Metropolitan Debt Collection

[moneymania]

Hi. Hope someone could just advise on this little issue.

My cousin has started court action against HSBC regarding charges. Before their defence has been entered, they have offered to pay the full amount, including the 8%. The problem is that he has a debt with HSBC, who have since passed this debt to Metropolitan DC. DG Solicitors have said they will pay the full claim to Metropolitan against the debt he owes.

 

I know that he intends to pay most of the money to metropolitan anyway but we cannot have the banks having the last word when he has come this far trying to ensure the bank tows the line.

 

I thought they HAD to pay the money to him by whatever means he chooses.

 

Is there anything he can do?

 

Thanks

[moneymania]

Hi. Hope someone could just advise on this little issue.

My cousin has started court action against HSBC regarding charges. Before their defence has been entered, they have offered to pay the full amount, including the 8%. The problem is that he has a debt with HSBC, who have since passed this debt to Metropolitan DC. DG Solicitors have said they will pay the full claim to Metropolitan against the debt he owes.

 

I know that he intends to pay most of the money to metropolitan anyway but we cannot have the banks having the last word when he has come this far trying to ensure the bank tows the line.

 

I thought they HAD to pay the money to him by whatever means he chooses.

 

Is there anything he can do?

 

Thanks

 

 

Just giving this a leg up!

[cheddar]

I am not sure but i thought that they were allowed to do this within the banking structure (eg when there are 2 accounts and 1 is in debit) but not sure when its gone to a DCA. Surely it would be better for him to have this debt wiped out or significantly reduced?

[sequenci]

I had EXCACTLY the same issue.

 

I made it a condition of the settlement that I was paid in the form of a cheque.

 

So they did.

 

hope this helps!

[moneymania]

I am not sure but i thought that they were allowed to do this within the banking structure (eg when there are 2 accounts and 1 is in debit) but not sure when its gone to a DCA. Surely it would be better for him to have this debt wiped out or significantly reduced?

 

Hi. As far as I'm aware, he will be paying most, if not all, towards the debt anyway. It's just that the reason that we are claiming these charges back, apart from it's our money, is to insure that the financial institutions abide by the law and to show we will not be conned anymore. We can't have the banks having the final word by paying bak the money in anyway they choose.

We must have the final word. :)

[moneymania]

Well according to Schedule 2 (1) (B) of the UTCCR 1999

 

inappropriately excluding or limiting the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, including the option of offsetting a debt owed to the seller or supplier against any claim which the consumer may have against him;

 

 

Hopefully this may clear things up. Waiting for DG Solicitors to contact me now, so will let you know if it works.

[sequenci]

it will work! they did it for me

[moneymania]

Well according to Schedule 2 (1) (B) of the UTCCR 1999

 

inappropriately excluding or limiting the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, including the option of offsetting a debt owed to the seller or supplier against any claim which the consumer may have against him;

 

 

Hopefully this may clear things up. Waiting for DG Solicitors to contact me now, so will let you know if it works.

 

I think your right. Spoke to DG, eventually and I was just about to quote the regs when she piped up and said "I dont want to hear schedule 2, I know". Lets just hope they contact them in time

[spritely99]

hello