(HSBC) MCS Ltd

[mnealio]

Hi guys doing this on behalf of my brother as he don't have access to the internet and isin't computer savvy............

 

A couple of years ago he got into debt with HSBC, they transferred his debt to MCS Ltd in which he was paying £30 a month for a credit card and £30 a month for a loan, totalling £60 in total, they seemed happy with this, so he continued paying..

 

He rang them in December informing them that he would be missing a payment but would make it up in Januarys payment, unfortunately he didin't and they have bombarded him with phonecalls sometimes calls being made up to 10 times aday up until 8pm at night and even sundays, so i informed him next time that they rang to inform them that their harassment puts them in breach of section 40 etc etc etc and that he wanted all future dealing made through post only.... this happened on saturday, now today he has received 2 letters from DG Solicitors informing them that they have been instructed to take legal action against him in the county court to recover the full debt.

 

Now he is totally worried and panicked because obviously he cannot afford to pay the debts off in full and is afraid incase they do an attatchment of earnings and somehow take his house of him......... they are giving him 7 days to pay the loan and credit card off in full.

 

 

What can he do?? All help would be much appreciated, also just to let you guys know he has not issued a SAR or anything like that as they were happy with the payments but like i said cos he missed that one month and couldn't make it up he worrying!

 

Thanks

[LAN01]

Send a CCA request to the DCA they have 12 working days to comply if they don't they are in default after a further 30 days they will have committed an offence. They cannot take court action whilst the debt is in dispute.

 

I would also SAR HSBC to see how much of the debt is made up of charges and re-claim them back to reduce the amount of debt owed.

 

Also if the telephone calls continue send them the harrassment letter.

[mnealio]

Thanks for the advice LAN01, gonna get onto that now for him, regarding the SAR do I need to send 2, one for the credit card and one for the Loan or do I just send the one SAR with bothe of the account numbers? also do i just make the one payment of £10.00?

[LAN01]

Just one S.A.R - (Subject Access Request) will do as you are requesting that organisation send all information pertaining to you, so if you have one or 7 accounts with the same organisation they should send you copies of everything they have to do with all accounts.

[mnealio]

Great, thanks again, sorry but one more thing if you don't mind, I've searched for the CCA template in the templates section but can't find it? have i overlooked it? Thanks again, will keep you updated.

[mnealio]

sorry forgot to add (when i eventually find the cca template) lol should he send it to the solictors address or to MCS Ltd address?

[LAN01]

Try this one:

 

 

 

"Dear Sir / Madam,

 

Account number: XXXXXXXXXXXXXXX

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from {insert Credit Card company} and {insert DCA name}

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

Send it to MCA with your £1 fee and cc it to the Solicitor.

[mnealio]

Thanks your a Star!!!

[mnealio]

I'm so sorry to keep asking questions, but will he continue paying the monthly payment that he has been paying? if he stops will that go against him?

[LAN01]

No problems, we are all here to help!!

 

Yes you must keep paying them for now. Once you have sent the letters wait and see what comes back. If no CCA can be supplied after a total of 42 days you can then stop your payments to MCS.

 

All of mine are in default and coming up shortly to the 42 day deadline, it's just a waiting game to start off with.

 

Your brother will probably still get the letters from MCS but I would just ignore them, they cannot do anyting to him while the debt is in dispute.

 

Let me know how you get on.

 

Lan

[mnealio]

no problem will let you know, posting the letters on monday recorded delivery.

[mnealio]

CCA to MCS (+ copy to DG Solicitors) and SAR to HSBC sent today, so now i give MCS 12+2 days from the day they receive it or from today?

[hannabarbera]

You are dealing with all the same people. MCS are HSBC's in house DCA and DG Solicitors are their in house solicitor. It is all scare tactics and they use standard letters. Stick to your guns and carry on the payments as before.

[LAN01]

it's 12 days from them receving the letter the 2 extra days allows for postage time. So just sit tight and wait

[mnealio]

The first 12 days are up tomorrow (thurs 17th may) I still have not heard anything regarding the CCA from MCS, I know I have to give them another 30 days before they have committed an offence, but i'm still not sure whether my brother should stop his payments tomorrow or when the 30 days are up. Also should i send them another letter or again wait until the 30 days?

[LAN01]

MCS will be in default tomorrow and you are within your rights to withold further payments (keep them to one side just in case they do provide the relevant paperwork).

 

It's not your responsibility to remind them of the timescales, just sit back and let them commit the offence and then report them to the relevant authorities.

 

Lan

[mnealio]

Hi

 

Received CCA this morning also Credit card statements going back to the beginning of the account, but they have not sent bank statements that i requested also. thing i'm confused about is that I received the CC statements from DG Solicitors with a letter saying.............

 

_____________________________________________________________

 

Please find enclosed copy statements as requested. together with a copy of the credit agreement. We are aware that our client has since written to you confirming our involvement in this matter. (NO THEY HAVE NOT)

 

We shall hold matters in abeyance for a period of 14 days, in order for you to put forward your firm proposal for repayment.

 

Should you fail to respond to this letter, within the time specified, we shall have no option but to continue with our normal recovery actions.

 

______________________________________________________________

 

So do I wait for the bank statements? who do i now correspond with? them or HSBC? (i know DG work for them) i'm totally confused with this now also what about the time limit from the original S.A.R - (Subject Access Request) that I sent HSBC for the CC and Bank statements?

 

Any help would be appreciated, should i contact them?

[LAN01]

Hi mnealio

 

Have they sent you the credit agreement for the credit card or just statements? (Doesn't matter who sent them)

 

If so can you scan and paste (blank out personal info) so that we can have alook at it?

 

On the statements have there been any charges added to the account?

 

The request for bank statements would fall under you S.A.R - (Subject Access Request) and they have 40 days to comply with the request.

 

You can write DG a letter explaining that the still haven't fully complied with your request and remind them that the

clock is still ticking.

 

 

 

Lan

[mnealio]

forgot to add, that on the CCA it was signed for on 30/08/01 which was a normal master card, then it got upgraded automatically to a gold credit card February 2005.

 

The only statements that I have received are the ones for the Gold Credit Card dated from 21st february 2005 up until 20th february 2006, the card had not been used from Aug 2005 as that was when he went into debt with it.

[mnealio]

Hi Lan

 

they have only sent the CCA for the credit card and only statements for the credit card also!

 

busy scanning the cca now, give me 10 minutes or so. (taking a bit longer, will post it as soon as i can)

 

btw the names Neal

[mnealio]

This is the letter I got with the CCA and statements

 

 

 

 

 

 

 

 

 

 

 

[mnealio]

obviously I had to delete all his signatures and address etc etc.

[LAN01]

Hi Neal

 

At first glance there are no terms and conditions, no interest rate or APR on any of this paperwork. I will have a closer look tomorrow and try and get someone else's input for you.

 

Lan

[mnealio]

Hi Lan

 

hmmm Looking over the paperwork there is nothing with interest rate or APR that you mentioned............. i'm away tomorrow (saturday) and back on Tuesday so i'll keep checking this thread until I leave tomorrow and if you need to know anything else just holla.

 

Thanks Lan

[davefirewalker]

Hi mnealio.

 

you are correct in that this would not hold up as an agreement. did they send you seperate t&c as well?

 

Looking briefly at it and the other docs it seems like most of the important stuff is missing!

 

there is no credit limit

no rate of interest (or apr)

no repayments schedule

no rights of protection

no default charges

 

I would write back to them and tell them that the documents supplied do not comply with your request (don't tell them why).

 

then say that they are in default as the required time to supply this has elapsed (12 working days) and as such until they supply the correct paperwork they have to cease all recovery action and should not pass any data onto third parties, as the data may be innaccurate and in contravention of the data protection act.

 

add that after one month from the end of the period allowed they will have committed an offence.

 

have a look at my thread

 

http://www.consumeractiongroup.co.uk/forum/general-debt/84285-ccas-dave-against-world.html

 

it might give you some ideas

 

or this one

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/79147-consumer-credit-act-resources.html

 

rgds

 

Dave