MKDP CCJ old HSBC Managed loan/card now OD bal - Robinson Way want payment

[wellingtonlane]

Hi Folks,

 

Not sure if this in the right Forum area so forgive me if it's not!!

 

I have/had a credit card with HSBC that had a balance from 2006/7

 

The monthly payments(minimum) were coming from a sole business account also from HSBC.

 

The business closed a year ago and I thought the credit card account had been settled. Wrong...

 

Over the last few months the business account was slowly drained until it was zero.The credit card had fallen into arrears,and then HSBC settled it out by transferring the whole debt to my business account,adding about 600 pounds of charges to boot !!

 

I now have a DCA chasing me for 1200 pounds on the old business account that I left with some money in the account.

 

I've lived abroad for a couple of years now,and have sent a CCA letter to the DCA,Metropolitan of Birmingham.

 

The real questions are:

 

Can Hsbc do this?

What do I do next, I have a current account that I pay my UK mortgage with,and don't want to find they raid that one as well !!

 

Is the CCa a wate of time,since the debt is now apportioned to a business account-clever of them,maybe?!

 

HELP !!

[maroondevo52]

Hi, wellingtonlane.

 

Have you thought about re-claiming the charges from the CC ?

 

And yes, they can shift your money around, they call it 'offset', it'll be in your T' & C's.

 

Regards.

 

Scott.

[IdaInFife]

Hi,

 

As Scott says most bank have a little cluase to say they can set off on account against another.

 

Here's the link for business claims if you want to try and claim back any charges

 

Business claims for bank charges - The Consumer Forums

 

Ida x

[wellingtonlane]

Thanks,

 

Will check out the link and action over the next few days.Looks like the CCA request was delivered by post today-should be interesting!!

 

Is it 12 working days now,or calender days?

 

WL

 

By the way,are they able to raid my private current account to pay off this business debt now?

 

I was a sole trader.

 

WL

[nosnibor]

Hi Wellington

I think it is highly likely they will try. If I were you I would open an account with a different institution asap

Nosnibor

[maroondevo52]

Hi,

 

It's 12 working days,plus 2 for posting, and I also think they can move money from one account to another, not 100% sure but would think it's more than likely.

 

Regards.

 

Scott.

[wellingtonlane]

Thanks all,

 

Will try to find somewhere to move it-although cos I live abroad now,it may not be too easy.

Keep you posted...............

[palomino]

In short, yes. You privately and as a sole trader are the same thing in law.

[wellingtonlane]

I've received a letter from the geniuses at Metropolitan thanking me for the payment of one pound towards the debt,and what will I do about the rest of the money I owe !!!

 

No mention of the CCA request that I sent them-any suggestions?

 

Should I send them the standard letter,when folks don't respond properly.

 

Will try to load the letter too.

 

Thanks,WL

 

[wellingtonlane]

I had a Credit card and a couple of bank accounts with HSBC.

 

Without my knowledge they paid off the Credit card that was in arrears,by transferring the debt and charges to a bank account with nil balance.

 

The bank account is now overdrawn-I was never given an overdraft-and the DCA trying to collect has replied to my CCA,saying overdrafts are not covered by the CCA.

 

They are now pushing for me to settle the debt,and I don't have a bean !!

 

Is this a legal ploy,for avoiding the CCA and are more Banks doing this sneaky trick??

 

help please?!

[BankFodder]

This has got to be wrong.

 

If I were you I would write an immediate letter to the OFT and to trading standards complaining of unfair commercial practice under the CPUT regulations.

 

I would also make an immediate complaint to the bank and make it clear that you want this to go directly to the ombudsman. Tell the bank also that you have complained of unfair commercial practice by them.

 

Don't deal with anybody on the telephone unless you are recording your calls. Keep copies of all correspondence in either direction.

 

Keep us informed of what happens here. It is a very interesting tactic that as I have said -- this has got to be wrong.

[havinastella]

This is taking the right of 'Set off' to a whole new meaning

[wellingtonlane]

Thanks all,

 

I'll write to them all straight away.

 

Will keep you posted on progress-if any !!

 

Ps Also have a c,card under MBNA section with the wrong surname on my agreement recently sent by the Bank-any comments?

[johnnymitch]

The bank account is now overdrawn-I was never given an overdraft-and the DCA trying to collect has replied to my CCA,saying overdrafts are not covered by the CCA.

 

Is the DCA which is trying to collect Metropolitan Collection Services by any chance ? If so , they're not really a DCA , just HSBC's debt collection branch .... they use their premises and database - just different headed paper.

 

Also , the CCA may not cover overdrafts , but a SAR will cover everything . They are just trying to be smart . I would do what Bankfodder suggests and report them immediately.

 

Also, if that is your agreement but not your name - they would appear to have breached the Data Protection Act - and the agreement may be unenforceable....... you could complain to the Information Commissioner's Office ..... send them a copy of the iffy agreement ......

 

Complaints - Privacy & electronic communication - ICO

[wellingtonlane]

It is Metropolitan-I was quite suprised they actually gave a legal opinion if they were a DCA!!Must be why.

 

I'll try to find the time to sort things out this week.

 

Thanks WL

[Cen Trust]

The same has happened to me they transfered commercial card balance to add to overdraft and charged 7% interest and account fees. I no longer have the business and they have changed the account name to a personnel account any advice on what to do

[Castlebest]

Hiya Cen Trust if that is true its even worse than the situation wellingtonlane has because they have mixed commercial accounts with personal accounts, something the inland revenue takes a very dim view of.

 

I would follow the advice bank fodder gave to Wellington also personally I would fire off a full subject access request to the bank. They will have 40 days to supply all of the information, copy letters, statements, contractual agreements anything they hold that concerns you and all of your accounts... its never too early to start collecting evidence

 

pete

[wellingtonlane]

Dear Caggers,

I wrote to Cag in 2009 to explain that I was being pursued for arrears for a bank account with HSBC.

 

In fact the original problem was that I had fallen into arrears on an HSBC credit card,

and they had cleared this by pushing a personal business account into overdraft, although I didn't have one at the time.

All of this was done without my permission.

 

After years of constant chase letters to my owned flat in England, MKDP LLP have obtained a CC judgement against me in April 2014.

 

I would add that I have lived in Indonesia since 2006, and only know this since I have just returned for a brief annual holiday here.

 

Questions:

I have already emailed MKDP to say I shall be applying to set this aside, but is the recommended course of action?

I need to return home to Indonesia in a couple of weeks..

 

Should I be using the fact that I had no way of defending myself as the primary defence, since all mail simply piles up at my rented out property?

 

Should I be raising a SAR on both the Bank account and the Credit card it was used to settle?

 

Any advice kindly received..

[Old Cogger]

since 2006 or even during that time any payment/acknowledgment from you to this debt? if not it would be statute barred after 6 years in england & statute barred under limitations act & 5 years in scotland, if this is the case you get it set aside as your case for it, wait others will advise if I am correct and next move?

[BankFodder]

I think that you need to let us know what the timescales are here - is it SB?

 

Although you did not receive the claim,

you would also need to show the court that you have a reasonable chance of success at trial in order to apply for a setaside.

 

Although you are based in Indonesia, you have an asset in the UK jurisdiction and that means a judgment could be enforced against you.

 

Although you are based abroad - because you have property here,

I think that a court might feel that you should have some arrangement in place to be aware of what post you receive.

I think that this is not an unreasonable expectation.

 

What is the claim?

If it is not SB and there is no other good reason for avoiding it,

I'm afraid that your best interests might be to sort out an appropriate arrangement.

 

I can't imagine that with an asset here you would simply be able to say that you hadn't received the papers

- and then avoid the action simply by gong back to Indonesia.

[dx100uk]

for sake of history

I've merged three threads concerning this card

 

and moved this thread to legals

 

dx

[wellingtonlane]

Thanks All,

In terms of SB I honestly do not know.

..I guess my payments would have continued until late 2008/early 2009 so they have avoided that bullet...

 

Does the fact that the amount originally came from a Regulated Credit card not count,

or have they played me well...

 

Is it worth obtaining a SAR for any payment details or do you think it is too late..?

 

I have received an email response from MKDP to say they are not willing to set this one aside

-worth a try I suppose..

 

Incidentally, having now checked my credit record,

is there a way of giving my address in Indonesia as the serving address.

.previous tenants have just piled up, or binned post and the Royal Mail will not redirect

since I have not lived there for so long..

Thanks again..

[wellingtonlane]

Dear Caggers,

 

Does anyone have any advice for me pls?

 

Thanks

[tiggrae]

Have you applied to the a Court to have Judgement set aside?

[citizenB]

You have been given good advice in post # 20.