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    • Hi.   What reason/s have they given you for declining please?   HB
    • get the FOS done and see. i have a feeling you might not need to do the latter.    
    • Noted, thanks re-draft it is then 🙄    If it does go to FOS and its upheld can I also go for the throat and apply to set aside the suspended judgement (consent order) based  CCA  sections 86E not providing default sum notices 86(5) not entitled to enforce agreement  87(1) and 88(2) leading to unlawful repudiation of the credit agreement. Just an idea. 
    • CB ....this conclusion is true.   as for PB, i can assure you that user most probably ( well i know but shouldn't say} holds the record here for the most reported posts by users as well as from those of the site team concerning his posts. if you hold on someones username further info can be seen.   however , a bit like say vodaphone or virgin media , very large companies with millions of customers will get the most complaints made against them...and that equates to posting levels here too. as for 'royalties account holder' that again merely points, by a default label in the software package we use, to the number of posts made.   one could further this by noting were we to agree with all their posts they would be on the siteteam... i will leave you to understand why not .....       don't think anyone did?    regards  DX
    • Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.       Confucius  say "he who backpedals, falls off bike."    I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".   That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.   The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."   Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.   He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.   Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.   What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.   Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.   To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."   Seriously? I have to point it out to you.   Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.   Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:   "The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.   As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).   The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."   I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.   Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf.    It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.
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Case referred to MCS - How to clear myself?


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Dear fellow forum members,

 

I have a typical case. Please advise.

 

I used to work in UK between 2004-06 and would bank with HSBC. Later I moved to US and then to Canada. I'm now in India. Since I travel a lot, I use only HSBC online banking feature as no one lives at the UK address where I used to live while in UK and hence no reason for getting all the mails.

 

While in UK I loaned a friend (not anymore a friend) 5 years ago by about 9000 GBP by taking a personal loan from HSBC to be settled in 4 years time with a repayment of 280 GBP per month. He used to transfer the monthly payments regularly for three and a half years to my account and it would get debited automatically. My bank transactions would show the 9000 GBP transfer from my account to his and his monthly transfers of 280 GBP. On one fine day, he went untraceable and could not get hold of him by any means. I know for sure he has left UK by selling all his property and is now in India. But I do not have a clue where the heck is he now in this vast country. The outstanding loan is around 1500 GBP. I thought it's better to pay off the outstanding loan on my own and started pooling money. In the meanwhile, my online banking was suspended and I could no longer use it. I called HSBC only to find out that my account is currently being handled by Metropolitan Collection Services (MCS). The HSBC call centre executive called the MCS and told me that my case has not yet reached the MCS and that they would contact me as and when it reaches them and I was given the 0500 992 299 number to call them.

 

Since I'm in India I am not sure whether I can call the 0500 number from here. Nevertheless I'll be in UK in about 10 days time and I wish to pay off till the last penny to save myself from unwanted calls and visits. Given this, please advise me on the following:

 

1. Once I'm in UK, can I go to HSBC branch and settle the loan or should I still speak to MCS?

 

2. Can I reach MCS over email? I do have their mailing address but it will take time before the mail reaches them from India and in all probability I would be in UK before my mail reaches them.

 

3. I have applied for a work visa to work in UK. Will my debt situation affect my visa processing? Will MCS interfere with UK Home Office applications and processing?

 

4. The current outstanding loan is nearly 1500 GBP. Will MCS or HSBC accept the same amount or would I end up paying more towards interest or other charges?

 

5. Is there a way that I could get some concession on my outstanding loan so that I can reduce the burden by explaining my situation?

 

Please answer the above so that I can clear this mess off peacefully.

 

Thanks in advance.

 

Cheers,

S

Edited by sathyanveshi
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Hi sathyanveshi , welcome to the forum :)

 

The simple answer to this ,I would say , is wait till you get back to the UK and go into an HSBC branch and clear the loan off .

 

To put you in the picture - Metropolitan Collection Services are only a part of HSBC , their debt collection branch - they don't work for anyone else ....... so if you pay HSBC , that should do it. :)

 

These phone nos could end you up at a call centre in the Phillipines who work to a written script and only know how to threaten and demand money , so I wouldn't bother with them. :rolleyes:

 

As for the Interest , I'm not sure how they will asess it if you're clearing it all off at once , but if you're in the branch , a try at haggling wouldn't go amiss ....... (you should be good at that , being in India - I've been there .... it's traditional :D)

 

By all means come back and ask if you have any more questions... someone will answer and we're a friendly lot on here. :)

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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