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hsbc various debts to them inc managed loan


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Now that they have received you CCA request there is very little they can do to you other than send you letters telling you to pay them. You have placed the account in dispute by sending the CCA request. Lawfully they have to investigate that dispute and resolve it before pursuing the debt.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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ok, when the agreement cmes back, what should my next step be, do you think? hsbc sent the agreement when i requested it in december. the reason ive not been paying is that my dispute now lies with the amount owing, charges and interest.

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You really need to get that S.A.R - (Subject Access Request) sent so you can itemise when the charges occurred and the anounts. If you don't do that then any claim won't be taken seriously.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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well the thing is, ive had my charges back on my bank account. BUT about a third of the loan was made up of charge,s which although they have been refunded, the interest on them aka the loan, hasnt. that is what im tryng to get back. just in a mess about how to go aboutit

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  • 5 months later...

Urgh, i seem to be having a nightmare with these guys.

 

They are collecting for a managed loan with HSBC Bank. i am disputing the amount - as the loan was for £3000 and i have paid £2,982. they claim i owe £2,600. thats with no charges for moving the account to DC or anything. £1000 of that was charges, which i have since had returned.... but i am disputing it on the grounds that had those charges not been applied, the interst on the loan would have been much lower over the 5 yrs since i took it out.

 

I have written to the DC on 3 seperate occasions with the whole situation, payments made etc. Each time they said they would pass onto HSBC for them to deal with. in the meantime im paying £1pm until its sorted. This has been going on since JUNE this year. Anyway the last time i spoke to them, last week, they said HSBC have only said to them to carry on collections, and no one is planning on answering me.

 

I was hoping that maybe someone on here could advise me the best thing to do? I thought send a copy of my letter and a letter of complaint to HSBC maybe copied to the DC? is there maybe a higher up person i could address it to or anything?

 

Any help GREATLY appretiated, feel like im banging my head against a brick wall!!!!

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MCS is HSBC - they are their in-house DCA.

 

Write to MCS telling them that you dispute the amount they are claiming, and remind them that the OFT guidance requires them to suspend collection activity until the dispute is resolved. Include a request for a statement of account - which they are required to provide upon request (OFT again).

 

My recent experience of HSBC was of unanswered letters, then when pushed each of my letters would be answered by a different person in a different location. They routinely tried to deceive and mislead at every turn; when caught out, they just send a 'no further correspondence will be entered into' letter.

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Don't ignore it, make a formal complaint that they are breaching OFT guidelines (as Consumer Credit licence holders they are obliged to comply). Make it clear that it's a complaint and ask for a copy of their complaint procedure (the CCA 2006 places a legal obligation on them to have one, and to supply a copy on demand). Ultimately, if you are unhappy with their final response, you can escalate the complaint to FOS.

 

MCS often behave as if they are a law unto themselves. My impression, reinforced by the opinion of some helpful HSBC staff I spoke to, is that they operate by sending out template letters; anything more complicated is dealt with by DG Solicitors (HSBC's inhouse legals), even if they use MCS letterheads.

 

Currently, what HSBC seem to be doing is pursuing even the most doubtful, unenforceable debts, apparently without regard for the rules that bind them. Ultimately they sell on, to the bottom feeders, those they can't collect.

 

I suspect that they'll have to take a formal complaint seriously, but if they ignore it you can go straight to FOS, and you have evidence of trying to reach resolution should ever end up in court.

 

I have 3 debts to HSBC - one MCS failed on, and was sold to Robinson Way; I got them to drop the whole thing, remove the default and return my CCA cheque. The second they've just sold to another DCA, fully aware that they admitted in writing there is no agreement and it's unenforceable. The third MCS have just started with - but as it's in dispute with HSBC I've told them to feck off. I've made a complaint to FOS about HSBC's behaviour, and in particular their failure to answer complaints sensibly - some of the letters are hilarious, contradicting each other and well, lying.

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ok thats great, thank you. ill write a letter of complaint and send into head office of HSBC? oh, should i continue the £1 payments?

 

i cant beleive they get away with just not replying to letters!! im sure if we ignored letters from them it wouldnt be accepted!!

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