2nd claim, an overdraft and a wedding (Plus M.C.S)

[stroke a badger]

Afternoon all.

 

I have a bit of a problem!

 

I was successful in claiming back over £4k In charges earlier this year which was used put towards our wedding and paying off a credit card.

 

While first my claim was going though I also incurred additional charges which currently In the process of claiming back. The date for the allocation hearing has been set for 13/10/07 but I have a feeling this will be put back.

 

Ok here is the problem.

 

In January this year I moved my salary and DD's to another account and left my HSBC account with sufficient funds to cover any additional charges that I might incur, which in hindsight was nowhere near enough. The second claim would clear about 40% of the amount owing!

 

Last week I received a letter from M.C.S notifying me that the account had been closed and I should clear the balance (just over £1k) Immediately or further action would be taken. I don't have an issue with settling my account as this is my financial responsibility, however HSBC have failed to notify me that the debt had been sold to M.C.S and it has court me by surprise as I'm not in a position financially to settle the account until the end of the year.

 

Would I be covered by Section 13.6 of the banking code?

 

My main question is, as the account is in dispute, can I request that the account be put on hold (as per Section 13.6 of the banking code) but not transferred to a DCA. If this were possible it would give me enough time to finish paying for my wedding (only £2k left to pay!) and save enough to settle my account.

 

Any thoughts - PLEASE

[jontah 2006]

"bumped"

[stroke a badger]

Bump

[Catlover64]

I have a similar problem when the nice people at HSBC sent me a default notice. When I sent them a snot-a-gram saying when they paid me, I wold of course pay them. Nothing more for a few weeks, then got a letter from MCS saying the account was closed and passed on to them. I had no prior notice either and told them so on the phone. I also put this in writing to MCS giving a precis of events and pointing out that every effort had been made by me to resolve this. That was almost a month ago, and I've heard nothing from MCS or for that matter the bank neither. Mind you, think it's be a bit cheeky for them to take action, when the claim's likely to be stayed....

 

Would suggest you do the same, i.e. call MCS and follow up with a letter via Recorded Delivery just to cover your back. If they start getting funny, then you've got evidence.

[Castlebest]

I think if you have settled all of your own spending from the account and the balance left is just charges there is not a lot they can do to recover this money.

 

The debt is already subject to county court proceedings that you have started and have placed stays on. So if they issue proceedings to recover what they think you owe them all you need to do is point out the debt is already subject to proceedings that have been stayed.

 

HSBC own goal.

 

pete

[stroke a badger]

Cheers Pete

 

Have a beer on me

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/109895-free-foster-lager.html#post1068759

[ScarletPimpernel]

MCS are HSBC's in-house bottom-feeders. They also send out letters from 'Central Debt Enforcement Agency' or 'Central Debt Recovery Unit'. You may also get letters from DG Solicitors, but all this drivel will actually be from MCS.

[stroke a badger]

Update

 

So after having to remind MCS and HSBC on 3 separate occasions that my account is in dispute I'm some what annoyed to find that I now have a default on my credit file for this account. To add further annoyance I have received a letter from D&G Solicitors stating that they are applying for a stay to be applied to my claim which is due to be put before a district judge next month.

 

My credit record is, apart from a default from our friends at Wescott which is due to drop off my record July next year, in good order so you can understand why I'm eager to have this new default removed.

 

I think I'm getting a tad out of my depth as I'm not sure where to start when it comes to the removal of defaults so any advice would be very much appreciated.

[freakyleaky]

This may be of some use to you!

S.10 Data Protection Act notice - if you have been defaulted for unlawful penalties.

[Castlebest]

Hiya Stroke, have a read of the thread Freaky left you and get the facts about removing default notices.

 

Read post #197 and post #213 on my thread

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85633-castelbest-ii-return-claims.html

 

wait for the notice from the court that your claim has been stayed and wrap the whole thing up with an application to remove your stay including all of the information from the above.

 

You can prove HSBC are carrying on with their appalling regime because they have done it to you while your account is in dispute, so tell the Judge

 

pete

[stroke a badger]

Cheers Castlebest.

 

One quick question while I'm thinking about it. My claim hearing is 13/10/07, should I expect to receive a notice from the court that a stay has been applied to my claim before the hearing or will this be applied on the day.

 

What really hacks me off is that HSBC have signed for three letters Informing them that the account is in dispute but still they apply a default

[Castlebest]

God forbid they should stop deducting money from our accounts Stoke :o as you will see from my letter to Heidi Danniels they are doing exactly the same to me .

 

DG are asking for stays to be applied in most cases. Sometimes they forget and sometimes the Judge wants to hear first hand what you think about it so you might not hear from the court but be prepared to argue your case regarding a stay when you get to court. If your judge does agree to a stay you will get a chance to appeal against it.

 

So whatever happens you will get a chance to have your say

 

pete

[stroke a badger]

Cheers Pete

 

I better get my court bundle together, dam!

[Rayne]

Just out of curiosity, and slightly off track so apologies, I'm about to file against Abbey (once I have enough money to actually do that). Abbey have already passed things over to their DCA who I have already informed in writing that the account is in dispute. Even though I haven't actually filed in court against them, can I still legally say that the account is in dispute?

[freakyleaky]

I would not have thought you could say the account is in dispute just because you don't agree with it. I think you need to make a claim first and then receive a defence from them to be able to state a legal dispute.

I satnd to be corrected and will try and get some confirmation on this.

[Castlebest]

I personally think once you have written your first preliminary letter asking for your charges back your account is in dispute because at that point you are disputing their charges and the lawfulness of them.

 

pete

[stroke a badger]

Update

 

I thought MCS had backed off since I had not heard anything from them for a while, however it now looks like our red cheeked little beauty - Deb's at DG Solicitors, has instructed " Debt collectors to employ other methods of recovery which may include calls to my address" Bless

 

Now, this is what grinds my onions. HSBC, MCS and now D&G have been informed both verbally and in writing by recorded delivery that I consider the amount in question, 85% of which is made up of charges to be in dispute. They seem to ignor this fact and proceed to send me letter after letter demanding the full amount. The last letter offered me a reduction if i payed with in 10 days.

 

My claim was stayed in October and what with the wedding and other things I forgot to apeal. I'm fuming that I allowed this to happen but there was other things floating around that required my attention. As my wife would say " you're only a man, how can anybody expect you to do or think of more than one thing at once"

 

For once, I think she might be onto something!:o

 

I'm aware that the threat made by D&G is an idle one and carrys as much water as a pair of Mermaid sandals, but i just wait to make sure that I have not missed anything.

 

So anyway what else should I do. I have advised all concerned that I'm disputing the amount in question and consider this matter on hold until such time that the results from the test case are known. Is there anything else I need to be aware of or should I just continue to file my fanmail from HSBC and friends and wait until the test case.

[Castlebest]

The worst they can do is issue a writ against you for the repayment of the debt, this actually saves you the court fee because all you have to do is defend with the same information that you would use if you had issued a writ against them.

 

so just ignore them, it maybe polite to just answer their letters with a standard prove I owe you this money and the charges arn't unlawful type letter but they can actually do nothing .

 

pete

[stroke a badger]

So it looks like i'll be sending another "bugger off" letter tomorrow!

 

[Castlebest]

Hiya stroke, you got one too mine was from Metro but same thing, the seem to be trying to extract cash as a last ditch effort have a read here.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/125577-metropolitan-collection-services-action.html

 

give it to them straight

 

pete

[stroke a badger]

At this rate I'll have a full house of letters, do you think I will I win anything? (Thoughts of jumping up and shouting house in a CAG bingo hall)

[Castlebest]

Hopefully we will all win something