maria100 v HSBC

[plonker]

cheers for the above really helped

[maria100]

Thanks for the info Lateralus, had a look at the link ref the defence, I have to say I thought it was lacking in detail even to a lay person like me! I had my initial panic when it first arrived but feeling quite excited now, my money can't be far away. As you say the 11/11 is over 2 weeks away so plenty of time yet to get the AQ returned if necessary.

 

Thank you all for the moral support, it makes all the difference.

[maria100]

Update people!!! Offer recd from DG this morning for £1305.57, its just short of full amount, I think they've missed the daily interest from date the claim was submitted. The only problem is they want to offset it against my debt with MCS (I knew they would do this), so a letter is going back requesting a cheque or I will continue with my claim! Watch this space!!!

[winnie123]

Well done Maria - Have to say I am not surprised that they are doing this and they have no right to offset it against the debt - Hold out for the cheque if like me you have put this in your claim they will have to pay up won't they ?

[maria100]

I'm unsure as to how I stand with the MCS debt and the settlement being offset but its worth a try and if I'm honest I NEED that cheque for more pressing debts, I read somewhere that it depends who actually owns the debt (HSBC/MCS) and I'm not entirely sure in my case. All I can do is continue with the court claim until settlement is agreed on my terms.

[winnie123]

Hi Maria

 

Is the agreement that you have with MCS arranged with you and them or did you have it arranged via a debt managment company ie CCCS ? - The reason I ask is maybe you could contact the debt management company and find out specifically who the debt now lies with ? That way you could find out if HSBC have severed all ties with the debt and sold this on to MCS - have tried to research MCS on the internet with no joy - Helping you as also in the same position and I am expecting the same thing to happen to me. If I don't get this money worried the council will come after me for my council tax !!

[Don1]

WELL DONE MARIA....Ive had an allocation questionnaire which has got to be returned by the 13th november...I dont know whether to just send it back or wait a little longer???I dont want to delay things much more.

[lateralus]

Don, don't send the aq back until the last couple of days before it is due - hsbc and dg have the same deadline - why pay £100 when they may well settle in the next couple of weeks. read what i wrote to maria above and note that her offer came 3 days after she wrote what you have just written. good luck add a little patience and maybe a gentle shove to dg in the right direction could = your £.

[Don1]

Cheers Lateralus....ill wait a little longer...not much I HOPE!!! will keep my thread updated:)

[maria100]

Good luck Don1, I'm sure an offer will be forthcoming as mine was, I just need to push for a cheque now - have sent DG a fax (on fri) to advise offsetting payment to MCS is unacceptable and I accept their offer if a cheque follows in 7 days. Also reminded them that the AQ is due to be sent back to the courts and this will cost them if they delay further.

Hope this does the trick, will chase it mid week and update.

 

Winnie, the payment arrangement was made between myself and MCS years ago when I sent them a statement of means (income and outgoings) they agreed to my offer of £20 a month and I have paid by standing order ever since. The only info I have is on my HSBC last statement when they closed my account, it says:

 

Date TFR £ amount I owed on loan

Account Closed

 

I presume TFR means transfer but have been told this could be 'sold', I should have done sar to MCS but didn't and believe its too late now so I'm just living in hope!

 

Will post an update soon

[winnie123]

Mine says the same on my last statment in Jan 2006 - this is also transfer but I doubt that they would out that they have sold the debt

[maria100]

Hi all,

Letter recd from DG today syaing cheque will follow within 7 days!!!!!!!!!!!!! At last!

Only one thing - I can't see the cheque being recd and cleared in my bank account before the AQ deadline, shall I send it off anyway, any thoughts anyone??????

[plonker]

I would ring them and explaint he situation. you may be able to get the cheque sooner. If not just tell them to add £100 onto the settlement figure and send the AQ off.

 

Thats what I would do

[maria100]

I don't think there is a fee to file the AQ in my case as the amount I'm claiming is under £1500, will check with the court and if this is the case will file AQ anyway to buy extra time (same tactics as DG.......lol)!

[plonker]

If there is no fee I would defin file it. Carry on regardless until you have the cold hard cash in your hand!

 

Banks can be very underhand as I'm sure well aware

[theskev]

Any progress? I'm waiting with baited breath as I've also filed against HSBC and they've ackowledged.

 

It appears that I'm approximately 1 month behind you.

[maria100]

Hi theskev,

No cheque recd up until this morning, filed AQ yesterday as this has to be in by 11/11. Chased DG - julie kyle - this morning, apparently chq posted yesterday and will be with me by friday, good job I did file the AQ!!!

 

So I'm sittin' here with everything crossed. Going after Lloyds next after being hit with yet another charge this month, its one downward spiral, when are they gonna get it!!??

[maria100]

Cheque finally arrived Tuesday 14/11 after I chased DG again (only to find out julie kyle has now left the company!!!! Aahhhh, she couldn't hack it eh???!!!! Anyway a very helpful Darren couldn't tell why I hadn't recd their prev chq and issued another straight away. So it should clear tomorrow and donation will follow.

 

Letter printed out to inform the courts of settlement, ready to go Monday.

 

Thanks to all for their support it can be daunting - now I have the bug and have another high street bank in my sights!!!

[plonker]

well done you. I've run out of bank accounts unfortunately