Just had this letter - Advice Please

Runnybabbit

Hi, I've just received a letter from Metropolitan Collection Services threatening to issue a Charging Order against my property unless I telephone them to make payment in full. I have already written to HSBC offering a Full and Final Offer and have not received a reply. I've offered 50% of the total debt.
Here's the question: Do I send a copy of the letter to Metropolitan and tell them that "as far as I am aware, lines of communication between myself and HSBC are still open" or have they now taken over the case. I am not prepared to phone HSBC so this is not an option.
Any advice would be greatly appreciated. Loads of thanks.

NUFCnutter

I apologise as I really am not sure of the answer here, but I am sure someone will know what to do. Hope it works out for you.

immoral_angeluk

Did you put a time limit for a response on your final offer letter to HSBC?

peachyprice

Have they already got a CCJ against you? If not they cannot enforce a charging order, they have to take you to court first, you have to then not respond and make no payment schedule offer, only after this can the CCJ be enforced with a charging order.

Runnybabbit

No I didn't, I sent letter on 5th June to HSBC, Metropolitan sent their letter on 31st May, and I received it today! Because there are a number of accounts with HSBC I have gone for a lump sum payment, they are only chasing one of the accounts - if this makes sense.

Runnybabbit

No CCJ either!

fermi

Runnybabbit wrote: »

Do I send a copy of the letter to Metropolitan and tell them that "as far as I am aware, lines of communication between myself and HSBC are still open" or have they now taken over the case. I am not prepared to phone HSBC so this is not an option.

Metropolitan ARE HSBC if I remember correctly.

EDIT: Metropolitan are owned by HSBC I should say.

They are just their "in house" collectors.

No CCJ = No charging order.

Runnybabbit

So sending a copy of the original letter offering F&F Payment won't do any harm then? or will it? - I have offered £8k of a £16k debt, Metro are chasing £2,400 - I think it may harm my case if I send it thinking about it, especially as they know the money is there - OR shall I offer them £1k as F&F offer? God even I am confused now - so I only hope you do! lol

peachyprice

OK, in that case they are just trying to scare you into paying more than you can.

They know that if they take you to court and present the judge with a reasonable repayment schedule based on your available income the judge will agree to your terms, or in some cases the judge has been know to reduce payments further on the basis that the bank has been ignoring your reasonable request to settle out of court.

Runnybabbit

Thanks really useful to know - a big thanks peachy, so the next step is ...... I need to reply to this letter to Metro so shall I send a F&F letter to them and for how much?

peachyprice

Unless your circumstances have changed I'd send them the same offer as you sent HSBC, that way you are being honest and upfront.

Tell them you have already offered this to HSBC and have received no response, as far as you are concerned this offer has not been rejected.

I wouldn't send a reduced offer as this could harm your defence if you do go to court, you need to be seen as fair and reasonable at all times. If Metro do not respond and then take you to court, they are the ones who look like the baddies