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Passing on Debits HSBC-MCS-HSBC-DLC


chilli_bird
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Hi thanks, i will lookat the links now. All the letters were sent on the 5th Feb and have been signed for. The post office have sent me 2 email confirmations from the signed letters from MCS and DLC.

 

In reference with my payments, I used the letter that said i have made payment for feb as a gesture of good will and all future payments will seeze as my account is in dispute. Shall i stop my SO or shall i keep it going?

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Well done chillibird ........:) let's wait and see what they come back with from theses letters..

 

I would leave cancelling your SO till you've had a response , that should give you a clearer picture of where to go from here . You'll have tome to cancel it later in the month if necessary.

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.

 

 

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Hi just wanted to say i still have not heard anything from the DLC or HSBC or MCS.

The phone calls are still happening even though i have asked only to be contacted in writing and the letter i sent them was recieved on Monday 9th Feb, fortuneatly i have not been able to answer my phone as it is switched off or on silent at work.

How can i complain about harrassmnet? or a better way of putting it is shall i complain about harrassment and not obaying to my wishes and only contacting me by letter?

 

The last letter i got from them (above in red) says they will add 8% interest per month. Can they do that. That is approx £224 per month. If for example i had an agreement to pay £70.00 per month and they added on 8% i will be in debit for ever as the amount will keep on going up and up and up......this is a hypothetical (hope i spelt that right) question.

 

any infor will be greatly appreciated.

 

chilli_bird

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Hi chillibird :)

 

Refer to the previous letter you sent them which asked them not to phone you , (you could ask them what part of that request they didn't understand ...lol! ) and enclose this one - agian recorded delivery of course .

 

"I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have previously requested that these stop,in my letter of xx xxx xx but I am still receiving calls.

I am reiterating that I now require all further correspondence from your company to be made in writing only. This protects us both in the event of a court case.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

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

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Oops! I've done it again .....lol - I meant to add this bit (courtesy of pete ):

 

FAQ

I hope this works! What if they don't listen to it though?

Answer : Then you log all of the calls and report them to the police, get a crime number and write to the FSA

or

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1038615.html

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

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Thanks Jonnymich you have been a great help. My Moblie phone has a record option that stores the recording in my music. so no probs to record a call if i have to ever answer one of their calls. lol. luckly all the calls are made while i work and i an unable to ans personal calls during office hours. i just get the voicemail that is saved for 7 days. however i will check to see if i can record the voicemail

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Hi

Just got home this weekend, abd have 2 letters from the HSBC.

The first one says

 

I refer to your letter dated 4th Feb 2009.

 

Please note that the above number is not a loan account and i am therefore unable to comply your information. i would also bring to your attention that we are only required to provide information relating to a loan pursuant to section 77 of the consumer credit act 1974 where some sum in respect of that loan is,will or may become payable.

 

please note that, in order to verify the validity of any future requests you may make, you sholud provide us with a signed request or provide documentary evidence of your identity

 

 

The Second Letter i got read as

Thank you for your recent correspondence through the Finacial Ombudsmans Service Concering your Account that was passed onto MCS. I have now fully invistigated the maters you have rasied.

 

I am Sorry you have found out it necessary to contact us reguarding this issue.

 

Looking at our records, i can confirm that your debt was passed to the MCS on 5th May 2004 in Which you were paying £**. However ,i can confirm that the bank has recently contacted you confirming the debt has been passed onto Hillesden Securites Ltd. (no they have not)

 

Please contact this debt collection sevice with regards to paying the debt, you can contact them at

 

(Address given)

 

Your future correspondence should be directed to them.

 

If you have any queries or would like any further information, please contact me on 08456006423 quoying reference ********

 

I trust this matter has now been resolved to your satisfaction. If this is not the case you can escalate your concers in writing to the Senior Manager of our Service Quality Team at the following address

 

(Address given)

 

Alternatively you can call us on 0800 88 11 55 or email us at ........

 

 

I am obliged to inform you that complaints we can not resolve can ultimatley be refered to the FOS, however if we do not hear form you in the next 8 weeks we will consider matters resolved.

 

 

They still have not answered my question the the 2nd letter as to why they sold the debt on.

 

Also need help to relpy back to the first letter now that they want a signature.

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Pls can i have some help with the 2 letters i received.

Need some help pls

 

 

I refer to your letter dated 4th Feb 2009.

 

Please note that the above number is not a loan account and i am therefore unable to comply your information. i would also bring to your attention that we are only required to provide information relating to a loan pursuant to section 77 of the consumer credit act 1974 where some sum in respect of that loan is,will or may become payable.

 

please note that, in order to verify the validity of any future requests you may make, you sholud provide us with a signed request or provide documentary evidence of your identity

 

 

The Second Letter i got read as

Thank you for your recent correspondence through the Finacial Ombudsmans Service Concering your Account that was passed onto MCS. I have now fully invistigated the maters you have rasied.

 

I am Sorry you have found out it necessary to contact us reguarding this issue.

 

Looking at our records, i can confirm that your debt was passed to the MCS on 5th May 2004 in Which you were paying £**. However ,i can confirm that the bank has recently contacted you confirming the debt has been passed onto Hillesden Securites Ltd. (no they have not)

 

Please contact this debt collection sevice with regards to paying the debt, you can contact them at

 

(Address given)

 

Your future correspondence should be directed to them.

 

If you have any queries or would like any further information, please contact me on 08456006423 quoying reference ********

 

I trust this matter has now been resolved to your satisfaction. If this is not the case you can escalate your concers in writing to the Senior Manager of our Service Quality Team at the following address

 

(Address given)

 

Alternatively you can call us on 0800 88 11 55 or email us at ........

 

 

I am obliged to inform you that complaints we can not resolve can ultimatley be refered to the FOS, however if we do not hear form you in the next 8 weeks we will consider matters resolved.

 

 

They still have not answered my question the the 2nd letter as to why they sold the debt on.

 

Also need help to relpy back to the first letter now that they want a signature.

Edited by chilli_bird
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Hiya Chilli, sorry about the delay, it looks like Johnny went AWOL at the same time as me :rolleyes:.

 

The first letter is basically saying they wont supply anything unless you prove who you are which is stupid because they send any letters to you anyway :rolleyes: your best bet is to go to your local branch with copies of the correspondence and your passport/driving license and prove who you are in person :cool:.

 

The second letter I will do a quick rewrite of Johnny's letter from post 18

 

am in receipt of your letter dated xx xxx xx which informs me you have sold this debt to Hilesden Securities Ltd while it is still in dispute in breach of the banking code and the OF T's guidelines on debt collection.

I have to inform you that I still am not in receipt of tangible written evidence from you that this debt exists, i.e. a true copy of my Credit Agreement , and therefore have no alternative but to assume that you and/or Hilesden Securities Ltd 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/HSBC 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.

Copy it to Hilesden Securities Ltd and Metro, all recorded delivery :)

pete :)

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Thanks Pete

dont worry about the delay and Thanks for getting back to me.

 

This Moring the postman came early and i got this letter from Hillesden Securities. I now have letters from Hillesden/DLC/HSBC/the Solicitors of DLC-Hillesden.All getting a bit too much now lol

 

Account number xxxxxxx Formerly HSBC xxxxxxxx

Thank You for your letter dated 5th Feb 2009 reguarding the above account. I cn confirm that following;

1. We are following up your request for a copy of the original agreement and/or statement of account with our client HSBC. When these become available we will forward a copy to you.

2.We have also requested that they provide s with the dispute so that we can investigate the matter in an attempt to resolve it.

3.Your account is on hold and all further action has been suspened in anticipation of receving the documets required.

4.We have removed your contact telephone number from our records and will continue to persue you through written commumication only.

5. Please note that if you do not keep a regular dialouge with us regarding this account and update us accordingly, our guidelines from the information commissioner states that we are entitled to re-instate your contact telephone number to continue collection activity on your account when required.

should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand.

 

 

OK to point 1

i have read they can not just give me a statement of account can they?

 

point 2

an attempt to resolve it?....What happens if they can not resolve it?

 

point 3

account on hold in anticipation of receiving documents?... what would that mean?

 

point 5

do not understand them asking me to keep them updated. I have requesed my CCA and it now upto them to deliver. The ball in truly in their court. Right?

 

 

Chilli_bird

 

Ps shall i still send them the letter above or not?

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Today i Received this letter from the HSBC

 

We write in reference with your recent correspondence

 

We can confirm that your account was written off to MCS back in 2004 due to final demand on your account. This may have been because of arrears on your personal Loan or your account been dormant. (what does this mean)?

 

Please contact MCS on xxxx xx xx xx and they will be able to provide you with any further information.

 

Also please can you let me know if i should send the letter above that Casltebest has given me?

 

Also please can i have help with te letter i got from Hillesden. What does that letter mean?

 

Shall i cancel my Standing order now that th account is firmly in dispute?

 

Also if i go into my local branch of HSBC with my passort to prove who i am can they copy my passport and use the signature if they wish? I really do not want them to say they need to take a copy of my passport.

 

It seems HSBC do not want anytihng to do with this any more, surely if that s the case they should remove the default from my credit file as it still ready HSBC.

 

Any help would be great.

 

Chilli_bird

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Hiya Chilli, me again lol... from the look of things HSBC passed the account to MCS (who are actualy HSBC staff using a different letter head) HSBC / MCS have sold on the debt to Hillesden so thats who you deal with now.

so to specifics....

 

Account number xxxxxxx Formerly HSBC xxxxxxxx

 

Thank You for your letter dated 5th Feb 2009 reguarding the above account. I cn confirm that following;

 

1. We are following up your request for a copy of the original agreement and/or statement of account with our client HSBC. When these become available we will forward a copy to you.

This is now over the 12 days required by section 77/78 of the consumer credit act so you account is well and truely in default until they supply something.

2.We have also requested that they provide s with the dispute so that we can investigate the matter in an attempt to resolve it.

This may mean Hillesden pass the account back to MCS / HSBC but untill they tell you ignore it.

 

3.Your account is on hold and all further action has been suspened in anticipation of receving the documets required.

There is nothing they can do with an account in default anyway

4.We have removed your contact telephone number from our records and will continue to persue you through written commumication only.

More good news

5. Please note that if you do not keep a regular dialouge with us regarding this account and update us accordingly, our guidelines from the information commissioner states that we are entitled to re-instate your contact telephone number to continue collection activity on your account when required.

The account is in dispute untill they send you some meaningfull information so the ball is in their court

 

Ps shall i still send them the letter above or not?

 

Yes and copy it to MCS and HSBC :D

 

Also shall i stop my standing order to MCS now or not?

 

Yes

 

We write in reference with your recent correspondence

 

We can confirm that your account was written off to MCS back in 2004 due to final demand on your account. This may have been because of arrears on your personal Loan or your account been dormant. (what does this mean)?

Please contact MCS on xxxx xx xx xx and they will be able to provide you with any further information.

They know they passed it to MCS but cant be bothered to check why

 

Also if i go into my local branch of HSBC with my passort to prove who i am can they copy my passport and use the signature if they wish? I really do not want them to say they need to take a copy of my passport.

 

From memory the sigature in your passport is on a patterned page, this would make it very difficult to copy to another document so should be fine

 

It seems HSBC do not want anytihng to do with this any more, surely if that s the case they should remove the default from my credit file as it still ready HSBC.

 

HSBC sold the "debt" on because they belived you had defaulted, this will have to stay until you prove you didnt, but if any one else tries to default you for the same debt you can get it removed.

 

 

Hope that helps

 

pete

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  • 2 weeks later...

Hi

Have not been on in ages coz i have had no further communications. Maybe that's good?

 

I sent a letter to HSBC on the 5th Feb. Royal mail can not confirm the status of the item so i do not know if they have it or not. Shall i resend another copy?

 

The letter i sent them was the letter saying

I fail to understan why you have choosen to pass my account ,which has always been run without fail to DLC......

 

The 14 days is up so what shall i do now? shall i resend my letter to them or what?

 

 

Many Thanks

 

Chilli_bird

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Hi chillibird , I thought you got a reply form HSBC on this one (#32)?

 

and pete commented that they couldn't be bothered to check why it was passed on ........ I think realistically ,HSBC are out of the picture at the moment , it's more important to get compliance with your CCA .....

 

So, if the 14 days is up for them to comply with your CCA request for a copy of the agreement, send them something like this :

 

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

I am disappointed that you have failed to respond to my request for a copy of my (insert requirement) 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.

Yours faithfully"

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

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silly me. I did get a reply...just got a little lost with my letters.

I got a response from DLC on a true copy of my CCA. They said they were trying to get it from HSBC and will revert back to me within 21 days. That will be on the 5th March. I shall wait and see what they come up with.

I sent the original request to MCS with the postal £1.00 they have not written back to me at all.

 

Chilli_bird

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Hee hee.....there's no one has more 'Senior Moments' than me chillibird ! :D

 

I would still send that letter , but to MCS , asking why they have not responded to your CCA request - after all you paid them for it , they're duty bound to respond..... be interesting to see what they say ... :)

 

..... unless of course, they passed your £1 and request onto DLC, in which case it's probably best just to wait and see what they come up with by 5th March .....

Edited by johnnymitch
afterthought .....

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

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Why not wait a couple of days till the 5th is past chilli bird , then you can really go for the jugular :cool:.... they will not have replied within their timescale .......even more ammunition... :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

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got a letter tosay and it reads as follows

 

 

Account xxxxxxxxxx formerly Hillesden Securities Ltd xxxxxx/xxxxxxxx

 

Futher to our previous letter reguarding the above account. I can confirm and advise the following

 

1. We are following up your request for a copy of the original documentation with our client Hillesden Securities Ltd. When this becomes available we will forward a copy to you.

 

2. Your account is on hold and all further action has been suspended in anticipation of receiving the documents required.

 

Should you require anything further at this point please contact me. I will update you on developmets in 21 days if there is no developments before hand.

 

 

What shall i do now? it seems that they can not locate a CCA. Its now been 44 days since my original request was received.

 

Chilli_bird

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Hi Chilli bird it looks to me like you’re about home and dry ......... they're playing for time.....

I would write and point out to them that the time-scale for them to produce this agreement is long past (give them the date the original CCA request expired ) and ask them to confirm within 7-10 days that this alleged debt is unenforceable as you believe they have no proof that it exists.

Say that failure to respond within this time will result in a court action to force them to produce the agreement , if it exists, or to confirm that there is no agreement if it doesn’t and that the debt is unenforceable.

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

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