HSBC : Account passed to moorcroft

[megatronman]

Hi

A quick background on my situation. I had a claim against HSBC which was stayed in 2007.

My account was closed with an overdraft balance of £1600. HSBC have passed my account to metropolitan and now to moorcroft. After sending numerous letters explaining that my account remains in dispute and that I have written to the court and HSBC stating my intentions to amand my claim, their response was that the banks won the test case and therefore the account was no longer in dispute.

Here is the latest letter form moorcroft 'home collections division':

 

Our records show that despite our letters to you, you have defaulted on the agreement we reached (not true - there never was an agreement) with the result that you are now in arrears for the sum of £195.05

 

As a result of this your account has now been passed to our Home Collections Division for action. This may involve our local representative calling at your home address within the next few days to try to assist you and to seek to establish how you propose to settle the balance outstanding.

 

If however you wish to continue paying direct to this office you must send a payment to us for the full amount of the arrears. It is stressed that this payment must reach us no later than 10.00am on 28/01/11.

 

We would emphasise that if no satisfactory agreement is made with us or our local representative you may leave us with no alternative but to recommend to our client that solicitors commence legal proceedings against you without further notice.

 

Yours sincerely,

 

 

A.J.Martin

Debt Recovery Manager

I will be sending moorcroft a copy of the letter here, but want to know if I have grounds to complain to the OFT, ie would they consider this debt genuinely in dispute?

[dx100uk]

typical threat o gram

 

if the oc had wanted the money ...why they no ask in 3yrs

 

they've written it of against tax and sold it on a phishing list

 

next!

 

dx

[megatronman]

Hi dx

The letters and phone calls have been pretty much constant since the 'test case', first from metropolitan now from moorcroft.

The OFT quidelines on disputed debts say:

Debt collectors who can show that the debt is due and that any dispute has been

looked into and the debt confirmed will not be in breach of this provision.

This to me sounds a bit vague, ie who decides if a debt is confirmed or not?

[dx100uk]

in terms of an o/d there is no proof unless you signed something.

 

pers i'd ignore everyone

 

they'ed be pretty silly to take it to court if there is a counter-claim on charges that cover most if not all the debt.

 

don't think that has ever happened.

 

its obv its been written off long ago against tax and these leechers are chancing their are you are a mug that does not know your eggs

 

dx

[megatronman]

Thanks dx, that's good to know

[Carningli]

Hi megatronman,

I don't want to be a damp squib, but I give a word of caution. HSBC and their minions have little respect for either "The Banking Code" or "OFT Guidelines" in respect of Accounts in Dispute, if you ask them whether they subscribe to these codes of practice, they will generally not reply. The OFT guidelines are just that and not enforceable. So HSBC usually ignore them.

 

I am in much the same position as yourself, but of much more recent date. The Supreme Court judgement was received at the time I issued my LBA. In the light of its impact on indiviuals, notwithstanding it was addressing a mutual matter, brought by the OFT, I did not pursue the matter, feeling it was better to leave it in their hands. The upshot is that they have issued a Court Claim and I have made a counter claim. Like you my O/D is made up wholly of charges, but this in the light of the Supreme Court ruling is no defence. I believe the conduct over a period of time of my account has been appalling and I intend to challenge on this basis, rather than on charges.

 

Carningli

[megatronman]

Well, apparently my account has been passed on/sold to JB Debt recovery. I can only guess at this as they haven't sent any letters, but have been calling my dad at home.

 

Had an answering machine message the other day with a robot voice saying "Phone 0871 664 9080 urgently". A google search reveals this number to be a premium rate number belonging to JB.

 

Then another message last night which was a scottish guy saying "You clearly know Mr xxxx as you took a message for him last friday. I'll just send someone round to confirm it, ok?" No name or return contact number was left.

 

Pretty sure this is verging on criminal behaviour from these people.

[rdm2006]

1. If this is still the subject of a court case then it IS still in dispute - just write and tell them just that (and no more - ie Don't say why it is the subject of a court case)

 

2. the tax man would not be happy to find that it had been written off, tax relief claimed and also been sold on ( it should be one or the other - I believe I have seen on here somewhere that this would be tax fraud or something like that)

 

3. OFT guidelines say that they must agree an appointment with you in order to send a collector round (so without this agreement they would be trespassing).

[megatronman]

Thanks rdm Here is the message he left:

FOS contacted today to make complaint. Will write to the OFT tommorrow.

Cheers

Edited July 14, 2011 by megatronman