Yesterday, HSBC called me asked to speak to Michael Bigg. I said "speaking" and they went immediately into discussing details of my account including amounts I owed etc. I pulled them up on this and was told that this has been normal procedure for several months. I usually use the security questions as a means of not talking to them. It could have been anyone answering the phone. What they're doing is relying on the honesty of people to not say they are me. That's fine for the honest ones, but the dishonest ones will just lie. So its no security at all. What are the rules and regulations in this regard? Thanks, Mike

Hi, my daughter started university in October. Before she went she got herself a nice new phone contract with T-Mobile. £15 a month gave her enough minutes and texts to stay in touch with family, friends and most importantly, her boyfriend. Towards the end of the first month away she received a text from T-Mobile saying she had exceeded her credit limit of £90 (hours on the phone to said boyfriend). When the bill came through she paid it. When her next bill came through she was surprised to find it was about £200. She thought she was still under £90 because she hadn't received a text from T-Mobile. (I know and she now knows that a £90 bill is not clever when you planned on spending £15 in the beginning). Anyway, she didn't get a reminder at £90, so she continued using the phone. They had upped her limit to £220 without letting her know. My question is: are T-Mobile allowed to do this? Is there anything that can be done to get some of this money back? Thanks for your help, Mike

And this is where the big issue is - how the hell do you get out of a spiral like this. Why the hell do banks have the right to my money before I pay for food, water, gas, electric, rent, etc. No one else has that right, not even HMRC. If the penalties are just the cost of banking, then they can send me a bill like everyone else. I can then chose when and how and if I want to pay it. Regards, Mike

Credit unions? Maybe? Regards, Mike

That's great - it all makes sense - thanks. Regards, Mike

The things the guy from MRA said are outrageous - completely untrue. FWIW, MRA are the worst of the DCAs I've had to deal with, and they were the worst. The way they spoke to my wife on their first phone call to our house and my subsequesnt conversations with them made me think something wasn't right. I googled them and found this place! Also, I've not paid a penny to any of the credit cards I held this year with debts in excess of £30k (one of them being a MBNA account), so please don't fret about this. There is a wealth of information here and good helpful people who can help you deal with your situation. Kind regards, Mike

If there has been no activity on the account for 6 years or more, the account is statute barred and they cannot collect. I think you should write to them statting that you do not acknowledge the debt and that they should send you complete details of the aledged debt. Regards, Mike

Phil and supasnooper, thanks for your replies, but I don't think either of yuo have addressed the point I was making. I don't talk to them on the phone and I'm sure that their calls and harrassment will continue. I'm concerned that my refusal to talk to them on the phone could be used against me should it be taken to court, so wondered whether it would be worth getting something if the file which explains my actions. Regards, Mike

That's too small for me to read - can you use something like photobucket instead? Regards, Mike

Interesting first post, samjam01 and interesting use of the word "we" in your second sentence. Freudian? Regards, Mike

My advice is not to talk to mercers - don't answer their security questions or say the person they are asking for is not available. It will then go to Calders - who are part of mercers. Probably same people at the same desks. Last time they called I gave them the wrong year of birth - they carried on with the call anyway! Good luck, Mike

Hi, I have stopped taking phone calls from the banks and DCAs - I refuse to answer the security questions and insist on everything in writing. I can't help wondering whether this may count against me should anything actually get to court. I've seen the template letters which state law for why one shouldn't be called - harrassment, use of equipment etc., but reports indicate that the letters aren't very effective. So, I've been thinking of another tack - that is writing a letter with reasons why I can't talk about the issues on the phone. The reasons may include: o I wouldn't have the paperwork to hand in order to answer the questions accurately o I wouldn't have time to properly consider my answer o I wouldn't have time to take proper advice regarding my answer o I'm concerned that the summary write-up that would be done would not accurately reflect my sentiment - especially as it would be a summary o I'm a little slow of thought (sadly, true) and wouldn't want this to work against me. Is it worth writing a letter to the dcas explaining that I won't accept their phone calls because of the above, but that I will accept their questions by post? I know it won't stop the calls, but should something get to court, should they acuse me of being uncooperative, would having that on file assist? Opinions welcome, but be kind - I'm feeling a bit delicate about money stuff at the moment. Regards, Mike

Same here. Regards, Mike

This is what I'd do. Regards, Mike

FWIW, I completely agree. I recently sent a letter to my MP making a number of points about the unfairness of Halifax being able to help themselves to £63 for an unauthorised £0.08 overdraft for 1 day. I asked specifically why banks have this right. He answered all my points but that one. Mike

OK- understood. Thanks for your help. Regards, Mike

Thanks for your detailed reply, BankFodder. I don't think I have all the info to calculate the interest, but will see what they send me. (Its a shame the banks can't be instructed to do the calcs - it would be easy for them to do). I'll certainly send them a letter based on your third paragraph this weekend - in order to try and stop them passing on the debt and affecting my credit file. Thanks again, Mike

I haven't - they have told me the total of charges applied verbally and said they have sent me a letter which I am yet to receive (postal strike and all that). Mike

Is it the right way round to do the credit card charges before the CCA requests? I'd have thought the other way round would be better becuase: 1) If the CCA proves unenforceable, the charges not relevant; 2) The credit card companies often get their knickers in a knot regarding the charges and default notices. (If the numbers on the DN are wrong they can then only ask for the outstanding amount not the full amount). 3) CCA request are quicker - 14 days vs 40 days. Comments welcomed. Regards, Mike

Hi, I have an overdraft of about £2500. I haven't paid into the account for ages and have received a final demand for payment or the debt will be sold on. I asked for the amount the bank had taken from the account in charges over the years and this amounts to about £3000. I now wish to reclaim the charges, but I'm not sure of the process given that a final demand has been sent (I'd rather not deal with debt collectors, but deal with the bank). The template letters suggest giving the banks 14 days to respond then a LBA etc. Following this route would mean the debt would be passed on. Please can you tell me the steps I should take given the tight timescales? Thanks for your help, Mike

Angry Cat, how does snookie do this? Regards, Mike

postggi, You've cleared off most of your personal info, I believe that square barcode contains info that would identify you. You might want to remove it. Regards, Mike

Did you reply to their letter of 13th Jan ? It seems to me completely unreasonable that they send a litter like this with non signature required - and presumably statements and other sensitive info - whilst requiring a signature for something that could cause them some embarrasment. You could send them the "I don't need to give you a signature for that" letter, or send a signed letter, but make the signature hard to lift and subtly different from normal. Regards, Mike

I think you should keep track of your hours spent in research - if it goes to court again you shouldn't have to be out of pocket for their behaviour. Regards, Mike

Blimey - that is underhand!