Threat of attachment of earnings order and still no CCA

[Reader]

Another update. Just received another letter saying urgent

communication do not ignore. Telling me they are debt recovery specialists

and that they have been instructed to recover the outstanding debt. The dead

line for a CCA via CPR route for them was 19 September, so they have just

totally ignored all correspondence.

 

Shall I send the 2nd letter for CPR or is there something else more

appropriate.

 

Oh yes and the account number they keep quoting is wrong which I have already told them about!

Thanks Reader

Edited September 23, 2009 by Reader
Forgot bit about account number

[vint1954]

Well, one part of the dispute is over, but the main one not.

[Reader]

Hi another update. Me thinks I have had this before......

 

If you do not contact us we intend to instruct xxxx Solicitors to issue legal proceedings and apply for an Attachment of Earnings order.

 

We should explain that an Attachment of Earnings order may be sent to your employer by the court. It tells the employer to take an amount from your wages each pay day and send the money to court as payment towards your debt.

 

Additional fees and costs will be added to your balance should this course of action prove necessary..........

 

I have sent a CPR request to them directly but it looks like they have totally ignored this.

 

Any ideas of a cracking letter to send?

 

Thanks Reader

[Reader]

Little bump

[Helios]

Have you CCA'd them? not sure why you said CPR when looks as though it hasn't gone to court

 

if they fail to respond to your CCA request after 12 days, you can stop making payments them.

 

Metropolitan Collection Services are owned by HSBC which in turn has DG solicitors, both MCS and DG operate out the same building and nearly all communications you have got is just threats

[Reader]

Hi Helios, I have gone through the cca route via HSBC and this has been passed on to MCS. HSBC have acknowledged my comments regarding a CCA as they only have an application for a current account with a tick box that I was interested in a credit card.

 

As MCS kept threatening legal action I decided to force their hand and asked via CPR 31.6 (the pre one anyway) for the CCA. In return they then sent a cca for a loan that had been settled a few years ago.

 

Is it still worth sending them a CCA request? Not sure how this works if they are inhouse?

 

Thanks Reader

[PriorityOne]

There's no need to re-CCA anyone, providing it was sent by rec. delivery in the first place and you've retained the proof.... You simply need to state when the first one went off, who to and that it was signed for... and suggest they liaise with their "client" before pestering you again or they'll be reported to Consumer Direct, Trading Standards, OFT and the Information Commisioner. Send everything by rec. delivery.

 

There's no need to CPR unless you receive court papers.... They're trying to imply that they have powers that they don't have at this stage by threatening an Attachment of Earnings Order. As has already been said, they'd need a CCJ first and you'd need to have defaulted on it first.

 

[vint1954]

Hi Helios, I have gone through the cca route via HSBC and this has been passed on to MCS. HSBC have acknowledged my comments regarding a CCA as they only have an application for a current account with a tick box that I was interested in a credit card.

 

As MCS kept threatening legal action I decided to force their hand and asked via CPR 31.6 (the pre one anyway) for the CCA. In return they then sent a cca for a loan that had been settled a few years ago.

 

Is it still worth sending them a CCA request? Not sure how this works if they are inhouse?

 

Thanks Reader

Company House register shows them indeed owned by HSBC with no staff. The application should be under CPR 31.16, pre action. They will ignore this.

 

Maybe the next agreement they send you, will be an application to join the local swimming club.

 

They are just daft.

[Reader]

Thanks everyone for your responses, I really appreciate your help.

 

I will keep you updated.

 

Thanks Reader

[Reader]

Hi all just checking through all my files and the default was issues on 12 May received 4 days later and the date to rectify the breach was 26 May. Therefore the default is incorrect. Also they sent a demand for all the balance, does that technically mean they have terminated the account?

 

If that is correct should I tell MCS in a letter?

 

Thanks Reader

[Helios]

Hi all just checking through all my files and the default was issues on 12 May received 4 days later and the date to rectify the breach was 26 May. Therefore the default is incorrect. Also they sent a demand for all the balance, does that technically mean they have terminated the account?

 

If that is correct should I tell MCS in a letter?

 

Thanks Reader

 

If HSBC couldn't provide you with a CCA only sent you a application form and only sent the wrong default notice with the entire balance HSBC are stuffed then and tell them to bog off

[vint1954]

Hi all just checking through all my files and the default was issues on 12 May received 4 days later and the date to rectify the breach was 26 May. Therefore the default is incorrect. Also they sent a demand for all the balance, does that technically mean they have terminated the account?

 

If that is correct should I tell MCS in a letter?

 

Thanks Reader

Keep that to yourself for now. A default notice is not termination.

 

If this is a recent DN, post Dec 2006, then it is flawed in the dates. Have you kept the envelope? Although not too important in this case, as the dates make it flawed, unless they delivered it by hand.

 

Demanding the ballance in full, can be an act of termination, however it is best if they send you a notice of termination or comunicate to you in some way that the agreement has ended. Look back through your papers to see if they have done this.

 

MCS are in house collections, so not sold on yet.

[Reader]

Hi everyone thanks for responding.

 

Vint with reference to the default envelope, I have the envelope stapled to the default notice. I did wonder if the other letter could be constured as a termination but in hindsight peraps that's wishful thinking. I have not had anything from HSBC apart from a letter to say that they acknowledged my comments about the CCA but they stated that it is still a debt and I should honor the payments.

 

What should I do now? I am really annoyed with MCS as they totally ignore any letter I send to them - I have sent quite a few of the letters to MCS via recorded delivery and have proof. Shall I send a prove it letter or am I asking for trouble?

 

Thanks Reader

[vint1954]

Hi everyone thanks for responding.

 

Vint with reference to the default envelope, I have the envelope stapled to the default notice. I did wonder if the other letter could be constured as a termination but in hindsight peraps that's wishful thinking. I have not had anything from HSBC apart from a letter to say that they acknowledged my comments about the CCA but they stated that it is still a debt and I should honor the payments.

 

What should I do now? I am really annoyed with MCS as they totally ignore any letter I send to them - I have sent quite a few of the letters to MCS via recorded delivery and have proof. Shall I send a prove it letter or am I asking for trouble?

 

Thanks Reader

If you have sent them the letter in post #23, wait for their reply. If not you need to send it.

[Reader]

Hi Vint, again thanks for responding.

 

I did send the letter in post 23 as you suggested amended slightly but sent it to MCS recorded delivery, should I send to HSBC?

 

Thanks Reader

[vint1954]

Hi Vint, again thanks for responding.

 

I did send the letter in post 23 as you suggested amended slightly but sent it to MCS recorded delivery, should I send to HSBC?

 

Thanks Reader

They are the same people, different desk.