Trying to reclaim but being chased by solicitors - help!

Maisie_Miss

I am sorry if this repeats a query already raised on here, but I wonder if anyone can help?

We used to have a current with HSBC until last November, when they pulled the plug on an existing overdraft and cancelled all our direct debits. This was after we had tried to reclaim just over £2,000 in bank charges, under the financial hardship guidelines. HSBC refused to acknowledge that we were in difficulty because all our bills were being paid (as if that were a bad thing!) and we had not missed any mortgage payments. Our disposable income after paying everything just about covered food and necessities. On the advice of a debt counselling service, we opened another bank account with A&L and started fresh with them. Before this, we were using my credit card to help us live when things got really tight, and we were unfortunately amassing charges every month, certainly more than £500 per year, as per the f.h. guidelines.

Since then, we have been plagued with calls and letters from HSBC and people purporting to be an external collections agency MCS (Metropolitan Collection Services) and now their solicitors, D.G. Solicitors. This is despite us continuing to argue that the unlawful bank charges that they owed us, which have accrued since April 2007 would more than wipe out the amount they say we owe them in the form of the unsettled overdraft of £2,500. Twice now I have asked for copy statements for the months since April 2007 up until they closed the account a couple of months ago (since they closed the account, I can no longer access the statements online and I stupidly did not take copies of the statements I used when I initiated the claim back in October last year). Now I have arranged to go and pick up a set from the branch in town tomorrow - I only hope they are there!

Anyway, sorry to ramble on but my query is this: can HSBC continue to chase us for money, even though we have a dispute going on with regards to the bank charges? I last spoke to D.G. Solicitors last weekend, when I advised them that I would be picking up the statements this week and they agreed to put everything on hold till they heard from me. However, this last week we have had daily calls from MCS and tonight yet another call from D.G. Solicitors who didn't seem to know anything about the previous call I made to them last weekend.


Has anyone else been in this position? Can they continue to chase us? It's really getting me down.

Hope someone can offer advice.

Thanks in anticipation.

Orford

Maisie_Miss wrote: »

We used to have a current with HSBC until last November, when they pulled the plug on an existing overdraft and cancelled all our direct debits. This was after we had tried to reclaim just over £2,000 in bank charges, under the financial hardship guidelines. HSBC refused to acknowledge that we were in difficulty because all our bills were being paid (as if that were a bad thing!) and we had not missed any mortgage payments. Our disposable income after paying everything just about covered food and necessities.
This is essentially why they refused your FH application. HSBC's policy is only to refund the deficit between income and outgoings for 1 or 2 months
On the advice of a debt counselling service, we opened another bank account with A&L and started fresh with them.
Good advice
Before this, we were using my credit card to help us live when things got really tight, and we were unfortunately amassing charges every month, certainly more than £500 per year, as per the f.h. guidelines.
Do you have charges on the credit card. If so you should claim those back too
This is despite us continuing to argue that the unlawful bank charges that they owed us, which have accrued since April 2007 would more than wipe out the amount they say we owe them in the form of the unsettled overdraft of £2,500.
You can claim back to July 2001. Have you any charges from that period
Twice now I have asked for copy statements for the months since April 2007 up until they closed the account a couple of months ago (since they closed the account, I can no longer access the statements online and I stupidly did not take copies of the statements I used when I initiated the claim back in October last year). Now I have arranged to go and pick up a set from the branch in town tomorrow - I only hope they are there!
Have you specifically asked for copy statements or did you make a DPA Subject Acess Request

However, this last week we have had daily calls from MCS and tonight yet another call from D.G. Solicitors who didn't seem to know anything about the previous call I made to them last weekend.

Send both MCS & DG this letter:

ACCOUNT IN DISPUTE

Dear Sir/Madam,

Your ref:

Thank you for your letter of **DATE**, the contents of which are noted.
I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.
As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.
I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

After taking advice, I am of the opinion that your continued pursuit is in violation of the CPUTR 2008, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

barloo69

Orford wrote: »

Send both MCS & DG this letter:

Bl**dy brilliant Orford !!!!

stu1975

Make sure you send the account in dispute letter then they can not chase you !

Maisie_Miss

Orford wrote: »

Send both MCS & DG this letter:

Hi Orford,

You are brilliant, thank you so much!

We did claim previous charges from HSBC from 2001 to 2007, and it was successfully settled - this was before the banks decided to fight. Hence, the current charges are only from April 2007. I requested the statements on the basis that I wanted to claim back unlawful charges and they did not charge me anything (amazginly). I picked up the statements today and will get checking the amounts.

Yes, I intend to check my credit card statements for any charges, particularly in light of the fact that we had to use it to withdraw cash on several occasions, for those times when card / cheque transactions were just not an option (bus fares for my daughters, etc). Unfortunately, I am going to have to request copy statements for this as well, as they have now closed my credit card account, as that went into arrears as we were struggling so much.

I know it must seem to the untrained eye that my husband and I are completely incompetent when it comes to money, and I will admit that we are not the best. However, since we changed to A&L, and cancelled a lot of direct debits that we didn't really need to have, things have been a lot more streamlined. I wish we could completely wave goodbye to HSBC but unfortunately, we have our mortgage with them and re-mortgaging to someone else is not an option. If my numbers ever come up on the Lotto, it will give me great pleasure to pay off the mortgage and bills and tell HSBC that that's the last money they will ever have off me!

HSBC are fine when things are going their way and the number of times they offered us various loans, etc a few years ago was unbelievable (even if I only phoned up to check my balance!

Once again, thank you

M_M x

:T

natweststaffmember

Make sure you keep us updated. Orford is a legend though(I am very much unworthy in his presence ). You can pay me later for that one Orford(usual swiss bank account )

Orford

natweststaffmember wrote: »

. You can pay me later for that one Orford(usual swiss bank account )

Gnome off!!

Orford

Maisie_Miss wrote: »

Unfortunately, I am going to have to request copy statements for this as well, as they have now closed my credit card account, as that went into arrears as we were struggling so much.

Then there will almost certainly be charges. Don't ask for copy statements (they can charge £5 per copy and they might not be so charitable as the bank was) Send a DPA SAR, (£10 in total) see here:

http://www.moneysavingexpert.com/reclaim/credit-card-charges#step1