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DG Solicitors and friends son 'managed loan' with HSBC


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Hello,

 

I wonder if anyone will be able to help here please?

 

I am actually writing on behalf of a friend this time.

 

My friends son had accounts with HSBC several years ago.

 

A student current account, then a business account,then a manged loan when the business failed. It appears that the two accounts got merged into the managed loan. Then the account got passed to Metropolitan Collection Services who he made payments to for some time. Recently they have been chasing him for the full outstanding amount. He phoned HSBC who informed him that the account was not with them anymore but MCS.

He then sent a CCA request to Metropolitan earlier this month, I don't think the 12 + 2 is up yet.

Problem is he has now received a letter from DG Solicitors threatening Court Action unless he pays within 14 days, and also stating the account as an account with HSBC.

 

What is the next step he should take? Does he write to HSBC or DG Sols. telling them about his CCA request or should he do nothing?

I won't be able to look at the paperwork until later today, when my friend brings it round.

She was actually in floods of tears on the phone, telling me about this, sick with worry for her boy.

As my own problems haven't been like that I really don't know what to suggest to her, hence I'm asking you people for advice please.:)

Thanks in advance.

 

Molly:)

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That is Metropolitan's response to a request for a copy of the agreement - there may not be one and if there isn't or if what they have is unenforceable, they cannot take it to court. They also cannot demand the full balance without issuing a Default Notice first but tell him to keep that under his hat for now as he can use it in court if needs be. As soon as the 12 + 2 days are up, he needs send them the Account in Dispute letter here on site. He also needs to find out if Metropolitan owns the loan or are just working as agents for HSBC. If they do not own the loan, they cannot take him to court. This sounds like a threat with no legal standing just to put pressure on him to pay.

 

Tell his Mother to behave! :lol: What is the worst case scenario? He gets taken to court. He offers to pay at £1 per month because that is all he can afford. The judge says "Fine" and makes an order for £1 per month then everyone goes home for tea - it's that simple. They may huff and puff but they cannot blow his house down nor is he going to be hung, drawn and quartered - Ha!

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Hi Pinky,

Thanks for that:)

I'll pass it on. Personally I wouldn't be too concerned, having survived the Marlin experience, with lost of help from all the super people on here:)

I may be back for further help if that's OK.

 

Regards

Molly

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Just for info... Metropolitan and DG are both HSBC with different hats.

 

Metropolitan is their in-house collectors and DG are the in-house solicitors.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

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Hi again,

My friends son has had a further letter from DG Sols. thanking him for his letter dated xxx (this was the CCA request sent to Metropolitan Collections)

They are requesting he resubmit the letter to verify the signature!!!

I know he didn't sign it in the first place.

Their time for CCA is up on the 4th October.

Are they just stalling? Does he have to do that?

Bit cheeky I think:mad:

Any advice please?

Thanks in advance

Molly

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Hi again,

My friends son has had a further letter from DG Sols. thanking him for his letter dated xxx (this was the CCA request sent to Metropolitan Collections)

They are requesting he resubmit the letter to verify the signature!!!

I know he didn't sign it in the first place.

Their time for CCA is up on the 4th October.

Are they just stalling? Does he have to do that?

Bit cheeky I think:mad:

Any advice please?

Thanks in advance

Molly

 

There is nothing in the regulations that say you have to sign the s78 request. They are just being bl**dy minded as usual

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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He can tell DG solicitors that as they were quite happy to contact him asking for payment on an alleged account they can have no doubt about his identity and if the CCA is not forthcoming within the legal timescale he will put the account into dispute until such times as they forward him a true copy of the alleged agreement.

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He doesn't have to sign it. They have been happy to correspond with him on a confidential basis for quite some time already.

 

For a bit of mischief, you might suggest he sends back a letter with a signature completely different to his normal one. Should that false signature then appear on an agreement, you will know and be able to prove it has been 'recreated'. Also point out that the clock started ticking with the original request.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Hi

 

Thanks Shadow & Pinky.

Thought as much:)

I thought maybe he could ask them to send it to his local branch of HSBC and he could verify and collect from there...

But, oh no, they say they are acting on behalf of HSBC, who say the account is not theirs anymore:)

Thanks again.

 

Molly

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I had a similar situation recently With First Direct.

 

I sent them a copy of the letter below swiftly followed by a 'Account in Dispute' letter as soon as they passed the 12+2 deadline.

 

Soon after, they sent the CCA without any further fuss!

 

 

 

Dear Sir/Madam,

 

RE: Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2008 the contents of which are noted.

 

In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008.

 

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested

 

Yours faithfully

 

Print dont Sign

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Hi

 

Thanks Shadow & Pinky.

Thought as much:)

I thought maybe he could ask them to send it to his local branch of HSBC and he could verify and collect from there...

But, oh no, they say they are acting on behalf of HSBC, who say the account is not theirs anymore:)

Thanks again.

 

Molly

 

These firms do make me laugh, trying to claim their own internal DCA's are nothing to do with them

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Shadow,

HSBC claims they SOLD the account to MCS. The person in question phoned them and that is what they told him.

 

I've suggested to him,that if that is the case, he should write to them and ask to see the NoA, which he hasn't got.

 

I think they may be 'fibbing'.:)

 

Molly

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Shadow,

HSBC claims they SOLD the account to MCS. The person in question phoned them and that is what they told him.

 

I've suggested to him,that if that is the case, he should write to them and ask to see the NoA, which he hasn't got.

 

I think they may be 'fibbing'.:)

 

Molly

 

Yep sounds soooo much more serious having a debt sold on rather than passed along the corridor to the next cubicle with a free pleb in it.

 

"fibbing" nah impossible as banks never lie ;-D

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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