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Complex claim, need help
Clarity_2
Posts: 6 Forumite
I recently claimed just under £1000 back from Lloyds tsb, so I thought I would do the same with my previous HSBC account where charges ran from 2001 – 2003 for the amount of £1700.
ffice:office" /><O:p></O:p>
The first couple of letters were responded to unsatisfactorily, so I issued a claim on the moneyclaim website on 11<SUP>th</SUP> July.
<O:p></O:p>
There are however some complications which have led me to seek advice:
<O:p></O:p>
The charges are for both missed direct debit charges and for missed payments on a loan I took out when I was studying at college. When I took that loan out I paid extra for an inclusive loan protection plan, where, should I ever be made unemployed it would cover me for up to a year of monthly payments on the loan.
During the period of 2001-2003 I was made unemployed and consequently applied for loan protection.
There was a delay in my previous employer completing their part of the form and after only a few weeks HSBC passed the debt on to Metrapolitan debt collection agency and closed my account. As a result this gave me a bad credit rating and when HSBC finally paid the due amount of loan protection it only covered a bit of the extra interest metropolitan added to the debt, ultimately causing the protection plan to be useless.
<O:p></O:p>
On the day I issued my claim on the moneyclaim site (11th July) I received mail From HSBC making an offer of payment for the sum of £730 as full and final settlement.
<O:p></O:p>
They have stated they are not willing to pay any interest and some of the charges I calculated a while back have now exceeded the six year limit, of which we know they will not be expected to pay, but are included in my claim online.
<O:p></O:p>
The final part of the offer reads:
“As you have an outstanding debt with the bank of £4,601.41, the payment will be used to reduce the amount you owe.” (To be paid to metropolitan debt collection agency)
<O:p></O:p>
My questions are:
<O:p></O:p>
Do you think in this case it’s likely I could lose and will have lost my £120 I put down for the online claim payment?
<O:p></O:p>
If I did win/lose, could the court then rule that the cash goes to metropolitan, and again I will have lost the initial £120?
<O:p></O:p>
Is it legal that HSBC could use that money to pay Metropolitan, if HSBC sold the debt then it no longer belongs to them. Surely they are two different companies and it should be my choice if I wish to pay metropolitan?
<O:p></O:p>
Should I cancel the claim while there is still time in hope to get my £120 back due this case having too many obstacles against me?
<O:p></O:p>
Should I ask for more cash and demand it to be paid to me, otherwise continue with the small claims court track?
<O:p></O:p>
Absolutely any input appreciated.
<O:p></O:p>
Thank you in advance
<O:p></O:p>
Dean.
ffice:office" /><O:p></O:p>
The first couple of letters were responded to unsatisfactorily, so I issued a claim on the moneyclaim website on 11<SUP>th</SUP> July.
<O:p></O:p>
There are however some complications which have led me to seek advice:
<O:p></O:p>
The charges are for both missed direct debit charges and for missed payments on a loan I took out when I was studying at college. When I took that loan out I paid extra for an inclusive loan protection plan, where, should I ever be made unemployed it would cover me for up to a year of monthly payments on the loan.
During the period of 2001-2003 I was made unemployed and consequently applied for loan protection.
There was a delay in my previous employer completing their part of the form and after only a few weeks HSBC passed the debt on to Metrapolitan debt collection agency and closed my account. As a result this gave me a bad credit rating and when HSBC finally paid the due amount of loan protection it only covered a bit of the extra interest metropolitan added to the debt, ultimately causing the protection plan to be useless.
<O:p></O:p>
On the day I issued my claim on the moneyclaim site (11th July) I received mail From HSBC making an offer of payment for the sum of £730 as full and final settlement.
<O:p></O:p>
They have stated they are not willing to pay any interest and some of the charges I calculated a while back have now exceeded the six year limit, of which we know they will not be expected to pay, but are included in my claim online.
<O:p></O:p>
The final part of the offer reads:
“As you have an outstanding debt with the bank of £4,601.41, the payment will be used to reduce the amount you owe.” (To be paid to metropolitan debt collection agency)
<O:p></O:p>
My questions are:
<O:p></O:p>
Do you think in this case it’s likely I could lose and will have lost my £120 I put down for the online claim payment?
<O:p></O:p>
If I did win/lose, could the court then rule that the cash goes to metropolitan, and again I will have lost the initial £120?
<O:p></O:p>
Is it legal that HSBC could use that money to pay Metropolitan, if HSBC sold the debt then it no longer belongs to them. Surely they are two different companies and it should be my choice if I wish to pay metropolitan?
<O:p></O:p>
Should I cancel the claim while there is still time in hope to get my £120 back due this case having too many obstacles against me?
<O:p></O:p>
Should I ask for more cash and demand it to be paid to me, otherwise continue with the small claims court track?
<O:p></O:p>
Absolutely any input appreciated.
<O:p></O:p>
Thank you in advance
<O:p></O:p>
Dean.
0
Comments
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Anyone have any info they can offer?0
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Bump bump bump0
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Any help at all?0
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I lodged a claim to First Direct for £898.87 for £792.50 of charges plus £106.37 interest as I considered the charges illegal.
Ten days later I received an offer of £674.00 to be forwarded to Metropolitan Collection Services as full and final settlement of the claim.
I rejected the offer on the basis that it was not in my interest to accept a lower figure to pay to a third party and explained this in my rejection letter.
First direct then upped their offer six days later to £792.50 but still with the Metropolitan clause.
I am going to Small Claims them as it was not Metropolitan that charged me in the first place, it was First Direct and whilst £792.50 would reduce my debt it would not clear it so 'In for a penny, in for a pound'.
Perhaps the Court ruling, if any might help sort out this matter for other people.
I have also submitted another claim for £139.60 re First Direct Visa charges and although I have not yet heard from First Direct I am assuming it will go the same way.0
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