backdoor HSBC/DG CCJ - Now going for CO to seize my home?

[AnimalMagic]

Thanks Jon Cris, but what is a CCA?

[JonCris]

This

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77/79 (1) for rolling or fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 18012024.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

4. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

5. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

6. Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce the agreement in law

[AnimalMagic]

I have had a response which states 'In the meantime we have requested a copy of the comfirmatory overdraft letter that was sent to you, as signed agreements are not required for overdraft facilities.' I have still not received this 'comfirmatory overdraft letter'.

 

Any advice?

[AnimalMagic]

Anyone able to comment? How can someone owe money if there is no agreement?

[pmhcfc]

Anyone able to comment? How can someone owe money if there is no agreement?

 

A CCA does no cover current accounts, however there is a discussion raging about overdrafts being a form of running credit. I dont think that discussion hs bee solved yet though.,

[AnimalMagic]

Any suggestion on what I do now...

[AnimalMagic]

Sent a recorded delivery to First Direct's registered company address as on the Company's House website. It was returned with 'unknown at this address' :o

 

Needless to say, I am sending a complaint to companies house (for all the good that will do...)

 

And yes, I have already sent a copy to the address on their website.

[Phonesurgeon]

If you are sending a sar send it to

 

First Direct

40 Wakefield Road

Leeds, West Yorkshire

LS98 1FD

 

this is the address i ve been using for all the correspondence, unless you want to file your N1 at court then you need to use their HQ address

 

Hsbc Bank plc trading as First Direct

8 Canada Square

London

E14 5HQ

[AnimalMagic]

No penalties or interest to be applied while agreement in dispute.

 

Is this specific to the CCA? or would it apply more generally to other agreements?

 

Anyone point me to the statute?

[AnimalMagic]

Does anyone know the relationship between Metropolitan Collections and First Direct? Are Metropolitan owned by First Direct?

[bennyowen]

Metropolitan collections is a debt collection company. First Direct is a Bank owned by HSBC.

 

I am not sure if First Direct owns Metropolitan Collections. If you give more details of your situation, we maybe able to advice further.

[AnimalMagic]

Thanks Benny.

 

I will be posting my own threads in due course. I am still going through the enormous thread on CCA (up to p267).

 

I have an alleged debt from FD which was passed to Metroploitan, then to DG Solicitors and I wish to understand the real relationship. I am already aware that DG Solicitors are in house with FD, so I am assuming Metropolitan is. Can anyone answer the question

Are Metropolitan owned by First Direct?

[Phonesurgeon]

AFAIK Metropolitan Collections is the in house collection department for HSBC in general.

DG Solicitor is the law firm for HSBC.

You are dealing with FD and Metrpolitan collection and DG Solicitor... part of the same HSBC Group.

I am in the same boat as you are

[AnimalMagic]

Thanks PhoneSurgeon,

 

Thought they must've been closely connected...

[AnimalMagic]

Where do I start?

 

Between 2001 and 2006 I had no income due to the effects of a noisy neighbour problem which devastated our lives. I lost my business and both my wife and I were unable to work for 5 years. We were refused any benefits. My wife is still to ill to work and I am unable to restart my business because I cannot open a bank account due to the entries on my credit file! There is much more to tell, but I won't bore you

 

I had an account with First Direct with a small overdraft facility. In 2005, I requested a temporary increase initially of £6,000 in order to restart my business. I revised this to £10,000 in order to do some urgent repairs to our water tank and bathroom. Despite having had an excellent record with FD and having had a AAA credit rating for 30 years, the overdraft was refused. I have no complaint about this, as I accept the bank has the right to refuse.

 

However I also have the right to move my banking business elsewhere. When I did this, the bank closed the accounts and insisted on immediate repayment of some £1500 I had already overdrawn, some of which was bank charges. I informed them repeatedly that I wasn't in a position to repay and I disputed the amount due to the excessive bank charges that they had applied. I wasn't able to deal with this very well at the time as my wife was very unwell, we had had repossession proceedings started against us, and the management of our apartment started an action against us for outstanding service fees.

 

First Direct started a court action early in 2006, which I didn't know about until I received judgement. They have since proceeded to get a charge against my property. I haven't been able to tackle this as we have had to deal with the higher priority items, like saving our home and dealing with the bullys in our management and also attempting to deal with the IR. Incidentally we managed to get the repossession suspended and we won our counterclaim against our management Now for First Direct and the IR...!

 

I am now at the stage of applying to have the FD CCJ set aside.

 

FD have defaulted on a DPA request of 11 Oct 2006. They have also defaulted on a CCA request of 5 Nov 2006. I suspect they may be claiming they already sent me the DPA info last year, but the original agreement supplied was illegible and missing the T&C. I also now need the telephone logs and transcripts of the conversations. I have traced my unresolved dispute over the charges back to Nov 2005, prior to them taking court action, but I am certain I raised this earlier, presumably in a telephone conversation. I also need the telephone conversations to detail the number of times I told them that I would only accept communications in writing...

 

So can I force them to provide the telephone transcripts under the DPA?

 

Is there someone with experience willing to go over my reasons for having the CCJ set aside, preferably by email?

[Guest ian cognito]

The results I received in my reply to my DPA request to FD contained all the file notes from my account, mostly taken from telephone conversations i had with them, some interesting stuff on there too! I assume they do this with all customers and if they don't with yours, I should be asking them why. Have you sent the DPA non compliance letter from the templates library?

 

Can't help with the CCJ I'm afraid but someone will be along soon who can, I'm sure!!

 

Good luck.

[AnimalMagic]

Have you sent the DPA non compliance letter from the templates library?

 

No, I have only just got around to looking at this in detail. I asked for all correspondence last year and they did send the correspondence including an illegible copy of the original agreement. I then sent a DPA request in Oct 2006, but that has been ignored. I will send the non compliance template off shortly.

 

I have only been forced into dealing with this now because of the inability to open a bank account, plus some of the other pressure is now off.

[Richard Spud]

METROPOLITAN COLLECTION SERVICES LIMITED – WHO ARE THEY?

 

INTRODUCTION

 

It is noted that many contributors have dealings with the above Debt Collection Company regarding Consumer Debts with HSBC Bank plc, therefore it may assist readers in establishing exactly who they are dealing with by considering the information contained in this posting which has been obtained from public records, and other published material, and which covers such topics as:

 

Metropolitan Collection Services Limited is part of HSBC Bank plc - Information

 

Central Debt Enforcement Agency is a trading name of Metropolitan Collection Services Limited - Information

 

HSBC Bank plc has £27,455.00 in unsatisfied County Court Judgments lodged against it - Information

 

“Financial Services Authority Fines HSBC Bank plc £100,000.00” – Article

 

It is understood from public information that Metropolitan Collection Services Limited (which has 5 other trading names) is a wholly owned subsidiary of HSBC Asset Finance (UK) Limited that is a wholly owned subsidiary of FTG Limited that is a wholly owned subsidiary of HSBC Bank plc that is a wholly owned subsidiary of HSBC Holdings plc (the ultimate owner of Metropolitan Collection Services Limited).

 

It is also understood that the Company Secretary of Metropolitan Collection Services Limited is the same for HSBC Asset Finance (UK) Limited and FTG Limited.

 

It is further understood that DG Solicitors is the practising name of solicitors employed by the HSBC Group.

 

Whether contact is from HSBC Bank plc, the Collections Department thereof, Metropolitan Collection Services Limited (and under any of the other 5 trading names) or DG Solicitors, in effect it appears as these matters remain in-house and are dealt with by staff employed by the HSBC Group.

 

INFORMATION

 

“HOLDING COMPANIES OF Metropolitan Collection Services Limited

 

Company name: HSBC HOLDINGS PLC

Relationship: Ultimate

Level of Ownership: 01

Country of Registration: United Kingdom

Company Registration: 00617987

 

Company name: HSBC BANK PLC

Relationship: Wholly Owned

Level of Ownership: 02

Country of Registration: United Kingdom

Company Registration: 00014259

 

Company name: FTG LIMITED

Relationship: Wholly Owned

Level of Ownership: 03

Country of Registration: United Kingdom

Company Registration: 01143819

 

Company name: HSBC ASSET FINANCE (UK) LIMITED

Relationship: Wholly Owned

Level of Ownership: 04

Country of Registration: United Kingdom

Company Registration: 00229341

 

SHAREHOLDERS OF Metropolitan Collection Services Limited

 

Name: HSBC ASSET FINANCE (UK) LIMITED

Shares: 2 ORDINARY £1 SHARES

Country of Registration: United Kingdom

Company Registration: 00229341

 

LINK TO COMPANIES HOUSE SEARCH: WebCHeck - Problems

 

NOTE: For £1 per document copies of company records can be downloaded i.e. Articles of Association, Filed Accounts, Annual Returns, List of Members etc.

 

INFORMATION

 

Public information held at the Information Commissioner’s Office indicates that METROPOLITAN COLLECTION SERVICES LIMITED is a Registered Data Controller (Registration No. “Z5518969”) and also trades under the following names:

 

“CENTRAL DEBT ENFORCEMENT AGENCY

 

PAYMENT SERVICES BUREAU

 

MAITLAND COLLECTIONS

 

FIVE WAYS RECOVERY SERVICES

 

BANCROFTS”

 

LINK TO ICO SEARCH (enter: “Z5518960” in the Registration Number Box): http://www.esd.informationcommissioner.gov.uk/esd/DoSearch.asp

 

INFORMATION

 

The Registered Office address of:

 

METROPOLITAN COLLECTION SERVICES LIMITED

 

With Companies House (Registration No. 01475006) is:

 

56 St. James Road, Edgbaston, Birmingham, B15 1JL

 

As situated at the junction of St. James Road and Calthorpe Road (as shown with Royal Mail)

 

See Royal Mail Address / Post Code Finder http://www.royalmail.com/portal/rm

 

See Google Earth Google Earth which shows a small white building in the grounds of HSBC 12 Calthorpe Road, Edgbaston, Birmingham, B15 1RA (as shown with Royal Mail)

 

The Register of Members Address is: 8 Canada Square, London, E14 5HQ

 

INFORMATION

 

The Address of:

 

METROPOLITAN COLLECTION SERVICES LIMITED

 

With The Information Commissioner’s Office (Registration No. Z5518960) is

 

56 St. James Road, Edgbaston, Birmingham, B15 1QZ

 

As situated at the junction of Monument Road and Plough and Harrow Road (as shown with Royal Mail)

 

See Google Earth which shows a Royal Mail District Sorting Office.

 

INFORMATION

 

The address of:

 

HSBC Asset Finance

 

With Royal Mail is:

 

Forward Trust House, 12 Calthorpe Road, Edgbaston, Birmingham, B15 1QZ

 

See Google Earth which shows HSBC 12 Calthorpe Road, Edgbaston, Birmingham, B15 1RA

 

INFORMATION

 

The Registered Office Address of:

 

HSBC Asset Finance (UK) Limited

 

With Companies House (Registration No. 00229341) is:

 

8 Canada Square, London, E14 5HQ the same as with The Information Commissioner’s Office (Registration No. Z5518102).

 

However, other public information shows a Trading Address for HSBC Asset Finance (UK) Limited of: PO Box 362, Edgbaston, Birmingham, B15 1QZ

 

INFORMATION

 

The Address of:

 

DG SOLICITORS

 

With The Information Commissioner’s Office (Registration No. Z574180X) is:

 

2nd Floor, 12 Calthorpe Road, Edgbaston, Birmingham, West Midlands, B15 1QZ

 

As situated at the junction of Monument Road and Plough and Harrow Road

 

See Google Earth which shows a Royal Mail District Sorting Office.

 

INFORMATION

 

The Head Office Address of:

 

DG SOLICITORS

 

With The Law Society is:

 

HSBC 12 Calthorpe Road, Edgbaston, Birmingham, B15 1RA

 

INFORMATION

 

Public information as at 23/04/07 indicates that apparently “HSBC Bank plc” has £27,455.00 in unsatisfied County Court Judgments lodged against it.

 

COUNTY COURT JUDGMENT (CCJ) SEARCH FOR:

 

“HSBC HOLDINGS PLC

 

There have been no CCJs lodged against this company in the last 72 months”

 

COUNTY COURT JUDGMENT (CCJ) SEARCH FOR:

 

“HSBC BANK PLC

 

Total Number of CCJs in last 72 months =19

 

Total Value of CCJs (GBP) in last 72 months = £34,567.00

 

Total Number of Unsatisfied CCJs in last 72 months = 14

 

Total Value of Unsatisfied CCJs (GBP) in last 72 months = £27,455.00

 

Total Number of Satisfied CCJs in last 72 months = 5

 

Total Value of Satisfied CCJs (GBP) in last 72 months = £7,121.00”

 

COUNTY COURT JUDGMENT (CCJ) SEARCH FOR:

 

“FTG LIMITED

 

Total Number of CCJs in last 72 months = 1

 

Total Value of CCJs (GBP) in last 72 months = £2,082.00

 

Total Number of Unsatisfied CCJs in last 72 months = 1”

 

COUNTY COURT JUDGMENT (CCJ) SEARCH FOR:

 

“HSBC ASSET FINANCE (UK) LIMITED

 

There have been no CCJs lodged against this company in the last 72 months”

 

COUNTY COURT JUDGMENT (CCJ) SEARCH FOR:

 

“METROPOLITAN COLLECTION SERVICES LIMITED

 

There have been no CCJs lodged against this company in the last 72 months”

 

LINK TO REGISTRY TRUST LTD:

RTL Home

 

INFORMATION

 

FINANCIAL SERVICES AUTHORITY FINES “HSBC BANK PLC” £100,000.00

 

“On 14 December 2005, the FSA imposed a financial penalty of £100,000 on HSBC Bank plc ("HSBC") for failing to take reasonable steps to ensure the accuracy of transaction reports it made to the FSA from December 2002 until August 2005. In failing to ensure the accuracy of its transaction reports, HSBC breached SUP 15.61R of the FSA Rules.”

 

LINK TO FSO FINAL NOTICE: http://www.fsa.gov.uk/pubs/final/hsbc_14dec05.pdf

 

I hope the above helps.

 

A Well Wisher.

[AnimalMagic]

Wow! Thanks for that. More information than I really wanted to know

 

I suspect this may well be very useful to me...

[elsinore]

Hello AM, I have sent you a PM!

 

Els

[AnimalMagic]

No PMs received as yet...

[AnimalMagic]

When a CCJ is set aside, is it automatically reheard or does the claimant have to reissue the claim?

[humbleman]

assuming you have vaild reason to have the CCJ set aside, then the action reopens again and you would be invited to follow the direction that leads to a final hearing.

[AnimalMagic]

Thanks Humbleman

 

Now why is my signature not appearing?

[AnimalMagic]

Received notification that my application to have the CCJ set aside is to be heard on 14th June. Eeek!

 

Anyone able to explain what I need at this hearing? There is no indication in the letter, just a couple of very short sentances - do I need to provide proof of my reasons to have the CCJ set aside? This would be more or less the evidence I would be submiting in defence of the original claim, so why have two hearings?

 

Anyone with some reassuring words