Jump to content
  • Tweets

  • Posts

    • Yes, let us know if they honour the agreement to pay.   Thanks for Donation made and anything further you can make - it helps us keep helping !
    • Mark Bauwens from France takes us through his week during the coronavirus pandemic. View the full article
    • Thankyou very much i will be around all day it would be appreciated Below is another attempt :     IN THE COUNTY COURT AT ***************                 CLAIM NO:**********     BETWEEN:   LOWELL PORTFOLIO I LTD CLAIMANT   and   MRS *********************** DEFENDANT   ------------------------------------------------------------------------------------------------------------------------   WITNESS STATEMENT OF ******************   ------------------------------------------------------------------------------------------------------------------------   I, ******************************************* WILL SAY as follows:   I make this Witness Statement in support of my defence in the claim.     INTRODUCTION   1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed 10p to 15p in the £1 and to which the original creditors have already written off as a capital loss and claimed against taxable income. Lowell Portfolio I Ltd issue claims to circumvent and claim the full amount of debt to maximise profit.   2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   BACKGROUND 3. The Claim relates to an alleged Credit Card Agreement between the defendant and Vanquis Bank   4. Whilst it is accepted that the defendant has in the past had financial dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant.   5.The defendant made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 on the 27th August 2019 along with the standard fee of £1.00 postal order to which the defendant received a reply dated 6th September 2019 putting their account on hold whilst they tried to gather the information.   6.The defendant received a reply dated 24th October 2019 with no CCA attached other than the documents which enclosed a statement, default notice, notice of assignment from Vanquis to Lowell & a reconstituted copy of an agreement which the claimants have already provided in their witness statement dated 3rd August 2020.   7.On 15th January 2020, I received a claim form from the County Court Business Centre, Northampton, for the amount of £******. The claimant contends that the claim is for the sum of £********* in respect of monies owing under an alleged agreement with the account no ******************* pursuant to The Consumer Credit Act 1974 (CCA). Contained within the claimants particulars the claimant states that the account was subject to assignment from Vanquis to Lowell on 24 June 2015 with notice given.   CONCLUSION 8.To date no valid full true copy of the executed credit agreement or the terms and conditions have been disclosed .the claimant has no grounds on which to enforce this alleged debt.   9.The claimant disclosed various screenshots taken from the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application. The screenshots are devoid of any tick box or any authenticity of IP address conformation check.   10.Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement.   11.For the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to mislead and convince the court that the claimant can disclose the legal valid documents on which its claim relies on. It is therefore requested that the Claimants Claim is struck out pursuant to the above.   STATEMENT OF TRUTH   I, ************** the defendant, believe the facts stated in this witness statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed: …………………………………………… Print Name: ************* Dated: 4th August 2020
    • Allen Blue, who co-founded professional network LinkedIn, reveals how start-ups can achieve growth. View the full article
    • for want of clarity   this potential £5k is only available in England.    
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 8 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
zingy

Zingy --vs-- MKDP HSBC ''managed loan'***Claim Struck out***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1945 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Okay, had a current account with HSBC opened in 1998, then took out a student loan in 2004. These two were combined in 2006 (by HSBC) when I came into some difficulties, and were pushed across the desk to Metropolitan Collection Services.

 

The current amount is circa £4k and is comprised of 90% loan and 10% o/draft - I have a DSAR outstanding which is due to expire in a few weeks.

 

I sent a CCA request for the 'account' on 19th January with the correct fee (sent recorded, was signed for, and postal order cashed a few days later).

 

Received a letter asking for a signature ten or so days later so I sent the 'signature not required' letter (and sent recorded, although no proof online - very annoying).

 

Didn't receive anything, so after the 12+2 days (plus a few more) I sent the in dispute letter.

 

Today I received a reply to my in dispute letter:

Metro Letter picture by zingy22 - Photobucket

 

The thing that has me a little confused is that they require the request to be 'hand signed'. Should I just adapt the signature not needed letter and include that the postal order has already been cashed etc?

 

I think they're getting a little confused, bless, but good job all my paperwork is in order:grin:


Share this post


Link to post
Share on other sites

They'll string this out if you don't give 'em a signature zingy ....

 

Give 'em one, but put a couple of light strokes through it ... that way it is identifiable if it's 'lifted ' ....

 

As for the other , I'd point out to them that they must have been sure of your ID to cash your PO(number xxxxx) , which they have done , so why haven't they complied with your request under the Data Protection Act .... tell them the clock is ticking ..... their deadline ran out on xx xxx xx ..... and failure to produce what you have requested by (give 'em 7 days .. ) will result in a report to the Ombudsman .....

you could add :

 

"PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) "


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Share this post


Link to post
Share on other sites

thanks, Johnny.

 

I'll send a letter to them on Monday with the above included. The annoying thing is that I've sent all my letters with the signguard from CAG - they know it's me, they're just being awkward. Ah well, no money for them until they produce.


Share this post


Link to post
Share on other sites

Johnny, quick question. When you say Ombudsman you mean the FOS, correct?


Share this post


Link to post
Share on other sites

Okay,

 

I received a reply to my CCA request and they have sent me all the relevant information. I have uploaded the agreement with deletions (see below); however, this is my copy as I didn't think the photocopied version they sent would scan too well, but I have checked through everything and it is the same as their copy (the scanned copy does have 'customer copy' at the top, which the copy sent does not).

 

 

 

 

 

I'm pretty sure it is enforceable, as I think it contains all of the prescribed terms - no biggy if I am correct, just wanted to be sure.

 

Now, here is the issue I want help with:

 

MCS have sent the above for a loan account, but the money they are seeking (see post #1) is for an o/draft for the current account I had with them and this loan account (as one) - at no point have they said they were collecting for two accounts as one, etc.

Should I ask them to separate the two? The current account goes back to 1998 and was changed to a student account in 2000.

 

I do have a DSAR request with HSBC that is due to expire at the end of the week, so I'm looking at any unlawful charges in relation to these two accounts and my CC, which is currently in dispute.

 

Any advice would be appreciated.


Share this post


Link to post
Share on other sites

Hi zingy :)

 

Only a couple of points here :

 

1. The pages you have put up don't seem to have page numbers.... did they ones they sent you have them ... if not how do we know they all belong to the same Loan Account ......

2. You have obscured the repayment terms , another angle that could be used,as if they're wrongly calculated it could be unenforceable ... but can't say from what you've posted ...

 

3. The mixing of the two accounts is a bit sneaky ,which way have they gone with this ..... O/D switched to Loan account or vice versa ..... ? They should have at least let you know they were considering doing this ...... look out for letter(s) about this when you get your SAR ............ you may also find other bones of contention in there too when you get it .... so just come on and ask if you're in doubt ....


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Share this post


Link to post
Share on other sites

Hi Johnny,

 

Thanks for the reply.

 

1. The copies did have page numbers on - there were 20 pages in total, with the others being quotation pages and copies of salary information and certificates which they asked for when the loan was setup at the branch (it was for postgraduate studies).

 

2. I've attached a PDF which contains the quotation page and has the relevant information on - this is the same on the agreement - as it's easier to do that way (photobucket seems to take forever).

 

3. The first time I heard from them they quoted the current account number and said it was owing from HSBC, but have regularly updated the two accounts at the CRAs (and recorded two defaults).

 

I'll wait to see what comes in the DSAR.

quotation-doc.pdf


Share this post


Link to post
Share on other sites

Hi ZIngy,

 

I am not very knowledgeable about this type of loan but it surprises me that they originally lumped two amounts together, which you couldnt pay, into a further loan which they must have known you would also struggle to pay !

 

So irresponsible lending comes to mind.

 

I am also not too sure why Met collections would quote the McGuffick case. I dont recall there being any mention of a signature being required in that judgement. Apart from which, is that decision not being appealed !

 

I think you will need to have a good look at the SAR data when it arrives to see if there is anything you can use.. ie what was their decision making procedure in the first instance.

 

Have you received a Default Notice on this account ?


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

The two accounts should still be treated separately, unless there is provision in a contract somewhere for them to be merged. Which, so far, I can't see.


“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

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

Share this post


Link to post
Share on other sites
Hi ZIngy,

 

I am not very knowledgeable about this type of loan but it surprises me that they originally lumped two amounts together, which you couldnt pay, into a further loan which they must have known you would also struggle to pay !

 

So irresponsible lending comes to mind.

 

I am also not too sure why Met collections would quote the McGuffick case. I dont recall there being any mention of a signature being required in that judgement. Apart from which, is that decision not being appealed !

 

I think you will need to have a good look at the SAR data when it arrives to see if there is anything you can use.. ie what was their decision making procedure in the first instance.

 

Have you received a Default Notice on this account ?

 

Thanks, CB.

 

Not sure if I explained myself correctly. Basically, I had a student account from 2000 to 2004 for my degree (originally opened in 1998 ). I then did a Postgrad degree and they extended the student account for another year and I also took out the above loan.

In september 2005 the student account changed into a graduate account and I then started to pay installments on the loan in march 2006.

 

In late 2006 I got into financial difficulties and sent letters offering repayment to HSBC (didn't include the current account o/d), and Metropolitan wrote back to my proposal for repayment with the details of the current account, but the total amount was the loan and the o/d combined.

 

Never received default notices either.

 

Currently, I'm just on an arrangement to pay with MCS.


Share this post


Link to post
Share on other sites

Hi zingy , the calculation of the loan is absolutely spot -on , so no joy there I'm afraid ..... :(

 

But let's see what the SAR produces ....... :)


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Share this post


Link to post
Share on other sites

Hiya Zingy, the first thought that strikes me is they cant lump a current account overdraft and a loan balance together they are both debts yes but two totaly different animals.

 

Current accounts have a totaly different legal basis to a loans i.e. the loan will have a loan agreement with all of the prescribed terms detailed and the overdraft is a facility of your current account granted at the banks discretion and will have no specific agreement apart from the banks published terms of the current account and maybe a letter from the bank confirming your overdraft limit.

 

The only way the bank or metropolitan (effectivly the same people) can have lumped these together is to actualy issue a new loan for the combined amount... so do you have a loan agreement for that? :D just a thought :rolleyes:.

 

pete

Share this post


Link to post
Share on other sites
Hiya Zingy, the first thought that strikes me is they cant lump a current account overdraft and a loan balance together they are both debts yes but two totaly different animals.

 

Current accounts have a totaly different legal basis to a loans i.e. the loan will have a loan agreement with all of the prescribed terms detailed and the overdraft is a facility of your current account granted at the banks discretion and will have no specific agreement apart from the banks published terms of the current account and maybe a letter from the bank confirming your overdraft limit.

 

The only way the bank or metropolitan (effectivly the same people) can have lumped these together is to actualy issue a new loan for the combined amount... so do you have a loan agreement for that? :D just a thought :rolleyes:.

 

pete

 

Nope. Just have arrangement to pay with Metropolitan after I sent I&E details to HSBC in 2006.

 

 

The DSAR came today from HSBC - totally incomplete (only includes information relating to CC I hold with them and doesn't contain anything relating to the above accounts - a letter goes off tomorrow to them then).

 

 

------------

DSAR Questions

 

The CC statements supplied are only back until 2004, but the CC was opened in 2000 - pretty sure I should get all information they hold for accounts, no matter the length of information going back, shouldn't I? (as long as the account is still 'active').

Just want to make sure before I include it in the letter.

 

 

Also, would I have to DSAR Metropolitan to get all of the information they have on me or should this be in the HSBC DSAR? Just thinking as Metropolitan is a Ltd company.

----------

 

Not the first DSAR I've received that has been incomplete though, a number of other organisations are rubbish at sending all of the information.


Share this post


Link to post
Share on other sites

Hi zingy , not sure about them being a limited company ..... I don't think they're listed in Companies House as a company ...... they're merely HSBCs In-house colllection branch , using their premises , database , everything except Headed Paper ..........

 

you could have a read of this thread when you've got time ...... :)

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/151559-truth-about-mcs-metropolitan.html

 

As for the other, send a call -up letter to the same place you sent the SAR ..... and list what you believe is missing ....... they'll probaby tell you they only go back 6 six years , but if the account is still extant they should have the stuff ....

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Share this post


Link to post
Share on other sites

Cheers, Johnny.

 

I'll take a look through the thread you mentioned.

 

MCS are registered with companies house: WebCHeck - Select and Access Company Information

 

And, a summary document sent with the DSAR letter includes the following:

 

HSBC Group

"HSBC Group" means HSBC Holdings plc, its subsidiaries, associated and affiliated companies.

 

So, not sure if MCS would be included in the above. I've also received some information re my CCA request with MCS (for the credit card), so I'll start a new thread this afternoon on that.


Share this post


Link to post
Share on other sites

Well, well! They must have slipped that in under the net, I'm sure someone checked that a while ago and they weren't registered as a Company :confused:. But no matter , they're still HSBC's In -house collectors . :rolleyes:

 

Thinking about it , your credit card stuff should also come with your SAR .. it covers every account you have with them .. virtually anything with your name on it..........

 

What to ask for in a SAR (courtesy of Freakyleaky

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca.html

 

S.A.R - (Subject Access Request) information, they have a legal obligation to provide ALL of the records they hold on you when you request it. This includes ALL of your accounts ALL of their internal notes and ALL of their correspondence ANYTHING with your name on it, and all for £10.00

 

They should send you anything with your name on it for any account of yours they have for a single Subject Access Request. This has nothing to do with how many accounts you hold with them its a request for all and any data they hold concerning you, this includes

 

copies of correspondence

 

copies of internal notes, copies of any telephone recordings or a transcript of the recording

copies of statements of account

 

and last but not least a copy of the terms and conditions agreed to by you governing the account.

 

Literally anything with your name on it or about you... and all for £10.00


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Share this post


Link to post
Share on other sites

Thanks, Johnny. Sent a letter yesterday stating that they hadn't complied etc.

 

However, looks as though other creditors are happy to play the game of annoying me - just had HBOS send statements for a CC going back 5 years when it was opened in 2001. :rolleyes:


Share this post


Link to post
Share on other sites

:rolleyes: I know zingy , but don't take it personally, they're quite happy to annoy everybody .... that's what banks are about these days ..... they should , even by law go back 6 years , but they're maybe playing silly beggars and counting 2010 as year....... so if your statements are from 2004....... that would be 6 years in their book .

 

Having said that , if the account is still extant - they should be able to give you the lot ..... try pushing them.... :D


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Share this post


Link to post
Share on other sites

Yeah, going to pop a letter in the post on Monday - the statements were from 08/2005 so not sure what they're playing at. Other things wrong too, so I'll give them another chance to get it right (3rd one now) and then complain to the ICO me thinks.

 

Thanks for your help.


Share this post


Link to post
Share on other sites

Update:

 

Well, I think they've had enough time now and I haven't heard a thing. Looks as though it's time to complain to the ICO.


Share this post


Link to post
Share on other sites
Update:

 

Well, I think they've had enough time now and I haven't heard a thing. Looks as though it's time to complain to the ICO.

 

That sounds like a plan, zingy:D


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

An update on this.

 

I've received more information from HSBC with regards to my accounts (the current account and the loan clubbed together as one, without me knowing).

 

The two accounts are listed as separate ones in all of the paperwork supplied (i.e., the C/A is listed as separate to the loan account on the 'client printout' that MCS has given (or passed to) HSBC). Also, the default amounts 'passed to MCS' are also listed separately.

 

Yet, the statement of account printout (supplied by MCS to HSBC 'the client') shows payments going into one 'account' and it being treated as such, yet both account numbers are at the top.

 

 

I also looked over all of the paperwork in relation to MCS contacting me back in 2006, and their initial letter quoted the full balance of both defaulted accounts as one and only quoted the C/A sort code and account number (which includes £800 in charges etc).

 

 

My key question is: how can they lump this together, but not advise me and also keep reporting about two accounts to the CRAs? Can I do anything about it?

 

Also, HSBC ignored the fact that I asked for all information held by MCS too (seen as MCS report to Companies House that they have no employees and all services are supplied by HSBC companies in the group), but who then would send this information?

Edited by zingy

Share this post


Link to post
Share on other sites

Guys, anyone have an opinion on my update?


Share this post


Link to post
Share on other sites

Whatever HSBC and Metro do you should keep the two disputes seperate, loans and current accounts have different terns and conditions and are therefore subject to different statutory laws.

 

Your right about Metro having no employees they are effectivly just a letter head that HSBC and DG staff use to frighten people therefore there wont be any information held my Metro because its all on the HSBC computer system.

 

pete

Share this post


Link to post
Share on other sites

Just to clarify

 

I had a student account from 2000 to 2004 - I then extended the student account for another year

I also took out the loan.

 

In september 2005 the student account changed into a graduate account

I started to pay the loan in march 2006.

 

sent letters offering repayment to HSBC

Metropolitan wrote back with the details of the current account, but the total amount was the loan and the o/d combined.

 

 

they cant lump a current account overdraft and a loan balance together

 

they are both debts yes but two totaly different animals.

 

The only way the bank or metropolitan (effectivly the same people) can have lumped these together is to actualy issue a new loan for the combined amount... so do you have a loan agreement for that? :D just a thought

 

It may be that the Debt Collector is simply supplying a single outstanding balance on multiple accounts for the sake of simplicity, or laziness depending on your opinion.

 

The advice you have been given is absolutely spot on, the loan and the current account are completely separate legal entities and cannot be merged or conjoined, for all of the reasons laid out earlier the two forms of credit would need to be cancelled/paid off and a new credit facility taken out for the new/combined amount.

 

I wouldn't get too hung up on the status of Metro, they will no doubt operate under the blanket licence re data protection that HSBC and all of the other large financial institutions seem to possess these days, it normally appears at the bottom of the letter as something along the lines of "Metro is a trading name of HSBC etc and so on".

 

The main point is that the two amounts are completely separate, should never be recognised by you as one outstanding debt and should never be included in the same statement at any time.

 

 

 

My own opinion is to play them at their own game.

 

 

Write to them (Metro) asking them to what they are referring when they state that you owe £xxxx (combined amount) as you have never taken out credit for this amount.

 

As you cannot acknowledge such a debt, it would be reasonable for you to insist that if they are going to refer to an unknown amount, then you must demand that they clarify what this unrecognised amount is.

 

Also as mentioned earlier I would also insist on seeing first hand a copy of the new agreement for this new amount.

 

Then when they clarify that they have acted outside of the terms and conditions of both of the original agreements by conjoining the two accounts - make them produce the agreements for both of the original amounts

 

the current account wouldn't have a cca, but should have a letter stating the terms and conditions of the operation of the account


Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...