Metropolitan & DG solicitors HSBC credit card

[chopkins]

Another Question

 

I was originally paying a debt from a HSBC credit card to Metropolitan Collections and they handed it over to DG Solicitors, I tackled them during a telephone call about who they were and how they'd obtained the debt and also asked about a copy of the signed agreement.

 

This is the letter that Ive received are they correct in what they are saying and should I now send a CCA request.

 

 

Further to our telephone call on the 26th July

 

In respect of your request for a copy of the original signed agreement for account number ***********, I can confirm that it has not been possible to locate these agreements. However there is more than sufficient evidence of your entry into an agreement over the years, your use of the card is evidence of your acceptance of those terms and conditions.

 

I would also point out that you have been informed that the account has been closed (????). The debt accured in respect of account number ********** was passed to Metropolitan services who are the banks debt recovery agents on the 15th june 2006. You therefore owe the bank a debt of £**** in respect of the account including interest as of todays date. Although there is a debt owed by you there is no longer a live agreement in place under which the bank can been seen as a creditor and therefore sections 77 & 78 of the consumer credit act do not apply.

 

 

What action should i take now? I feel the letter is misleading

 

Thanks

Karen

[rory32]

In respect of your request for a copy of the original signed agreement for account number ***********, I can confirm that it has not been possible to locate these agreements.

So the debt is completely unenforceable.

 

Although there is a debt owed by you there is no longer a live agreement in place under which the bank can been seen as a creditor and therefore sections 77 & 78 of the consumer credit act do not apply.

 

Under s189 of the CCA they are the creditor. Section 78 does apply, they just can't supply the agreement. The bank is required to keep a copy of the agreement for up to 6 years after the account has been closed.

 

What action should i take now? I feel the letter is misleading

 

Of course the letter is misleading. What action you take now depends on how you feel.

 

Have a look at this thread if you want some ideas http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/93884-wescot-rbofs-oh-dear.html

 

If you decide to pursue this course of action your letter should go to the bank and not the DCA.

[chopkins]

Ive read that thread and its as clear as mud to me (got my dizzy head on)

 

Would you suggest sending a cca request to the HSBC, because this been done over the telephone, and then what actions should I take, we know they're not going to provide a credit agreement as they haven't got one.

 

So then how do i go on to take them on, what should I write to them?

 

Thanks for your advice.

Karen

[rory32]

Sorry Karen, missed the bit about you having done this over the phone. CCA requests really need to done in writing. So send a CCA request to HSBC (even though you know what the answer will be) and then wait for a response. If you don't get a response after the 12 working days plus the calender month then I would write to them again asking for closure on the account.

 

Remember not to sign your CCA request and use a £1 postal order.

[chopkins]

Thanks for your advice, I will CCA them on monday, and keep you posted.

 

So basically the letter they sent is a load of rubbish, another thing should I withold payment to them if they start harassing for it in the meantime.

 

 

 

Thanks

karen

[rory32]

Once the are in default you can withhold any payment on the account.