maria100 v HSBC

[maria100]

Hi all,

 

Have been reading lots of info on this site and have been inspired to reclaim my charges from my old HSBC account especially when they were less than helpful at a time when I was having a fair few financial difficulties.

This morning received the statements along with my cheque returned and standard letter from Ian Shepherd and have already gone through everything and sent the preliminary letter with schedule of charges.

 

Can't wait to recover MY money that I thought was irrecoverable!!!

 

Just one question, the account is now closed but they sold one of my debts to MCS who I pay a minimal amount to every month, do I need to inform them or can I keep the money to myself?? Can't find the answer anywhere:-?

[sar011279]

Hi Maria

As far as I'm aware you don't need to inform MCS. It's your money, if you decide that you want to pay off MCS then that's your decision, make sure you ask for a cheque. HSBC shouldn't know anything about your dealings with MCS now anyway, as far as they know you could have paid of the debt completely.

GOOD LUCK!!

[rdm2006]

Make sure that you ask for payment by cheque when they make your offer as they have been known to attempt to clear debts with this money

[maria100]

Thanks for the advice, I will make sure I ask for a cheque in that case cause I want to clear other debts first. Will keep you posted of progress.

[winnie123]

Hi Maria100

 

Intrested to Know what happens with your claim. I sent away my sar on the 15/08/06 so waiting for my statments for my old HSBC account and my partners we also had our account debt passed to Metropolitoan collection agency I am also anxious to know whether or not they demand for the debt to be payed off. I will also be asking for a chq but I note from a couple of threads over the last few days that people who still have open accounts with HSBC and a current overdraft have requested chq's and had this request declined by HSBC.

[maria100]

Hi Winnie123,

 

I had my statements through in just under 2 weeks so you should receive yours soon. I understand that they cannot request that I pay off the debt cause they have in effect sold it on to mcs (it was for a loan) and my agreement with mcs is a separate issue now, especially as the account is closed. the amount I'm claiming in charges would not even come close to covering the debt and they way I see this is that they have to pay me by cheque as I no longer bank with them.

 

I will keep you updated of progress though and wish you luck, not that its needed!

[naz-t]

excellent! glad to hear they have sent your statements now stick em for what they owe you!!

getting excited already lol, like a big kid, how are you doing?

[maria100]

Help!!!!! Anyone????

I have just seen a post on somebody elses thread that worries me greatly........due to my outstanding debt with MCS, is it true that they are within their rights to demand payment in full within 7 days (or whatever time they give) just because I want my money back for unfair charges??????? It seems someone else has had a similar experience and HSBC advised MCS who in turn got on the wagon by threatening legal action!!!!

I just don't have any means of paying off the MCS debt and the amount I'm looking to reclaim in charges will not even come close, should I give up now???????

[stephie]

Absolutly not. My understanding is that the money that they took is yours, therefore you decide who gets paid, especially if you have more priority debts to deal with, including living costs etc...etc... MCS have a seperate contract with you then the one you had with the bank, the two are seperate. You simply need to make them aware all along that you'll settle for cheque and cheque only, otherwise you'll proceed with court action. They don't want to go to court, trust me!!!!!!!!!

[maria100]

Thanks Stephie, after a sleepless night I've decided to carry on regardless, if MCS do get involved let them try and take me to court cause they can't have what I don't have to give. I WILL get a cheque out of HSBC! Defiant to the end!!

[winnie123]

Hi Maria

 

Would be intrested to know who's thread you have been reading !

[maria100]

Hi Winnie, its in Flower_chops vs HSBC, take a look - scared me half to death but other people keep tellin me that they can't take what I haven't got and its MY money! We shall see.

[naz-t]

any movement for you yet on this maria? im ready to send off my LBa your on about the same time scale as me eh?

[maria100]

No response received but LBA under way to be sent on Tues, so I guess I'll just sit tight for another 14 days after!

[angela1606]

thats right sit tight nearly there

[maria100]

Thanks Angela, LBA sent off today - recorded this time. Congrats on your win by the way

[naz-t]

maria just to let you know i received an offer from the HSBC today for £1700 !! so your not too far away eh>?

[winnie123]

Maria

 

Have read flower chops thread was quite intresting have you read the thread by sarah as well ? Also a eye opener I will be sending my LBA on the 14/09 if nothing heard so just behind you - does anyone know if like DG Soliciotors MCS is a inside debt agency employed by HSBC ????

[maria100]

I have read flower chops thread and have to say I'm getting a little worried again but as I've said, if I end up in court I can prove I can't pay up anymore than the monthly amount the are already getting. I too have more important debt to settle and will do my best to push for a cheque.

[flower_chops]

Hey Maria,

I read the replies to my thread and to be honest I don't think you have anything to worry about. The final demand thing is a big fat threat (according to CCCS) and you can only pay what you have. They would have to take you to court and the court would then set up a payment agreement. That money you are claiming back has nothing to do with MCA. You are paying them what you can and would have a budget to prove it. With me, I do not own a house or a car or anything worth more than around £50 (even computer is OH's!). So, if HSBC OR MCA (if my debt ends up with them) demand a final payment they can go whistle as I'm paying every penny I can!

 

Best of luck with everything and particularly your claim and debts - I know what it's like! And dont worry - just think of that cheque dropping on your doormat!

[maria100]

Thanks flower chops, its good to know there are a few people (even if we are a minority) in a similar boat, I know your right, just got worried when I read somewhere "they are within their rights" to demand the o/s balance!! I will continue to fight for MY money regardless, good luck to you too.

[flower_chops]

Glad to hear your PMA!

 

If you ever need advice on things like the debt I can highly recommend MoneySavingExpert.com ad-free, free to use, Consumer Revenge! which is the website which recommended this one to me!

[maria100]

Thanks for the link flower chops, I'll have a look, cutting back seriously at the mo. I've not heard a word out of HSBC yet looks like it will be MCOL next week, luckily its also pay day on the issue date.

[maria100]

Quick update - MCOL done this evening, still no word from HSBC up til now (not even a get lost ltr). Oh well, now I get to claim the interest too so can't be that bad!!!

Hoping it won't take long now, everyone else seems to be getting an offer at least.

[naz-t]

full amount plus intrest coming your way soon!!!