Some advice please - debt collection

AGibson wrote: »

does HSBC have an internal debt collection team the use or pass it to another external agency?

HSBC "in house" debt collectors are Metropolitan.

They also have DG solicitors that are equally an internal firm.

As usual, they would prefer you didn't realise with those.

It sounds a tired old phrase, but you can't pay what you don't have. If they can't accept that, then tough.....

The fact is under the OFT guidelines they can not refuse a fair payment so send them a letter with your financial satement and your offer. You might get a better response by writing than you get over the phone. They can not make you go through CCCS ect and to be honest I can't see why they would want to they wont get any more.

Many threaten DCA's but I've actualy found them easier to deal with than the banks. I haven't had any experiance with the ones HSBC use though. They have no rights to come to your home to do anything unless they have a court order. If they do take legal proceedings you will get a CCJ but as long as you are paying what you can afford this isn't a big problem. The threats they make are pretty empty as long as you are paying what you can afford and dealing with them in a reaonable manner so don't let them intimidate you.

I would always write, never waste your time on the phone to them. They aren't trained in consumer law. Not one bit of it. And if you get someone in an overseas call centre ... I would scream right about now in that direction but hope you see my point. Writing to them means you have the legal proof you have contacted them. Which at a court stage is vital.

Regarding Mercers and home visits. You may start getting such letters from 'Calder Financial Services'. They are Mercers, incidentally but make it appear as if they are not. And you have to use a microscope to notice the tiny address on the bottom. But home visits. There is a letter you can send them regarding this. However, it is unlikely anyone will actually show up. They are just threats.

Now the other suggestion is have you asked for a copy of your CCA at anytime? If not, it can be in your own best interests when dealing with these creditors, to request one. Then see what they have. Then you have something on your side to negotiate with on your terms not theirs.

And as some have said, Mercers will always refuse a minimum payment. They are instructed to accept - least it was last time I spoke with them - nothing less than £25 and will keep referring to their 'client' knowing full well they ARE Barclaycard. I know this because I had it on the phone last year and also from reading other consumer forums. As long as you are paying them something they are also accepting and receiving payment.

The other thing I note some creditors are fond of doing is saying you HAVE to go and get help from a debt charity such as CCCS before they will reach a payment arrangement with a debtor. In which case I would be tempted to ask them where in UK law, consumer law does it state this? Because it doesn't as far as I know. As you can appreciate I've had quite a lot of this from creditors/DCAs so just passing this on.

Here's the letter I suggested regarding home visits, which I would send BTW, to use later on if necessary:

Dear xxxx
Account Ref xxxx
Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.
Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.
There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).
Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.
Yours faithfully,

them before hand or when they actually threaten with doorstep collectors?

Both. Though, if anyone does show up - unlikely but happens on the rare occassion - is if you have to open your door just give it to them. But send it now. Then you have given legal and formal warning, which may be produced later so that will show them up for ignoring your request.

What is this CCA i should be asking for? and what should i be looking out for when i get this?

Sorry, I've got into the terrible habit of using consumer forum shorthand. The CCA is your agreement in short. What you signed or completed to take out the credit. The letter you need to send is here, don't sign it but print your name (for the very good reason your signature could end up on an unsigned document if nothing else ) and then wait 12+2 days for their reply. Until they reply you are under no obligation to pay them and is useful later on down the line:

Dear Sirs

Account/Ref etc

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 - which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

It's always best to pay this using a postal order as opposed to cheque. For the same reasons as signing your letters to a creditor/DCA.

When you receive it or IF you get any replies, come back here and post etc.

Oops, forgot. But send to Mercers. Yeah, I know they are BC, but as they are holding the account now etc. It will be in the same building regardless. Or thereabouts.

One other tip with your CCA request is you may want to include something along the lines of your payment is ONLY to be used for the express purposes instructed within the letter. They have a terrible habit of 'misinterpeting' or acting like they cannot read sometimes and often use it to pay off your debt.