Confusion

[Rohannah]

Hi,

I need to reply to Metropolitan regarding husbands overdraft which they are demanding in full or to establish repayment arrangements. I'm a bit worried I may get it wrong .

[MARTIN3030]

Have you got a prev thread on this to give some background info ?

[MARTIN3030]

Yes have found it and merged here.

[Rohannah]

Hi,

3 debts

all HSBC 1 CC- 1 loan- 1 overdraft.

 

Pro- rata payments started September

overdraft passed to Metro

 

26 Sept I attempted to put it into dispute and failed

so I need to respond ( I assume ) to their letter the Oct payment for the overdraft was returned .

 

I'm just a bit wary of writing to them in case I make a mistake I don't want to make a bad situation worse especially as I'm trying to help someone else.

[Rohannah]

Hi Ro, yes continue the minimum payments it's a wise move.

 

Hi Brig,

this has failed, bank has not accepted last SO payment, DCA now demanding full payment on OD and an I&E. I wrote complaints to everyone I could concerning the suspect agreement on the CC but no luck either I'm worse at this than I thought or the bank is taking a tougher stance on these issues.

[BRIGADIER2JCS]

Hi Ru, it does seem like a much firmer stance, the DCA (which one?) can demand all the like but you are still in charge of your money and how much of it you can reasonable afford to pay, you are not obliged to supply an I and E, so send the payments to the DCA now and see what they try next, remember they can demand but

they can't have what you can not afford.

[Rohannah]

Hi,

thanks for the reply the DCA is Metropolitan and I will be writing to them to advise them that my husband can only pay what he was paying the bank who had an I&E months ago but only accepted the payments offered in September, why they didn't just pass it to the DCA first off I don't know,still they have passed it on now so on we go.

Ro

[BRIGADIER2JCS]

Make it quite clear that the payment arrangement/amount was in place with the bank and that payments will continue at the same rate as circumstances are unchanged.

[Rohannah]

Will do.Thanks

[Bandit127]

A couple of tips from me.

 

1. Make sure you tell Metropolitan that the amount is all you can afford.

2. Make sure the payment continuity is maintained. This might mean you need to pay HSBC until you can set one up with Metropolitan. This is OK. (You are basically paying the same company anyway). A continuous payment stand strongly for you if this goes further.

3. Try to set up a standing order rather than agree a direct debit. (I think their details might be on a giro slip at the bottom of their letters - might be wrong there).

[BRIGADIER2JCS]

A couple of tips from me.

 

1. Make sure you tell Metropolitan that the amount is all you can afford.

2. Make sure the payment continuity is maintained. This might mean you need to pay HSBC until you can set one up with Metropolitan. This is OK. (You are basically paying the same company anyway). A continuous payment stand strongly for you if this goes further.

3. Try to set up a standing order rather than agree a direct debit. (I think their details might be on a giro slip at the bottom of their letters - might be wrong there).

 

HSBC have declined the latest payment so further payment there is not an option.

[Bandit127]

Thanks Brig - I missed that.

 

If you need account details urgently Rohannah, these are the ones I am using to pay MCS.

Beneficiary M C S

Beneficiary Sort Code 40-11-18

Beneficiary Account 9200064400

[Rohannah]

Hi Bandit,

thanks very much for the info,

 

I've sent them a letter explaining that as they are a wholly owned subsidiary of HSBC

they already have access to an I&E

and despite times being hard the same amount will be paid once they have sent their details

and allowed enough time for it to be set up.

 

If what I've seen up to now is anything to go by

there will probably be another letter from them saying

that they have not had a reply.

 

How are you doing ?

 

Ro.

[Bandit127]

I am good thanks. If you really want to know, the thread regarding my debt with MCS is here.

 

To be honest I still have a long way to go on all this DCA stuff but it feels good to be starting to push back. Doing something feels a whole lot better than doing nothing. And worrying about the next letter that comes through the door requesting an increase. At least I know what to do with those letters now...

[Rohannah]

I worry more when there are no letters, I've developed a twitch. Being pro-active can be tiring but you are right better to do something. BTW what are you doing with the letters ? nothing naughty I hope. I have read your thread but I'll read it again.

 

Ro

[Rohannah]

Hi all,

 

my OH's account sold by HSBC to Marlin DCA their letters tell him he must only deal with them in future but to carry on paying HSBC.

 

I sent 2 CCA requests over 3 weeks ago,

 

reply for credit card was "they were referring back to HSBC for the info".

 

The reply for the loan "it's not covered as it is a current account" .

 

I wrote back to query this as it appeared it was the loan and overdraft combined

but as my husband had received no notification of this from HSBC I wasn't sure, reply same as above.

 

Letter arrives yesterday complaining that they had received no payments from him

and they were aware that money was still being paid to HSBC and may not be taken off his debt.

 

I really do not know what to advise my husband to do here ,

 

does he need to write pointing out that they have not complied with the CCA requests.

 

I want to avoid the revolving letter thing here ( it's me that gets the job ) .

 

Any input welcome

 

Ro

[Rohannah]

Ok I've had me big think ,

 

credit file checked and debts have disappeared ? I'm advising OH to stop payments to bank as he doesn't know where it's going. The DCA seems to be sending letters from two separate offices and one of them appears not to be in the loop ( they use very cheap office paper too )

 

Have a good weekend folks

 

Ro

[Guest]

re the loan, then yes they wld need to comply with the request.

re an o/d they shld state so their exemption. maybe a long shot, but did they comply with the required oft determination re such exemption? or is the o/d after nov 11?

do you have any prior threads on these?

[dx100uk]

is this a managed loan?

 

dx

[dx100uk]

so all three

 

the loan

current account overdraft

 

and the credit card

 

have all been sold on now?

 

dx

[Rohannah]

Hi dx

 

yes all sold on now , loan not a managed one. I have no idea when it got combined or why ,

 

thanks

Ro

[Rohannah]

Hello Ford

 

thank you , I have no idea re: the exemption , the loan was circa 2010 . Other threads are on PPI forum and HSBC forum . I apologise for the slow reply we are still dealing with the results of the storms a few months back

 

cheers

Ro

[Guest]

Hi dx

 

...... I have no idea when it got combined or why ,

 

thanks

Ro

 

do you mean that all three were consolidated via one loan? or is it the dca treating them as one debt? or..?

[Bandit127]

HSBC standard practice was to offset a personal loan to the overdraft (current account) before defaulting both. In my case they kept the credit card separate.

 

In my opinion this is an unfair abuse of the right to set off as it deprives you of the rights you have under the CCA for the loan.

 

My DCA didn't see through this (or more likely HSBC didn't tell them). So they defaulted on my CCA request which was made for the account as if it was a loan.

[Rohannah]

no not consolidated, card is still separate . The loan and overdraft have been combined probably by Metropolitan and as far as I can gather this was prior to being sold on. I'm re-aquainting myself with it all

 

Ro