Little old me V HSBC - Claim form now received

[bilious]

Just had a lovely letter through the post from metropolitan onthe lines of we're disappointed etc etc and we will take you to court and get an attachment of earnings etc... Can someone just take a peek at my cca stuff so i can decide what to do please!!

[vint1954]

Well the Default Notice is defective. The date between the notice and the rectification date is 14 days, no time allowed for service.

 

Have they asked for the ballance in full yet or sent a letter terminating the agreement?

 

Vint

[vint1954]

I see that they have demanded the ballance.

 

he agreement probably satisfies an s78 request but not as a document for court.

[vint1954]

You may want to send them this.

 

I refer to your Default Notice dated xxxxxxx, received by me on xxxxxxand your subsequent letter terminating the agreement by demanding the balance in full, dated xxxxx, received xxxxxxxxxx, in which you confirm that you had in fact terminated the above agreement by demanding the balance in full.

The default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect. Your actions resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. These actions by you, have resulted in you unlawfully rescinding the alleged agreement.

 

I accept your unlawful rescission of the agreement and I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and I would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission

 

 

[bilious]

Thanks vint!!! i have already sent that letter back in April!!!! And yes they did ask for payment in full... (sent letter of repu after that on advice from babybear and broooce, thanks to them...) just wondering about the cca? is it cosher so-to-speak and what can they actually try and get out of me now the full 9k or the 800 pounds that was added at the time of their full payment demand? cos metropolitan seems to want the full amount? So can you advise me on what i can do next?? Thanks in advance....

 

 

Oh! i should add they never acknowledged that letter but did send it recorded lol...

Edited July 4, 2010 by bilious

[lord_tiger_putin]

Can I ask something as well?

 

I also received the dodgy DN form friend HSBC and they demanded the full amount, therefore terminating the agreement.

 

What should I do?

 

Acknowledge the termination.

Then send the letter of Unlaw full Rescission.

 

OR

 

Do I simply send the letter of Unlaw full Rescission.

 

Thanks

[babybear39]

Acknowledge the termination first

[lord_tiger_putin]

Thanks for it BabyBear. Thought so but I needed that confirmation.

 

I have read many thread and read and re-read the CCA and I agree with that fact that should you have been served with an invalid DN and they unlawfully terminate the agreement, then under section 87(1) of CCA they will not be able to collect the amount left after the deduction of the arrears.

 

Can someone please elaborate more on it because I have a heated discussion with a debt elimination company which I want to send to h***. They argue that this is not the case. Have to admit, it did sow some doubt!

 

If I send of the termination acceptance letter recorded, how long should I wait until I fire of the UR letter?Thanks for it BabyBear. Thought so but I needed that confirmation.

 

I have read many thread and read and re-read the CCA and I agree with that fact that should you have been served with an invalid DN and they unlawfully terminate the agreement, then under section 87(1) of CCA they will not be able to collect the amount left after the deduction of the arrears.

 

Can someone please elaborate more on it because I have a heated discussion with a debt elimination company which I want to send to h***. They argue that this is not the case. Have to admit, it did sow some doubt!

 

If I send of the termination acceptance letter recorded, how long should I wait until I fire of the UR letter?

[bilious]

Does that mean i've done it wrong then? i was told to fire off the acceptance of the termination with the unlawful rescission. as one!! Can someone elaborate please? And is there anything i do to tell metropolitan about this as they're demanding the full amount???

 

Thanks in advance..

[lord_tiger_putin]

IMO them receiving the TN will terminate the agreement of the date when they receive it. If they receive the letter of unlawful rescission on the same date, it means that they did receive it when the account terminated and it should be OK.

 

Expert advice will be helpful.

 

I think that sending them a few days apart will ensure that they cannot try to argue that receiving the unlawful rescission om the same day makes it invalid. It is just an attemp to ensure there is no doubt.

[bilious]

Ok sort of understand that lol... and what about the in house dca metropolitan what do i say to them? Do i point out that i have sent the above letter etc or wait for the next set of empty threats.... unless it's going to dg solicitors which they've already threatened...

Edited July 12, 2010 by bilious

[lord_tiger_putin]

Remember they didn't go to DG Solicotors, they "buy" these letters online. I visited a solicitor one day (had to sort out my landlord) and saw their advertisement:

 

"Free Solicitors 7 Day letter before action"

 

Here is the link, you and me can send it someone as well!

Solicitors 7 Day letter before action -Debt collection Solicitors-Salisbury,Andover,Wiltshire,Hampshire,Dorset 

 

They claim that 71% of people after receiving this letter.

 

I investigated the same type of letter from another DCA and saw they have to pay 79p for a letter! I also followed the link to solicitors t&c's where they clearly states that should they decided to actually start litigation, they have to remember that the courts very seldom reward all cost to them, they will probable end up with paying, even when successful.

 

These letter are just another empty treat which is safe to ignore!!

[lord_tiger_putin]

Sorry not:

They claim that 71% of people after receiving this letter.

 

but

 

They claim that 71% of people do pay after receiving this letter.

[johnnymitch]

Hi lord tiger putin

 

It maybe that you are not aware that Metro are HSBCs In-house DCA they don't work for anyone else , like DG Solicitors , they're the heavy mob ......use HSBCs database etc ...

 

Just thought that might help .............

[lord_tiger_putin]

Thanks for that, I know about metro. I did send the UR to HSBC today for their faulty DN and did receive letters from DG Solicitors on the 15th of June.

 

How should I handle the letters from DG Solicitors?

[lord_tiger_putin]

I just found this document on the internet:

http://www.tpuc.org/forum/download/file.php?id=703&sid=9de89f1f4992d1e2ed6dc20a536aff33

DG Solicitors explaining to potential customers their services, especially where there are reason for dispute.

[johnnymitch]

Hee hee .....sounds to me like DG Sols are moonlighting .....

 

as for DG , I'd send them a copy of the UR letter you sent HSBC and tell them it's a matter which is 'In Dispute' at the moment ....... awaiting a reply from HSBC .....

 

You could be cheeky and invite their comments/advice on where to go from here.. (given their waffle on the above link ........ )

[lord_tiger_putin]

I am also going to fire of my claim back on PPI. This alone will also put the account in dispute, am I correct?

[johnnymitch]

I would say so LTP ..... because it clouds the issue of precisely how much you owe them.... or they owe you ?

[lord_tiger_putin]

I think it gets better, the DN was invalid. I had just started to look at the PPI. The amount of PPI I paid plus interest could be very close or even more than the amount of the arrears on the DN! This means that when the DN was issues, I was actually not in arrears! I assume this is correct.

[johnnymitch]

Technically ,that is correct , if PPI refund is upheld .........

 

They could argue of course , that , because PPI had not been challenged at the time the DN was issued (or was it ?) ....... that they were correct at the time ..... however, I think it could probably be withdrawn retrospectively ...

[bilious]

i really should look at the ppi i paid them for nearly six years then? as i've said dg aren't involved just yet, but as soon as they are then should i send off the same letter to them and asking for the amount as the account went into dispute?

[johnnymitch]

Have a look on the PPI forum on here bilious , there are a lot of knowledgeable people on there who will give you good advice ....... first on whether you have a claim for mis-selling and second , how to go about reclaiming it ........

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/

 

It also puts your account in further dispute , so you shouldn't be chased for a debt ... but you will be ... 'cos they're like that .... and they get away with flaunting the DCA rules .....

 

But if you hold out against them , they usually back off a bit ......

[lord_tiger_putin]

Sorry bilious, it seems that I hijacked you thread, but I assume what I learn is also helpful to you..

 

I do not know whether the PPI were claimed at that stage, was with a stupid DMP which I am in the process of sending a SAR to try to establish it but I am not holding my breath..

[lord_tiger_putin]

I made a SAR to HSBC and they said a nice layout of the PPI!