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    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
    • nope, as the display model was not the colour the customer wanted. but your question is totally immaterial anyway as custom built doesn't come into it. dx
    • as long as aos is done by day 19 from the date on the claimform they get a total of 33 days to file a defence. (whereby the date top right on the claimform is ONE in the 33 day count) dx  
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CatLover64 v HSBC


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Now I really am ******* steaming mad:mad::mad::mad:. Got a nice little letter yesterday from Metropolitan, saying the overdraft has been passed to them. In other words, I now have a default against me -GRRRRR. Had a nice talk to the lady on the phone, and told her in no uncertain terms that the matter had now gone to court, and HSBC were fully aware of this, as I had written to them on the 7th July via recorded delivery declining the ex-gratia offer as it had now gone to court. I was then told HSBC never told Metropolitan ANYTHING!! It wasn't even as if I had been ignoring them - quite the opposite! Anyway honey, I says - not my problem. All this will be going into my court bundle....

 

I'm going to talk to the lovely people at HSBC tomorrow and ask them what the hell they're playing at. Clearly, my letters are having no effect at all. Nobody talks to each other, and this is creating an even bigger mess now -GRRRRRR.

 

Once this is resolved, can I complain to the Financial Ombudsman? They've already advised they will look at the issue of the card once this is over...

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of course you can - keep records of who said what and when.

 

another little fact i've learned since helping out here -

every time someone complains to the fos and they investigate - it costs something like £300 to the bank - if enough complained - i think they would soon stop doing this kind of crap.

you do know that hsbc owns metropolitan and dg is their solicitors too (just as dg is hsbc's in-house solicitor) they are one big happy family

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Hi Lat - thanks for the response :D. Yes - I did know from reading previous posts that Metropolitan & DG are all subsidiaries of HSBC!!

 

Spoke to HSBC this morning, and asked to speak to a manager whose name I have a record of. It's like speaking to a robot....

 

I explained that this should never have gone to Metropolitan, as the account was in dispute (i.e. is now in the court system, for the refund of charges). I told her I thought it would have been sensible to wait for the outcome of the court proceedings before taking further action. But then she got very stressy and said she did not choose to discuss the matter further. Honestly - it was like talking to a brick wall!!:evil: :evil: :evil:

 

So I then called the Financial Ombudsman (They must be SO sick of me - I already have a complaint in hand with them!!). And I have been told now the matter's gone to court, even after the conclusion of proceedings, they cannot help! I know what I've read from Latty, and FO's office told me previously they would deal with the matter of the card as it could be viewed as retaliation.

 

Now I am confused - What would be the best course of action now?:?

 

HELP!!!

 

TIA

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Thanks Latty - will check out the FO's website as well. But thinking back, I'm sure they CAN investigate the bank's behaviour even after the court case is concluded. Remember Kevin (Lloyds)? And I'm sure they told me the same thing when my card was taken. I'll look back in the thread, and check my notes.

 

Meanwhile - will write to Metropolitan setting out my position, so they have all the facts. ;)

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OK - Have now written to Metropolitan setting out the facts and sent the letter via Recorded Delivery, which I know they have received. At the same time, I've sent my first nudge to DG, asking that they consider my claim in full as I could not reasonably know all the facts before. In any case, all the entries WERE within the six year limit when I started. Still haven't heard anything from the court, so will leave it another week before I call again.

 

Even though the debt is now with MCA, does that mean a default has been recorded against me? I have not actually received a notice, just a final demand...

 

Any help or advice welcome -TIA :)

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Forgot to add - As HSBC have now closed my account (Like I care!!), I cannot now access my account online, therefore cannot send any e-messages or get an accurate balance.

 

Is it worthwhile to write another snot-a-gram expressing my unhappiness about the way things have been handled by them? And can I still complain to the FO about their behaviour after the court proceedings are done? Only asking as I always thought you COULD complain and was told as much by one of the people in the FOS. But have called again to be told they can't help me even after the court case, as I've gone 'Over their heads' and straight to court. Has anyone else done this, and how did it pan out??

 

TIA :D

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Hi Cat,

 

I think I read somewhere if you issue court proceddings then the FO cant investigate

If I were you give it a try, have you looked at the complaints on banks page?

I think thats where I read about this, You are better off carrying on with your court proceddings, have you another bank account open ready?

If so just wait for them to make your offer, then forget about them!

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Good, glad you have your new account open and running, it appears they are giving you a real hard time, so see if you can complain!

I read somewhere every time a complaint is made to the ombudsman it costs them £300!

Wont be long now Cat, you will soon get your money!

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I see that a test case is to be launched involving most of the High St banks. I've had a look on the OFT website, and it does say that it will be for the courts to decide action with pending cases (of which mine is one). But it also goes on to say that any bank applying for the FSA Waiver isn't obliged to handle complaints regarding requests that the charges be repaid.....

 

What's everyone's view on this?

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I see that a test case is to be launched involving most of the High St banks. I've had a look on the OFT website, and it does say that it will be for the courts to decide action with pending cases (of which mine is one). But it also goes on to say that any bank applying for the FSA Waiver isn't obliged to handle complaints regarding requests that the charges be repaid.....

 

What's everyone's view on this?

 

Anyone got a view about this? I'm thinking that as my case is already in the court system, it'll have to be dealt with, and it shouldn't wait pending the result from the High Court. But if anyone's starting a claim or if it's still waiting a response from the bank in the first instance, it'll be placed on hold because of the waiver from the FSA....

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