Problem with Morgan Stanley Harrassment

mark_jones13

digp wrote:

I hate to burst your bubble, but that is complete and utter twaddle.

In what way is my post complete and utter twaddle. What do you know about collections that perhaps I should.

DaveK

I remember reading http://www.bankchargeshell.co.uk/charges.html about a case that was brought to court for unfair bank charges. The woman in question had incurred bank charges that were deemed excessive by the court and were unenforcable.

Anyway read the link it maybe worth something.

One thing I'd consider is getting a 0% card yourself and paying the money back NOW as I wouldn't be surprised if this amount is increasing with each day it's left unpaid. Then after you've paid it you could look to get it back.

mark_jones13

Companies only accept full and final settlements if they think it would be more cost effective. They do not offer reduced settlements out of the goodness of their heart, they only do it if it makes more profit for them.

A company will always contact a customer again and again until a settlement is agreed. People always say "ooh its against the law" its not. Its perfectly legal for a business to ask for its money back.

mark_jones13

Ian_Griffiths wrote:

Agreed, I already said this in my first post.


Within the law!! AoJA 1970,40 - "a person commits an offence if ... he or she ... harasses the other with demands for payment which by their frequency, or the manner or occasion of their making ... are calculated to subject him or his family or household to alarm, distress or humiliation".

That is open to debate and the banks will always debate that they are right, and will usually win.

DaveK

Why do you think the banks will always win. If the Bank has agreed not to call and they do then I'd say this is causing both distress and humilation.

Don't give up so easily to the banks!

margaret_3

You should write a letter to :

John MacLean,
Manager,
Customer Assistance,
Morgan Stanley,
PO Box 3598
GLASGOW G68 9YW.

Chadsman

very sorry to hear of your problems fruityslh. I think writing to the company is a very good idea.
I would also say to them if they persist in their unreasonable behaviour you will take your case to the press, tv and radio so that everyone can decide for themselves what sort of company they are... and that the whole idea of payment protection is actually a complete waste of time.
Best of luck,
:grouphug:

MarkyMarkD

DaveK wrote:

I remember reading http://www.bankchargeshell.co.uk/charges.html about a case that was brought to court for unfair bank charges. The woman in question had incurred bank charges that were deemed excessive by the court and were unenforcable.

Anyway read the link it maybe worth something.

One thing I'd consider is getting a 0% card yourself and paying the money back NOW as I wouldn't be surprised if this amount is increasing with each day it's left unpaid. Then after you've paid it you could look to get it back.

There are two such cases. Both of them do NOT prove the point at all. The case in the link was not defended by the bank for whatever reason (not disclosed, but probably because they couldn't be bothered for £800). The second case (which was Abbey very recently) was not defended by the bank because they didn't get notified of the hearing.

The charges weren't "deemed excessive by the court and unenforceable". You can submit any claim you like in small claims court, even if it's complete tosh, and the court will uphold it if the other party fails to submit a defence. I know - I've done it*.

* Not submitted a tosh claim, of course, but won in small claims court against a third party who failed to submit a defence.

digp

MarkyMarkD wrote:

... You can submit any claim you like in small claims court, even if it's complete tosh, and the court will uphold it if the other party fails to submit a defence.
...

No you can't. The court has the power to strike out and/or grant summary judgment and may do either of its own motion. I suggest you leave the practice of law to lawyers.

fruityslh

Thanks again all for your responses, I will be sending a letter registered mail tomorrow, to the manager as listed in margarets post, and will again re-iterate the offer of £2 a month, and have asked my Mother to set up a standing order for that amount to go out every month, so at least she is paying something in the meantime (whether they accept it or not.

She will not accept my offer of making a settlement (although it was small) she is quite prepared to go to court, she just wants the harrassing phonecalls to stop, so I will also request again that no further contact should be made by telephone as the stress it causes my mum makes her back even worse, so I've told her if it does to go the doctors and let him know the situation. Main thing is she's a lot calmer now I've taken over the reins.

I'll let you all know how I get on, I'll keep some of your suggestion in reserve (ie emailing the CEO)

Thanks again all

Fruity