MCS no CCA F&F?

[coffeecup]

Hi, OH has a debt with MCS, HSBC inhouse collectors.

 

I sent a CCA about 6weeks ago and have recently received a letter from them stating sorry its taken so long blah blah but at this present point they cannot supply a CCA.

 

He was paying monthly towards the debt, but has now stopped paying them and sent a follow up to the no CCA letter.

 

My first question, should he have stopped paying them??

 

and second question should he now offer a F&F as we just want rid, its for about £1500.

 

thanks

[dx100uk]

what is the debt pease

 

dx

[coffeecup]

It was consolidated loan.

[dx100uk]

that tells us a lot

 

so what was consoludated into it??

 

did you reclaim first?

 

charges / PPI?

 

else your been charged int on int et etc.

 

dx

[coffeecup]

As far as i remember it to consolidate his overdraft and a loan he had with them and another debt from another company, he said they call it a managed loan??

 

He sent a SAR quite a while ago and they never sent any CCA's, it was just endless reams of statements.

 

You could see the loan amount going into his account on the statements,

they also sent the default letters, and the statements from MCS showing him paying his monthly amount.

 

He did query the lack of paperwork for the loan but they said they had sent everything...

 

So eventually he sent a CCA request and they responded by saying the couldnt locate one at present.

 

Actually one of the reasons he asked for the CCA is because he remembers being told to take the PPI as it would look better on his loan application,

but without the CCA he cant see if it was added.

 

So is he right to stop payment to them? and do you think that they would accept a full and final?

[dx100uk]

pers i'd not even offer an F&F...

 

you need to investigate this PPI.

dx

[dx100uk]

who is MCS?

 

dx

[dx100uk]

mercantile credit solutions?

 

dx

[coffeecup]

How does he investigate, HSBC say they have sent everything and there is no CCA?

 

Should I write a letter to HSBC querying the possible PPI and see if they can produce anything?

[coffeecup]

metropolitan collection services

[PGH7447]

who did he sar? hsbc or MCS, if MCS then sar HSBC and demand all statements for all accounts they merged this will then show any ppi and charges made

[coffeecup]

He sent it to HSBC

[citizenB]

Managed loans - a favourite ploy of HSBC to deny the consumer their rights under the Act.. by combining overdrafts with credit cards or loans.. and then telling the consumer that it was being done for THEIR benefit !!

 

These new loans inevitably came with PPI whether it was required or not.. so best to check.

[coffeecup]

Managed loans - a favourite ploy of HSBC to deny the consumer their rights under the Act.. by combining overdrafts with credit cards or loans.. and then telling the consumer that it was being done for THEIR benefit !!

 

These new loans inevitably came with PPI whether it was required or not.. so best to check.

 

How do i check? i have already sent a SAR and a CCA but there is no paperwork to the loan....should he go into his local branch to talk to them?

[PGH7447]

I would simply write to MCS and state that has there is no agreement (according to the info recieved via the SAR and CCA requests) for this alledged loan and/or debt then there is nothing to pay, and until such time as an agreement is provided you will be paying nothing further and that any attempts at further attempts to collect will be viewed as harrassment and reported to the relevant authorities as such.

[coffeecup]

I would simply write to MCS and state that has there is no agreement (according to the info recieved via the SAR and CCA requests) for this alledged loan and/or debt then there is nothing to pay, and until such time as an agreement is provided you will be paying nothing further and that any attempts at further attempts to collect will be viewed as harrassment and reported to the relevant authorities as such.

 

 

 

I sent the follow up letter to the failure to provide a CCA, which says much the same thing, is that ok?

[PGH7447]

Yep thats fine, remember no agreement no debt simples