Metropolitan Collections - First Direct

[ITDonk]

First Direct passed Credit Card and Overdraft Debt to Metropolitan, have had one call and now two letters from them. In the call I stated that at this point I was only offering any creditors token £1 payments (I have a budget from the cccs to back this up) the guy on the phone wasnt happy with this went on about relatives etc and that as no agreement had been made would get passed to their solicitors.

 

The debts are £4.3k in total.

 

Got the second letter today and on it they state if I dont contact them and organise a arrangement they will pass to DG solicitors to apply for a charging order.

 

I was under the impression that a charging order could only be applied for if a CCJ had been granted and broken by me, the ccs said that to me, is that the case?

 

At this point what should my next move be, should I aknowledge the letter and send off my cccs budget, CCA them or just do nothing and wait and see what happens next? Should I be worried about court proceddings happening and a charging order being granted.

 

As an aside I am hoping for a lump sum as part of misold ppi from picture hopefully in the next months so ideally I want to make sure any action is stalled till I get this and can offer and lump sum final settlement to my many creditors.

[mr.ton]

Firstly stop speaking to them on the phone & refuse to answer security questions if they phone you.

They will say anything to scare you into paying up.

A charging order is usually only used a threat & is very rarely carried through with.

If you dont own your own home, then its totally pointless.

If you do, then it can only come into force if and when you decide to sell up and move.

I dont think you need to have had a CCJ in the 1st place in order for someone to obtain a charging order? - perhaps other Caggers can clarify that for me????

[B3rty]

Yes you do need to be in default of a CCJ unless you agree to a voluntary order

 

This may put your mind at rest

 

Debt Factsheets - Charging orders in the county court

[hungrybear]

Have you CCA'd them and/or SAR'd them for this yet?

 

you need to know that both debts are enforceable and that they have all the right paperwork for both. And you need all your statements so that you can claim back all the bank charges.

 

....and yes an o/d is covered by the cca despite what they might tell you

[hungrybear]

and b3rty is 110% correct, only a court can issue a charging order and only after a payment plan has been broken and a CCJ default.

[ITDonk]

Have you CCA'd them and/or SAR'd them for this yet?

 

you need to know that both debts are enforceable and that they have all the right paperwork for both. And you need all your statements so that you can claim back all the bank charges.

 

....and yes an o/d is covered by the cca despite what they might tell you

 

No I havent responded at all to them, so CCa is the way forward rather than sending my budget to them? Also should I continue to make a token payment to the DCA as I had been to First Direct?

[hungrybear]

dont change anything - your token payment to FD is still set up with cccs yes? and FD havent told you to stop and pay metro?

 

have first direct sent you notice of assignment to metro?

 

If no then send metro the bemused letter.

 

If yes then send metro the cca request with a one pound postal order

 

AND

 

what other debts do you have and why dont you spend a tenner on a few one pound postal orders and see who you need to pay?

 

and stop worrying about action - the only action the monkey you spoke to can carry out is doing is flies and I bet he only gets that right half the time:D.

 

AND never send your budget to a DCA, only a court can lawfully demand that. If you have to pay a DCA tell them how much they are getting on a take it or get a judge to tell you to take it basis - provided of course that your offer is sensible based on what you can afford

[ITDonk]

No CCCS gave me a budget and their template letters but could not do an official payment plan with me as i have no cash after secured creditors are taken into account. So the payments are by me on a voluntary basis and my offer had never been accepted by First Direct.

 

I dont believe I have had a notice of assignment letter, had one with them terminating my accounts will check through my paperwork to check.

 

My other debts are Mortgage and loan with Woolwich, secured loan with picture.

 

Home loan with GE money.

 

Credit cards with Barclaycard x 2 , Lloyds, Capital one.

 

Also a flexi loan and overdraft with Cahoot.

 

At the minute not getting any hassle off anyone except this new metro one, even Mercers are putting em on a recurring weekly hold after speaking to me each week.

 

I'm currently on Jobseekers and generally havent paid the unsecured debts except for the £1 to each) for five months or so. Once I get back into work should be able to get a proper repayment plan in place with the cccs.

[hungrybear]

donk,

 

I think you should cut to the chase and send a cca plus a quid to metro by recorded delivery tomorrow. That way in 14 working days you'll have a 78(6) dispute and/or an idea of the paperwork they have.

 

what does the letter from metro say at the top - does it say that FD are the OC or their client?

 

Ignore the BS in todays letter, you may report it if you wish - personally I have no faith in the gummy bears at oft and trading standards.

 

And once you've cut your teeth on this one you may want to have a go at:

Credit cards with Barclaycard x 2 , Lloyds, Capital one.

 

but for now i suggest you concentrate on putting metro back in the kennel

[B3rty]

Metropolitan are the in house DCA for HSBC /First Direct & DG solicitors are their in house legal department.

 

So when they threaten you with legal action its really the same people just wearing different hats...

 

Most legal letters and actions in the early stages are auto produced and even the initial court process is done online through Northampton so its possible for someone to get a whole load a of legal letters and even a court claim without a fully qualified solicitor even seeing the case.

 

You need to have a plan of action and that should start with finding out which of your unsecured creditors hold valid agreements so to do that start the CCA process using letter 8 in the list below, in the meantime make the token payments and use your CCCS income statement to validate that's all you can afford....most should put you on a payment plan...your main issues are the secured loans so focus any spare money if and when it comes along on these...its a long process and the longer it goes the easier it becomes to get a F&F at a low rate if that's what you want to do

 

The letters to start are here...

 

The Consumer Forums - Debt collectors

[hungrybear]

Metropolitan are the in house DCA for HSBC /First Direct & DG solicitors are their in house legal department.

 

So when they threaten you with legal action its really the same people just wearing different hats...

 

Most legal letters and actions in the early stages are auto produced and even the initial court process is done online through Northampton so its possible for someone to get a whole load a of legal letters and even a court claim without a fully qualified solicitor even seeing the case.

 

You need to have a plan of action and that should start with finding out which of your unsecured creditors hold valid agreements so to do that start the CCA process using letter 8 in the list below, in the meantime make the token payments and use your CCCS income statement to validate that's all you can afford....most should put you on a payment plan...your main issues are the secured loans so focus any spare money if and when it comes along on these...its a long process and the longer it goes the easier it becomes to get a F&F at a low rate if that's what you want to do

 

The letters to start are here...

 

The Consumer Forums - Debt collectors

 

 

couldnt have said it better

[ITDonk]

CCa request sent, got a letter from them today threatening amonst other things a doorstep visit from a deebt collector, a visit from the county court bailiff coming around and taking goods.

 

Anyway am sending off the doorstep visit letter to them.

 

Also got similar letter from mercers on my barclaycard debts, think the letters came cos it took me a few days to be bothered to answer their phone call to get the 14 day hold put on, last person I spoke to did say was getting close to my debt being sold on. Am sending off the doorstep letter to them as well.

[ITDonk]

Got reply from Metropolitan today asking me to resend the letter with a signiture for them to process the cca request, my next move?

 

nvm found the no signature template letter will send that off to them.

Edited December 3, 2009 by ITDonk