co-operate .

I would send this letter to MCS (copy to HSBC) :

"Reference ....... (your letter of xx xxx xx)

I am disappointed that you have failed to respond to my request for a copy of my Credit Card agreement to which I am entitled under the Consumer Credit Act 1974 (Sections 77−79). A copy of this letter is attached for your convenience.

I have previously enclosed a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I am sure you also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Failure to respond positively will be reported to the Financial Ombudsman Service and the Office of Fair Trading."

You could also add :

" This letter is being sent to you as I refuse to deal with a firm which will not write to me or give me an address to write to . By this I am referrring to DLC who claim to have taken over this alleged debt, but are refusing to produce evidence that it exists .

This is totally unprofessional conduct and will be reported if a satisfactory reply is not forthcoming within 7 days of your receipt of this letter. "

johnnymitch · February 3, 2009

Just to add chillibird , - if you don't get a reply, or even a satisfactory reply , come back and we can see about stopping you payments, and notifying them that the account is definitely 'In Dispute' as a result of their failure to comply with your requests.

chilli_bird · February 3, 2009

Thank you for yor help.

chilli_bird · February 4, 2009

Hello i have just got home today and received a letter from DLC Solicitors (i do not know how to attach it.) Please can you help as i have not has any written letters from DLC. my accounts is in dispute as i have written to MCS (12+2 was up yesterday-they have my letter as they signed for it the day after it was sent).

I do have to still send them the letter that jonnymich asked me to send (could not send it yesterday and today as i was at a funeral). Shall i now not send that letter and send one to DLC?

Please help

The letter reads

we have been instrusted by direct leagal and collections on behalf of hilesden securities ltd to take necessary steps to recover the outstanding balance as shown above.

our clients aks that you contact them either direct by telephone on 0870 7469040 or by writing to them at irect legal and collections, buckingham road,brackly, northans, nn13 7dn. if you do not make full payment or reach agreement with direct legal and collections within 7 days legal proceedings may be commenced without further notice.

in the event of a judgment being obtained,we shall seek all fixed costs and fees which will be added to the outstanding debt.

yours

alpins

johnnymitch · February 4, 2009

Hi chillibird,

If you sent the original CCA request to MCS then send them the letter I gave you (but leave off the bit about DLC not writing to you ) .

Write also to DLC, tell them that because of (whoever's) failure to comply with your CCA request, this account is now firmly 'in dispute' and that they cannot take any recovery action until the dispute is settled. Tell them that you have let the Feb 09 pyment proceed as a gesture of goodwill , but that no further payments will be made until the dispute is settled.

I think I would write another letter to HSBC, pointing out that this account has been run absolutely properly from your point of view and that you cannot understand why it has been 'sold on' to Hilesden Securities Ltd. Tell them that ,unless they can give you a satisfactory explanation for this course of action , you will report their conduct to the Financial Ombudsman, Trading Standards , and The Information Commissioner's Office.

Quite a bit to take in I know, especially after your return from a funeral , but take it a step at a time chillibird - this is scare tactics from DLC....you notice they said 'legal proceedings MAY be commenced .... not WILL be commenced .... they're trying it on .... if they cannot produce evidence of the debt , they cannot collect it .... simple as that !

Don't worry , come back if you need more info ........

chilli_bird · February 4, 2009

pls can you help me with a template letter for the HSBC and one to send to DLC

chilli_bird · February 4, 2009

Hi Jonnymitch...pls can you or anybody help me with th template letters. i want to send them tomorrow.

johnnymitch · February 4, 2009

Hi chillibird ,

You could try something like this for HSBC :

Account No. XXXXXXX

I fail to understand why you have chosen to pass my account , which has always been run without default , to first of all, MCS who have subsequently passed it to DLC . DLC have now seen fit to demand immediate settlement, apparently without having any evidence that the debt exists..

Despite the fact that I submitted a CCA request to MCS , which has not yet been complied with, they have seen fit to pass on an account , which is obviously in dispute, to another DCA.

What I require from you , before I take this case to the Financial Ombudsman Service , Trading Standards and the Information Commissioner is a written explanation for these actions against this account , which has been faithfully maintained.

I am aware that MCS is your collection agency, working only for you, therefore I am sending them a call-up letter to demand that they comply with my CCA or be taken to court to force them to do so.

I am most disappointed that a Financial Institution such as yourselves would indulge in these practices given your boast of ‘Treating Customers Fairly’ under the FSA guidelines.

If no satisfactory explanation is received within 14 days ,I will progress to the measures outlined above.

Yours faithfully,

Send the one I gave you earlier to MCS ,

and something like this to DLC (now that you have an address for them . ) :

To DLC

I am in receipt of your letter dated xx xxx xx which threatens me with possible legal action if I fail to settle this account in full .

I have to inform you that without tangible written evidence from you that this debt exists, i.e. a true copy of my Credit Agreement , I will assume that you have no authority to collect any monies from me.

I would also advise you that this account was ‘In Dispute’ when it was passed to Hilesden Securities Ltd by MCS , due to their failure to comply with my CCA dated xx xxx xx , which is now being pursued with them .

I suggest that this alleged debt should be returned to MCS as I have no intention of making any further payments until this dispute is settled .

I would also advise you that any further communication between us must be in writing , as evidence in the event of any possible court action.

Pete may be around later with further suggestions , but I hope this will help for the moment .......

Yours faithfully

chilli_bird · February 9, 2009

Hello

I just got another letter from DLC and i am now really worried. The Letter says

You have failed to make payments or to maintain an acceptable payment arrangment.

We are instructing our solicitors Messrs Alpins to issue legal proceedings against you unless payment in full is made immediately. The claim is for the amont outstanding against your contractual agreement.

this could result in one of the following actions being taken

1) bankruptcy proceedings (leadingto the sale of your assets to pay your debts)

2)A charge on your property (entitling us to apply for an order on the sale of your property)

3)An attachment of Ernings (your employer will be ordered to deduct money from your pay)

4)Warrent of execution (a Bailiff would call at your home to collect moneyor goods to the value of your arrears)

If legal proceedings take place this will occur ectra costs which will be added to the outstanding balance. This also entitles dlc to interest of 8% for the period we have held your account.

Please can someone help.

This letter looks very legal to me and i am now worried they will not settle for a payment arrangment.

chillibird

beatsurrender · February 9, 2009

Letter recieved today from hsbc ( claiming on behalf of my brother )

We would like to inform you that your HSBC Bank curr Account has been assigned to us ( CL Finance LIMITED TEL 0870 751 3399) , This means the ownership of your account has been assigned to us . We have set out the Formal terms of the assignment in the box below.

Further information about what this means contained overleaf of this letter , blah blah blah

We are aware that HSBC has previously agreed a concessionary payment arrangement with you in relation to your account to pay regular instalments of 10 £.

we can assure you that this arrangement will not be affected in any way and you should carry on making payments in accordance with the terms of that arrangement.

however , please note that all payments should now be made direct to us , please see reverse of 2nd page of details how to pay .

Giro slip and direct debit mandate are enclosed blah blah blah .

Your conccesionary arrangement will still be subject to periodic review of your financial circumstances . we will contact you at the appropriate time to undertake review .

yours a unreadable signiture cl finance ltd .

This letter seems dodgy seeing as i put my claim in against the bank 2 weeks ago do you know of any letters or anything to put me at ease as i think they trying to pull a fast one here , im half expecting the phone calls and threats as i got my claim in 2 weeks ago ,

chilli_bird · February 9, 2009

Hi sorry to be a pain but pls can you start your own thread as this is mine and i need my replies to.

chilli_bird · February 9, 2009