Please help with MCA

[Littlemisselvis]

I hope someone will be able to offer me some help / advice on how to deal with MCS.

 

I have an arrangement to pay them £50 per month. The standing order comes out of my partner's account as I was too sick to work for a period of time and thus had no income. My partner recently changed banks and the standing orders were all transferred.

 

MCS called me in May to say that they had not had a payment that month. They demanded I pay by card over the phone, or settle the balance in full, or they would serve me with a CCJ. Not really understanding much about the process, I paid them by card on the assurance that they would not accept a standing order payment that month when the new bank account tried to send one through.

 

Despite assuring me that they wouldn't take a standing order payment, my partner checked his statement and saw that a payment to MCS had indeed been made, on the arranged date (so before they even rang me)

 

June - MCS call to tell me that they've not received a payment this month. I check the statement, tell them they have, and that they also took double last month. They have no record of either of the standing order payments so I fax them a copy of the statement, having checked that all the details for the MCS account and my reference number are correct. I write on the fax that I request that they phone me when the matter is resolved (as advised by them on the phone)

 

I get a phone call the following day asking me to call back. I do and am again threatened with a CCJ if I do not settle the balance. I explain that I faxed them proof of payments the previous day and that the only reason they should be calling me is to tell me the problem has been rectified.

 

The bloke on the phone gets shirty and says "So you're telling me it's our fault that you haven't paid?" Well, I think yes, it is their fault. I've set up the standing order, as agreed, and have made the payments each month. They've in fact charged me double in May, so if anything, they owe me a month off as they assured me I would not have to pay twice in one month.

 

This is really stressing me out. Every time the phone they ask about my employment situation and my housing situation, which worries me as surely, it's none of their business. I am classed under the DDA as disabled and harassment each month from them threatening me with court action only serves to worsen my condition as I do not deal with stress very well.

 

I'm anticipating a phone call any day now, as it's usually around this date when they call about my 'overdue' payment. But the fact is, I've paid them, and I've proved it.

 

I hope someone can give me some advice on how to proceed.

 

Thanks

Edited July 22, 2009 by Littlemisselvis
MCS not MCA

[PGH7447]

firstly what is the debt for and who are MCA, and they cant issue a ccj without going to court and they would look pretty stupid when you turn up with proof that you had paid,

 

secondly stop talking to these fools make them write, that way you get a paper trail or their stupidity

[Littlemisselvis]

firstly what is the debt for and who are MCA, and they cant issue a ccj without going to court and they would look pretty stupid when you turn up with proof that you had paid,

 

secondly stop talking to these fools make them write, that way you get a paper trail or their stupidity

 

Metropolitan Collection Agency. Debt is for a student interest free overdraft with HSBC (as far as I'm concerned they should bever have closed the account in the first place and passed the debt to these people)

 

Thank you for your suggestion of asking for everything in writing. I'll definitely do so.

[PGH7447]

O them idiots HSBC in house DCA - bunch of morons in my opinion

 

Right so its an overdraft are there any charges on it that hsbc applied?

 

right send HSBC a sar this costs £10 and they have 40 days to supply all statements for this account, when you get them work out if any charges have been added to it. send this by recorded delivery

 

I take it you are paying £50 a month because that is what they forced on you? if the answer is yes then drop the standing order down to what you can comforatably afford say £1 a month:D

 

if after 40 days HSBC have failed to supply the statements then stop paying altogether until they do

 

Subject Access Request - Consumer Wiki

[Littlemisselvis]

MCS my partner has just pointed out that they're called. Metropolitan Collection Services. My brain's gone mushy with reading about them online for the past half hour.

[PGH7447]

Thats correct Metropolitan Collection Services, HSBC in house dca manned by as good a group of threatmonkeys you are liable to find in any self respecting DCA.

[Littlemisselvis]

There are no charges on the overdraft. HSBC closed the account because it was dormant for a while (while I was abroad and they knew I was abroad and thus wouldn't be receiving their letters warning me of the imminent account closure)

 

I wanted to pay back considerably less, but MCS wouldn't agree to it. Now they keep asking me to increase my monthly payments, which I'm not in a position to do.

 

To be honest, I want to get it paid back as quickly as possible because the longer the debt is there, the worse my credit rating gets. (Is this correct? It's what they told me)

[nicklea]

Hi,

 

If the account was in overdraft then there WOULD have been charges and I suggest that you do a sar to find out how much you were charged.

 

As the others have said, you must not pay them more than you can afford.

 

What I suggest you do is to list everything you have to pay. Here is a list so that you don't miss anything out.

 

Mortgage

Rent

2nd Mortgage/Secured Loan

HP agreements

Council Tax

Court Fines / Attachment of Earnings

Electricity

Gas

Water Rates

TV Licence

Car Tax & Insurance

Childrens Activities/Nappies

Child Care

Cigarettes

Clothing

House Insurance

Housekeeping (food etc)

Internet

Life Assurance

Maintenance (Child /ex Partner)

Rental Agreement (TV etc)

Satellite/Cable TV

Telephone (fixed / mobile)

Travel

Personal Pension

Then when you have worked out how much money you have left after paying all of the above, then divide that amount amongst your creditors and that is what you can afford to pay each one of them.

 

With regard to your credit rating, you will already have been defaulted on that account so there is nothing worse they can do - unless they try and take you to court.

[PGH7447]

There are no charges on the overdraft. HSBC closed the account because it was dormant for a while (while I was abroad and they knew I was abroad and thus wouldn't be receiving their letters warning me of the imminent account closure) - I bet there is and it only costs a tenner to find out, which by the way you can add to the charges to reclaim back

 

I wanted to pay back considerably less, but MCS wouldn't agree to it. Not their decision how much you pay Now they keep asking me to increase my monthly payments, of course some threatmonkey wants to boost their holiday bonus which I'm not in a position to do.

 

To be honest, I want to get it paid back as quickly as possible because the longer the debt is there, the worse my credit rating gets. (Is this correct? It's what they told me) - they always say this

 

your call, thats my advice

 

and to add to nicklea's list - incidentals for the little things in life:-)

[welshwizard]

Just a question, you say you set up a standing order - this would mean that your bank controls the payment not theirs. Your bank makes payment to them so if they have paid twice - it is your bank at fault not theirs and you should complain to your bank. If you actually set up a direct debit then their bank would request the payment from your - I beleive that if an error has been made, you are covered under the direct debit guarantee scheme and should be able to get that extra payment back. It would appear to be a bad idea to give these muppets your bank details because they can ask for payment whenever they want.

 

However, this notwithstanding, the advice given here seems good to me and you should first reduce your payment to what you can afford straight away.

[PGH7447]

MCS said they did not get the payment so the OP paid over the phone when in fact they had had the payment so it is not a bank fault but MCS getting greedy