Metropolitan collections and warrent of execution threats

[pink.sapphire]

Hi all

I have a £5000 loan with HSBC from when i was working and a £1250 overdraft some of which made up of charges (£3000 in three years. Which i tried to claim back due to hardship but HSBC refused untill court case is over).

I had to open an account elsewhere as HSBC would take the child benefit, so now theres no money going in the accounts.

Now im not working i joined a debt management programme which have been paying HSBC £40 a month but they wont come to a formal arrangment reguarding it and ignore correspondance.

Recently ive been bombarded with phone calls from metropolitan then letters and now they have sent a threatening letter stating they intend to instruct DG solicitors to issue legal proceedings in form of a warrent of execution.

Where do i stand with this? as i have been trying by making payments of £40 each month.

Does anyone have any advise for me?

Thanks in advance

[cerberusalert]

they intend to instruct DG solicitors to issue legal proceedings in form of a warrent of execution.

Not possible without a CCJ and even then you would have to had defaulted on those payments which would be a lot lower than £40 per month.

[cerberusalert]

Have you sent them a CCA request to see whether this loan agreement is enforceable? http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[itsamomentintime]

you may want to report them to othe OFT for misleading you re the warrant of execution

[Bazooka Boo]

you may want to report them to the OFT for misleading you re the warrant of execution

 

Delete 'may' and enter 'WILL'

 

The Office of Fair Trading: Contact us

[email protected] (the email is your best option)

 

And as the OFT are toothless, report them to these also;

Financial Ombudsman Service

 

Consumer Direct

 

How to Complain

 

And for the cheek of threatening a WofE & dropping the Solicitors in it complain to these also;

Solicitors Regulation Authority - Code of Conduct: contents:-D

 

Boo:wink:

[the_shadow]

Not possible without a CCJ and even then you would have to had defaulted on those payments which would be a lot lower than £40 per month.

 

As Cerberusalert has pointed out, clearly misleading if they have no prior CCJ judgement.

 

£40 seems an awful lot to someone not working and just with child benefits, they should feel lucky they get that much!

 

I've seen people on here pay between £1 and £5 when they are out of work or relying on benefits.

 

S.

[babybear39]

Talking through their rear orrifices again

 

You really shouldn't be paying anywhere near that much a month if you're not working. What DMP company are you using? CCCS, payplan?

[pink.sapphire]

Thanks for your reply am with Gregory Pennington debt management company. Its £99 a month which i find hard to manage as im unemployed with 2 young children. i also have mental health problems and the threats dealing with HSBC was my main reason for joining Gregory pennington.

I have 4 creditors but HSBC is the major one.

[pink.sapphire]

Thank you everyone for your kind advice.

[pink.sapphire]

Thanks for your reply am with Gregory Pennington debt management company. Its £99 a month which i find hard to manage as im unemployed with 2 young children. i also have mental health problems and the threats dealing with HSBC was my main reason for joining Gregory pennington.

I have 4 creditors but HSBC is the major one.

...

[babybear39]

Exscuse me for asking but how much of that £99 is going towards your alleged debts?

[mjc007.5]

Hiya,

 

Same question came into my head as babybear - also just about to enter into DMP with CCCS myself and know that for your circumstances amount seems way high.

 

From the Gregory Pennington website:

 

How much do I pay?

A. At Gregory Pennington, we are committed to being completely clear and open about the charges for our services. Your first monthly payment is an initial fee for setting up our Payment Programme and is not paid to your creditors. This will place your accounts into arrears or further into arrears. There’s a monthly fee of 15% included as part of your affordable monthly payment (subject to a minimum of £29.50 and a maximum of £90.00).

 

 

The set-up fee includes:

• Compilation of the Draft Programme
  
• Appointment of a dedicated Personal Finance Manager
  
• Communication with your creditors either in writing or by telephone
  
• Preparation of the financial statement
  
• Calculation and issue of the reduced repayment proposals
  

I am sure would not be only one to suggest this but if you can reach whatever minimum threshold they employ (I think one of them will start you at £50??) then you really should consider moving to one of either payplan or CCCS. They will do this for FREE

 

According to their website this lot took your first payment of £99 as a fee (placing you in arrears/further in arrears) and have been taking (at least) 30% of what you have paid ever since. Given your income situation it also does not sound like there has been any proper consideration of "pro-rata" payments from "disposable" income once your priority debts have been paid.

 

There are many here that will be able to help with the whole reclaiming of charges and fees thing as well. Also, if HSBC actually took benefit money from your account I am sure that must be in breach of something?? Finally, with mental health problems and two young children I think it likely that some of the debt collection practices that have already been employed against you would be contrary to guidance at least in terms of dealing with vunerable people! (others more experienced can be more specific).

 

Amazing what personal experience and lurking here amongst these fine folk will give you in a very short time (found them in April this year!).

 

All the best and keep posting

[the_shadow]

Hi Pink.Sapphire... this could be why HSBC are playing hardball, they dont like DMP's that are paid for, they would prefer you to use the charity ones.. a no brainer really as they see the money you are paying the DMP as being funds they could have had if it was a free plan.

 

If you are happy with your DMP then by all means continue.

 

As to the charges, do you have your case in court. As you receive benefits this should be free but I think you really do need to get your charges claim into court. Doing this means if HSBC DO attempt to take you to court they would come up against your claim to counter theres. Dont think they'll risk a large chunk of the outstanding debt coming off the balance if a judge sees fit

 

S.

[izzitme101]

I have found paid for dmp's can be helpful if you do the paper chasing.

If you can get any kind of original agreement thats not enforcable, and provide it to them, they will usually deal with it favourably.

[mr.ton]

This all sounds extortionate to me.

You should be paying £1 per month, authorised by a court & once all your outgoings have been taken into account...

[brokebutnotbeatn]

I believe CCCS and Payplan will only operate if you have a minimum of £100 to put towards a DMP. Anything less and you're on your own. As you are on benefits and out of work I would write to them all offering £1/month and play hardball. I do agree that in your circumstances that are so clear cut its crazy to be paying someone to run a plan for you. Note, I do pay for a DMP so I have no axe to grind here. You do not need to provide any creditor with a breakdown of your expenditure. Don't sign anything and don't use a DD mandate. Benefits are NOT paid to pay debts off, they are paid to help you feed, clothe and keep a roof over your head. Good luck.

[DDWales]

This all sounds extortionate to me.

You should be paying £1 per month, authorised by a court & once all your outgoings have been taken into account...

 

Agree with Mr T here. This is alot of money for you. Payplan do not charge for example. Went on a DMP with them over a year ago and sorted quite a few things out. Im with Metro too with regards to an HSBC overdraft so know how you feel. Was paying them £80 a month! Have stopped that and are waiting thier next move

Edited July 28, 2009 by DDWales
spelling

[ScarletPimpernel]

The other point to make is that HSBC are in breach of the OFT Guidance if they are contacting OP direct when they know an authorised third party is acting.

[brokebutnotbeatn]

unfortunately they will always communicate with you and only sometimes with the appointed 3rd party. The 3rd party provides pre-paid envelopes for you to forward all correspondence to them to deal with. It might not be right, but its what they all do. However, I have not had to deal with sending my DMP or follow up with calls re where the money they're taking is going and that suits me just fine!

[Bazooka Boo]

The other point to make is that HSBC are in breach of the OFT Guidance if they are contacting OP direct when they know an authorised third party is acting.

 

A list of links for you to send your complaints to is in order I feel!

 

[email protected]

 

The Office of Fair Trading: Contact us

 

Consumer Direct

 

How to Complain

 

Boo;)