hsbc various debts to them inc managed loan

[me_n_my_kids]

hi guys

 

i wonder if you lot could give me a pointer please?

 

i have about 4 companies which have failed to supply my cca. all of them were sent the request with the £1 in december. some have just not replied and have ceased action so far, and the others are saying we wont pursue, but are going to leave a default on your record.

 

is this something i can reasonably fight with them? and if so can you point me in the right direction of how to do so please?

 

thanks:-)

[lookinforinfo]

Ok, if they can't produce the original agreement then as you probably know the debt is unenforceable.

Also because they cannot produce the agreement then there is no record

that you have given your permission to process your details. Now one of the

stipulations made by the credit reference agencies to their clients is that

before posting details with the CRAs, they must have the permission of the

debtor to process their data.

 

So, 1] the creditor does not have your permission to pass your details on

to anyone, so they should remove any info they have passed on to CRAs.

and 2'] even if they won't accept that, then both they and the CRas must

accept that your details must be deleted from your credit file.

 

Write to the ones who won't remove your default and ask them if they agree

that they must have your permission before passing on your details to CRAs.

Then ask them to provide proof that you have given your permission.

 

Just do that to start with and let us know the outcome.

[rory32]

LFI's idea is good as an initial approach on this. If it doesn't work let us know and we can propose a more aggressive approach under The Data Protection Act 1998.

[me_n_my_kids]

thank you very much for your advice, i am going to do as you said, going to a caravan on the coast tomorrow so as soon as im back in a week thats what i'll see to first. so glad to have that question off my mind before i go!! thanks again

[rory32]

You're very welcome

 

Enjoy your holiday.

[me_n_my_kids]

ive had a managed loan for 5 years with hsbc. half of the total loan was made up from charges. i have reclaimed these charges, but my next gripe with this loan is the fact that they have been adding interest onto the account total from day 1, meaning ive been paying them interest on these charges, if that makes sense? this is probably something i would be pursuing if i wasnt raging angry about the whole managed loan thing in the first place! anyway, had the final demand from hsbc, and not long after a letter telling me that in order to consider my request i need a breakdown of amounts claimed and a total figure. i am planning on using the total figure of the loan, based on not knowing what amount the loan should actually have been, since they wont disclose their actual costs. now, im wondering if i threaten court, would they wipe the loan to avoid being forced to reveal the true cost of being overdrawn, bouncing a cheque etc?? found out today account is now with DCA, so planning on sending them a copy of letter i send to hsbc.

 

any advice on wording, any legalitites and 'posh phrases' i could include?

 

thanks guys, and also, has anyone seen or heard from turnaround???

[Turnaround]

Hi,

 

Hang fire with hsbc for now, and concentrate on the DCA. Has the DCA in question written to you and stated they now own the debt?

 

If so, then CCA them and see what turns up. I think you know what course to take from there, and going forwards you might find they cant enforce it………

 

In respect of hsbc, when you claimed back the charges did you include the interest, and at what rate within your claim. If you do need to establish the true amount out standing, simply ask for a "statement of Account" or S.A.R - (Subject Access Request) them.

 

As Always……

[wednesday1867]

I too have a managed loan, when i went to Payplan, my payments to HSBC now go through Metropolitan Collection Services.

 

I sent my CCA to HSBC, dont know if that is correct, but when they defaulted on my agreement i then sent Metropolitan a letter keeping them in the loop.

 

Thread and letters are here http://www.consumeractiongroup.co.uk/forum/general-debt/101738-hsbc-managed-loan-cca.html

[me_n_my_kids]

Hey, thanks TA, CCA being prepared tonight. what comes next if they do comply with cca?

 

Wednesday - yes Metropolitan are dealing with my managed loan too. are you still paing them now that hsbc defaulted?

[wednesday1867]

Wednesday - yes Metropolitan are dealing with my managed loan too. are you still paing them now that hsbc defaulted?

 

 

Nope ive contacted Payplan and told them to stop payments, the payments to HSBC are now split between other creditors .

 

In my last letter to HSBC, i told them i was stopping payments, regarding Metropolitan, i havent contacted them at all, so thought it was time just to send them a letter, keeping them in the loop as it were, both letters are in my thread.

 

Im not sure if my last payment was stopped in time, to stop them getting paid this month, nether the less they know next months wont

 

About the agreement, im sure i did it all over the phone and didnt sign anything, could be wrong tho, ive got a shocking memory

[Turnaround]

Hi Me+

 

From your posts, I take it Metropolitan DCA are trying to recover the debt. CCA the DCA, wait the prescribed time limits, if they don’t supply the agreement then they can’t pursue it any further without the courts permission.

 

IF they do produce anything carefully examine it, and if unsure post the alleged agreement via photobucket, minus personal details and we will advise.

 

If you are paying hsbc at the moment, I would suggest you stop as it would appear they have sold the debt onto Metropolitan.

 

Just be patient, and wait the time limits and keep us updated.

 

Wednesday……CCA Metropolitan, as this will form the basis of your rights under the Consumer Credit Act. If you do you gain full control over the situation and they dance to your tune.

 

As Always

 

Turnaround

[wednesday1867]

Wednesday……CCA Metropolitan, as this will form the basis of your rights under the Consumer Credit Act. If you do you gain full control over the situation and they dance to your tune

 

Ive already told them ive stopped payments tho, so that would contradict what ive already told them?

 

According to my credit file, HSBC still own the debt and Metropolitan are just collecting it, so i saw it more a case of bypassing the monkey and going straight to the organ grinder, but if you think i should CCA Metropolitan i will. Question being, i then will be dealing with 2 companies over 1 debt, so when i pursue the interest and default removal, i still go at HSBC?

 

Thanks

 

Sorry for this me n my kids

[wednesday1867]

Funnily enough i received this from Metropolitan today:

 

"Thank you for your letter dated XX July 2007

 

We can confirm that we have ordered a copy of the agreement for your account. Once we have received this we will forward it to you."

 

See if that changes anything

 

Thread passed back to me n my kids, only chiped in to try and help and seems i took over for a while, apologies

[me_n_my_kids]

Wednesday - please dont be sorry, its interesting and encouraging to read of other peoples stories on here, and you do seem to be going through something very similar to myself. im so sick of hsbc and their messed up ways. i had a reply on my cca from hsbc, but im sending one to the DCA in the morning anyway and if nothing else it will get me more time.

[wednesday1867]

Wednesday - please dont be sorry, its interesting and encouraging to read of other peoples stories on here

 

 

Ok no worries, pass on info when and where i can

 

 

i had a reply on my cca from hsbc, but im sending one to the DCA in the morning anyway and if nothing else it will get me more time.

 

Did you receive an agreement?

 

Does it have everything it needs to be enforced?

[me_n_my_kids]

unfortunatly i think it does. its 4 pages long. it doesnt say TOTAL COST OF CREDIT - which according to this - http://www.coveritup.co.uk/usefuldocs/OFT_cancellable_agreement.pdf

 

its meant to. but im not 100% sure, i think im going to need a legal eagle's advice after the CCA has been sorted for the DCA. another thing. no deed of assignment either. nothing apart from Pay Us Now letter.

[wednesday1867]

Daft question, but did you sign it? Mine looked real except for my signature.

 

Is there anyway you can scan it and post the pictures on here and maybe someone can give you a definate answer.

[me_n_my_kids]

yes its got my old sig - my old name.

 

ill try photobucket or something i think heres hoping!!

[wednesday1867]

ill try photobucket or something i think heres hoping!!

 

 

If i can manage photobucket anyone can

 

Remember to block out personal details

[Turnaround]

Wednesday….. Thanks for the follow up.

 

As you have now stated that Metropolitan are just "collecting" and has not purchased the debt, then there is no real requirement to send the CCA.

 

I would also confirm that "Josie8" is currently offering excellent guidance on your other thread.

 

Good Luck and Regards

[me_n_my_kids]

hiya i really hope someone can help me ive gotton all worked up about this its driving me nuts, this is the first place ive come for some help before i completely blow up!!

 

so ive posted before that i have this managed loan. letter came last week from metropolitan DCA. i replied with cca and £1PO. today i have had another letter (think they crossed in post judging by date of postmark) they have conducted enquires and know i still live here, and know that my number is ex directory. (omg i feel violated.... exageration maybe i just got a shock but jeezo!)

 

anyway ive worked this out.... Total Loan was for £3,500. Total Paid... £2,620, amount outstanding that they claim...... £2,500

 

do you think theres anything i can do about this? ive not spoken to them on the phone, although thank god they are shut now, i nearly rang and screamed at them but decided not to!!

 

Some of the loan was made from charges which i have had back, however, ive been paying interest on the charges since the loan was taken out. after what ive paid, £880 should be outstanding... roughly the amount of interest charged on charges for past 5 years of the debt maybe???

 

anyway sorry for waffling but please please if you can help me id be forever in your debt. (sorry, no pun there intended)

[Bookworm]

15 threads merged.

[me_n_my_kids]

ok so now its gone to metropolitan DCA who have been CCA'd, that will buy me more time to figure out what on earth im going to do

[me_n_my_kids]

do u think i should explain this on the phone in the morning with the FOS, see what they make of it?

[surprise]

Don't worry, whatever you do don't phone them. Sit tight and wait to see what comes back re the agreement. If they don't produce the agreement then the debt would be unenforceable anyway. If a signed agreement does come back then you could do a SAR request to see what charges have been levied and then you set about claiming these back.

 

In the meantime, just relax, don't let these DCA's wind you up. I am sure if they had your number they would have rung you. Just do not speak to them. Do not sign any letters either.

 

good luck