Me Vs Metropolitan & HSBC

[zishi]

Hi everyone

 

I need some suggestion to decide what my future action will be.

 

I had a current account with HSBC since 2004 with an overdraft facility of one thousand pounds. It was all ok until october 2009 when i was made redundant. By feb 2010, the account was overdrawn by around 1400 with all the charges and interests. I used to get calls from hsbc collection department and i told them i cannot before to pay because i dont have any money. Then by the end of february 2010 i was told that your account has been in collection for nearly 90 days now it will be passed on to debt collector and will be on your credit report for 6 years. The lady from collection department also told me that if I deposit 500 pounds we can come to an agreement of reducing overdraft limit and you will have to pay a certain amount each month. This will prevent your account from going to debt collectors. I borrowed some from my firend and deposited 500 into this account.

 

I then called hsbc to come to an agreement and i was told we can come to an agreement but you will have to pay 81 pounds in two days. We went through it and all was done. After this conversation i deposited 81 pounds more and thought everything is sorted.

 

But to my surprise I now have a letter from Metropolitan debt collection services and they are asking for rest of 800 pounds. Hsbc says, If you were told that an agreement is reached then i m afraid it was wrong. The advisor has passed you the wrong information. I was also told that they guy who reached an agreement with you was calling me later to tell me that it has to be 91 pounds and not 81. This time i was talking to financial guidance team and before i spoke to collection department.

 

I now dont feel like paying them anymore but also dont know what to do or what my next step should be. Please advice or let me know if any further information is required.

 

Many Thanks.

[zishi]

Do they have to provide the recording of telephone calls in response to Subject Access Request?. I am sure they have told me many times that all the collection calls and any conversation with financial guidance team are recorded by HSBC.

[Castlebest]

Hiya Zishi and welcome to the HSBC forum

 

It looks like you have been the victim of one of HSBC's debt collection monkey's. Their job is to recover as much money as they can and, although no one would ever admit it, by whatever means they can.

 

They know that unless you are recording the conversation they can say anything they want over the telephone and even if they are being recorded all it would take is a senior manager to say they had exceeded their authority in making such a deal. This is why we recomend you always deal with the bank in writing.

 

I think you will find the message about recording telephone calls says MAY be recorded so think actualy getting a copy or transcript is unlikley.

 

pete

[zishi]

Apart from complaining HSBC on phone I have also sent a CCA request to Metropolitan however I am not sure wether they need to have a CCA when it comes to current account?

 

Meanwhile I am getting endless amount of calls from Metropolitan. I searched through the forum for a letter that I can send to them to stop these telephone calls. I have seen it before on this forum but cant find it now. Can someone please guide me in the right direction so I can send a letter to stop these calls. Actually my mobile is ringing right now while I am writing this message

[zishi]

I have today sent the telephone harassment letter to Metropolitan which I found on consumerwiki.

 

Can someone please tell if Metropolitan or HSBC is bound to produce a CCA on current account overdraft?

 

Thanks.

[johnnymitch]

Hi Zishi , well done on getting the harassment letter off ..... meanwhile if they ring either don't answer , or refuse to answer their security questions .... that way they're not allowed to talk to you ..

 

As for a CCA for a Current Account , that's a difficult one, because there is not usually a signed agreement as there is with a Loan or Credit Card ....

 

However, if you can send a SAR to HSBC asking for everything they have on you , (it costs £10 and in my humble opinon well worth it)......they have to produce all notes and correspondence re your account along with statements which you may be able to use to try to reclaim some charges ....

 

If you send it 'Recorded Delivery ' they have 40 days from receipt to produce all they have on you ..... this link will help you .....

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

but come back and ask if you need more info .....

[zishi]

Thanks for your reply johnnymitch. I have already sent a CCA request to Metro but as suggested by I will also send a SAR on Tuesday.

 

I have not occurred a single penalty or charge until I was unemployed but they did add penalty and charges at the end of last year and some probably early this year. Is it possible to claim those charges or you can only claim the charges that were added before a certain date?

[Old Cogger]

Hi everyone

 

I need some suggestion to decide what my future action will be.

 

I had a current account with HSBC since 2004 with an overdraft facility of one thousand pounds. It was all ok until october 2009 when i was made redundant. By feb 2010, the account was overdrawn by around 1400 with all the charges and interests. I used to get calls from hsbc collection department and i told them i cannot before to pay because i dont have any money. Then by the end of february 2010 i was told that your account has been in collection for nearly 90 days now it will be passed on to debt collector and will be on your credit report for 6 years. The lady from collection department also told me that if I deposit 500 pounds we can come to an agreement of reducing overdraft limit and you will have to pay a certain amount each month. This will prevent your account from going to debt collectors. I borrowed some from my firend and deposited 500 into this account.

 

I then called hsbc to come to an agreement and i was told we can come to an agreement but you will have to pay 81 pounds in two days. We went through it and all was done. After this conversation i deposited 81 pounds more and thought everything is sorted.

 

But to my surprise I now have a letter from Metropolitan debt collection services and they are asking for rest of 800 pounds. Hsbc says, If you were told that an agreement is reached then i m afraid it was wrong. The advisor has passed you the wrong information. I was also told that they guy who reached an agreement with you was calling me later to tell me that it has to be 91 pounds and not 81. This time i was talking to financial guidance team and before i spoke to collection department.

 

I now dont feel like paying them anymore but also dont know what to do or what my next step should be. Please advice or let me know if any further information is required.

 

Many Thanks.

 

His name wasn!t UDALL WAS IT?

[johnnymitch]

Thanks for your reply johnnymitch. I have already sent a CCA request to Metro but as suggested by I will also send a SAR on Tuesday.

 

I have not occurred a single penalty or charge until I was unemployed but they did add penalty and charges at the end of last year and some probably early this year. Is it possible to claim those charges or you can only claim the charges that were added before a certain date?

 

Unfortunately,they can't be (legally) called Penalty Charges now zishi (the court has decided ) but we on the site maintain they're still reclaimable as unfair.....first thing to do is to work out when you get your SAR stuff how much you reckon they owe you .. (you can safely go back 6 years .)

 

Meanwhile if you read up on the FAQs on this forum , and have a look at this thread ....

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/244669-hsbc-after-test-case.html

 

it should give you some idea of how to proceed ...... and as always ,,, come back if you need clarification of anything ....

[zishi]

Today out of the blue I received a letter a from DG Solicitors as a reply to my CCA request. As its been already pointed out here that CCA doesn't apply to current account their response is the same. They are actually saying that

 

"Current account is not a regulated agreement because it provides no credit. The overdraft agreement provides the credit and this sits separately from the current account agreement"

 

I have had an overdraft of 1000 pounds and they are currently claiming around 900 pounds. I have looked into bank charges from the statements and to my disappointment I have only paid around 200 pounds in bank charges which was at the end of last year. However I have also paid about 100 pounds as interest on my overdraft which was also at the end of last year.

 

I am not sure what my next step should be. Don't they have to have an agreement for overdraft?

 

I want to make them an offer of around forty percent of the amount owed coz this will settle this account and also clear up my credit history. But I don't see a reason why they would accept it.

 

Any comments/advice are welcome.

[zishi]

BuMp****

 

Is overdraft regulated under CCA 1974???

 

How can I ask them to produce and overdraft agreement as they are saying that CCA doesn't apply to overdrafts.