hsbc sold my loan while i was in complaint with them

[lewisp]

I'm really worried now...

 

I asked HSBC for a copy of my loan contract with signatures , yet they could not provide me with my actual original signature, i wrote another letter statting it is not enforcable and they said they were looking into it.

 

I stopped paying the monthly loan because i didnt believe i should be and if/when i am successfull any monies that are payed are not redeamable. (hence the stopping monthly payments)

 

To my horror and out of the blue i recieve a letter from metropole recovery stating i have to pay the full 11k in full - i was not sure why they were contacting me regarding this situation as hsbc had been dealing with me on a month by month basis , were i call them and ask them if they have come to a conclusion on my argument/disagreement regarding the loan.

 

I called hsbc today and they told me they had no recolection of my loan on their books , only my overdraught, they also told me that they had sold my loan to metropole (without telling me , as i had missed payments).

 

Now i have metropole calling me daily asking for the money, its as if hsbc have ignored my complaints and original letter of complaint.

 

how can i deal with metropole? and why would they buy my loan knowing that there is no original paperwork signed?

 

im very worried about this , please advise me of how to move forward. Does my original complaint still stand about signatures in relation to the cca? they are calling me oday at 6pm.

 

thanks guys

 

lewis

[dx100uk]

an unenforceable CCA is not a magic bullet that wipes debt out. just means they cannot go to court about it.

 

you advantage here is that it has been sold to a dca.

this will mean they picked it up for peanuts.

 

an F&F offer in the region of 10-15% might well close the issue forever.

 

dx

[lewisp]

ok thanks for that, so would i sugest a payment or would they sugest one to me on the phone call?

 

ive been out of work for 4 months only back this month and am stome broke, would they accept £500 + £500 two month running do you think?

[dx100uk]

i'd certain do nothing over the phone!

 

do it in writing only .

 

there is a template letter in the templates library,

 

dx

[lewisp]

thank you very much

[postggj]

Are Metrapole A Dca Or The Banks Inhouse

 

Not Come Across This Lot

[lewisp]

tel for them is 0500992299, think they are dca but i wouldnt know

[postggj]

checking them out now

[postggj]

they are hsbc inhouse dca

 

0500992299 - who calls me from 05-0099-2299?

[lewisp]

so what does this mean? i still have a case with them

[postggj]

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

[lewisp]

thank you , does it mean balifs are coming? or can i avoid them.

[postggj]

well you need to start asking questions

 

where is the notice of assignment

default notice

agreement

statement of account

 

why has this account been sold while in dispute of your cca request they are prohibited from selling while in default and you dont recognise the legal authority of metrapolitan

 

send this also

 

 

Their address

 

 

date

 

 

Your reference................ .......

 

 

Legal notice under the Data Protection Act 1980

 

 

To; The Data controller/compliance Manager.................. .................

 

 

Dear Sir/Madam,

 

 

Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980

I demand that you cease processing of my Data by any means whether written or electronically,with third party individuals and

organisations.In addition to processing,this also means passing,ammending,sharing ,and management in any form of my Data in whatsoever filing,both manually or electronically.

 

In compliance with the Information Commissioners guidance,I give you 14 days to comply with this request.

 

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.

Specifically because;

 

(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files,which relate to unfair charges currently in dispute,and found by the Office of Fair Trading to be unfair.You can also add other stuff here as is applicable and any or all of the following that apply (since you need to show reasons as to why continual processing will or is likely to cause distress harm or damage)

 

(ii)That recorded defaults on my credit files by yourselves are in dispute.

 

(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

 

(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.

 

(iiii) That the adverse data you continue to process,manage and pass on to third parties impedes my ability to apply for credit,mortgages or other financial services.

 

(iiiii)That as a data controller/compliance officer,you have a responsibility under the Data protection act to observe all principles set out therein,within the act.

 

 

I expect an acknowledgement of your intentions to comply,and if you do not agree,your reasons for being unable or unwilling to do so.

I will give you 14 days to forward this to me in writing.

 

 

Under the Data Protection Act,a County Court has the powers to order compliance of any breaches it sees fit,together with compensation,at the discretion of the court.

 

Should you fail to comply,or give just and reasonable reasons as to why you will not comply,I will consider making an application to my local Court on notice to force compliance,together with costs and compensation.

 

Yours Faithfully

 

 

XXXXXXXXXXX

[postggj]

forget baliffs etc

 

they are in big trouble doing this while in dispute of your request

 

no enforcement is allowed while in dispute and if i can confirm the agreement has been terminated

[lewisp]

thanks again

[postggj]

ill do a brief letter for you to send these cretins

 

check back in a few hours

[postggj]

can you post up the post code of metrapolitan

[lewisp]

i think its b151jl, i will check when i get home, thank you very much for this help - it is much apprechiated.

[patrickq1]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/92143-central-debt-recovery-unit.html

 

look at this thread for info post about metropole

[postggj]

Lewis p

Xxx

Xxx

Metropolitan collection services

Xxxx

Xxx

Xx

 

Date xxxx

Your ref xxxx

Elevated complaints procedure

 

Dear sir/madam

I am writing you this letter to be dealt with by your own internal complaints procedure.

You contacted me on xyz with ref to an alleged debt with hsbc.

On contacting hsbc, I was informed that my account has been sold to your company.

On xyz, I made a formal request to hsbc for a copy of my agreement under s77 to s 79 of the consumer credit act.

Hsbc replied that they were unable to locate my agreement and I informed them that a state of default now exists between me and hsbc.

As you are no doubt aware a creditor is prohibited from any enforcement action while the default continues, that includes adding interest, charges, defaulting and selling the account to an outside party.

In relation to this matter and your legal obligations on this account I would require by return the following documents

1. A true copy of the original agreement

2. A true copy of the original default and termination notice

3. An up to date statement on this alleged account including all charges and interest applied, including dates these debits were applied.

4. A copy of the notice of assignment giving your company legal authority over this account

5. A copy or the recorded delivery track and trace number to comply with service as to the law of property act 1925

Enclosed is an s10 data protection act notice informing you to cease processing my data if you are unable to comply with my request.

 

Yours sincerely

 

Xxxx

 

 

 

 

Their address

 

 

date

 

 

Your reference................ .......

 

 

Legal notice under the Data Protection Act 1980

 

 

To; The Data controller/compliance Manager METRAPOLITAN COLLECTION SERVICES

 

Dear Sir/Madam,

 

 

Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980

I demand that you cease processing of my Data by any means whether written or electronically, with third party individuals and

organisations. In addition to processing, this also means passing, ammending, sharing ,and management in any form of my Data in whatsoever filing, both manually or electronically.

 

In compliance with the Information Commissioners guidance, I give you 14 days to comply with this request.

 

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.

Specifically because;

 

(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files, which relate to unfair charges currently in dispute ,and found by the Office of Fair Trading to be unfair.

 

(ii)That recorded defaults on my credit files by yourselves are in dispute.

 

(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

 

(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.

 

(iiii) That the adverse data you continue to process, manage and pass on to third parties impedes my ability to apply for credit, mortgages or other financial services.

 

(iiiii)That as a data controller/compliance officer, you have a responsibility under the Data protection act to observe all principles set out therein, within the act.

 

 

I expect an acknowledgement of your intentions to comply,and if you do not agree, your reasons for being unable or unwilling to do so.

I will give you 14 days to forward this to me in writing.

 

 

Under the Data Protection Act, a County Court has the powers to order compliance of any breaches it sees fit, together with compensation, at the discretion of the court.

 

Should you fail to comply, or give just and reasonable reasons as to why you will not comply, I will consider making an application to my local Court on notice to force compliance,together with costs and compensation.

 

Yours Faithfully

 

 

XXXXXXXXXXX

 

 

TELEPHONE HARRASMENT

 

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

 

Yours faithfully,

 

 

SEND THAT LOT TO METRAPOLITAN BY RECORDED DELIVERY

[postggj]

If They Phone Tonight Tell Them The Account Is In Official Dispute And Read Word For Word My Letter

 

Dont Let Them Bully You

 

Or Dont Go Through Security And Say Everything In Writing

[johnnymitch]

Hi lewisp , welcome to the forum

 

I'm really worried now...

 

I asked HSBC for a copy of my loan contract with signatures , yet they could not provide me with my actual original signature, i wrote another letter statting it is not enforcable and they said they were looking into it.

 

Have they stated in writing that they can't provide a true copy of the agreement . ? If so , keep that letter safe , if not press them for it....they are obliged by law to tell you if they haven't got it .

 

 

I stopped paying the monthly loan because i didnt believe i should be and if/when i am successfull any monies that are payed are not redeamable. (hence the stopping monthly payments)

 

To my horror and out of the blue i recieve a letter from metropole recovery stating i have to pay the full 11k in full - i was not sure why they were contacting me regarding this situation as hsbc had been dealing with me on a month by month basis , were i call them and ask them if they have come to a conclusion on my argument/disagreement regarding the loan.

Most important that you don't worry yourself about Meteropolitan Collection services - as has been stated already , they are not a real DCA , only HSBC's debt collection 'Department'...... and they will try to bully you into paying something .... this account is in dispute and should not have been passed even to them , technically , but never mind ....

Their address (as requested by postccj) is :

Metropolitan Collection Services Limited

Debt Recovery Specialists 56 St James Road, Edgbaston, Birmingham B15 1JL

 

which is HSBC's Birminham HQ ..............

 

 

I called hsbc today and they told me they had no recolection of my loan on their books , only my overdraught, they also told me that they had sold my loan to metropole (without telling me , as i had missed payments).

Did they write and warn you they were going to do this ?

 

Now i have metropole calling me daily asking for the money, its as if hsbc have ignored my complaints and original letter of complaint.

 

 

 

 

how can i deal with metropole? and why would they buy my loan knowing that there is no original paperwork signed?

As they are not a real DCA , I don't think they buy the loan.... only chase it for HSBC ,,,,,

 

im very worried about this , please advise me of how to move forward. Does my original complaint still stand about signatures in relation to the cca? they are calling me oday at 6pm.

 

thanks guys

 

lewis

 

It's important that you don't let it worry you too much , especially over the festive season , plewis..... you can bet your boots they won't be losing any fun/sleep over it ......

You've had lots of good letters suggested -use what suits you and as has also been said .. don't let them bully you ....they thrive on it ...

 

If I could direct you to Pete Castlebest's dealing with MCS on this link I think you'll see where I'm coming from :

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/125577-metropolitan-collection-services-action.html#post1311983

 

There is a lot of help to be had on here plewis , so keep in touch and ask if you're in any doubt .... someone will answer ......... and we're user-friendly ......

Edited January 4, 2010 by johnnymitch

[lewisp]

i recieved a new letter yesterday that was dated for the 24th december. it says URGENT COMMUNICATION DO NOT IGNORE

 

letter outstanding balance £11460.66

 

it says MR (ME)

 

We are disappointed to note that we have been unable to come to an arrangment to clear the outstanding balance on your account.

 

You must telephone us immediately on 0500992299 to confirm when full repayment will be made

 

If you do not contact us we intend to instruct DG 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 nessasary.

 

contact to prevent this action

 

yours sincereley

 

metropolitan collection services ltd

 

their address is : 56 st. James Road, Edgbaston, Birmingham, B15 1JL

 

What do you guys reccomend i send them? thanks in advance

Edited January 4, 2010 by lewisp

[mkb]

You need to edit your last post as it contains your name!!

 

Did you send all the stuff as previously advised?

[lewisp]

You need to edit your last post as it contains your name!!

 

Did you send all the stuff as previously advised?

 

ok thanks, yes they have gone in the post , but their letter was dated the same 24th dec