RE: Class Action Restons/HFC/MBNA/HSBC etc etc

[clarew77]

Hi All
Anyone every taken a civil action against these so called 'collection charges' which are not allowed in the consumer credit act but charged by collection agencies?

I think it would be fab if we could raise a class action against these practices.
Any one want to lead?
Clare

[PAWS]

Re: Class Action Restons/HFC/MBNA/HSBC etc etc

Hello Clare:yo:
I haven’t got a clue as to the legal side of this but boy oh boy I would love to see collection agencies get a slapping. They are a bunch of parasites who make enough money when they buy debt for a fraction of the total they collect.:censored:

[clarew77]

Re: Class Action Restons/HFC/MBNA/HSBC etc etc

Enthusiasm is a great place to start.
There was an office of fair trading ruling in 2010 telling all parties that credit agreements referred to 'collection agents' could not try to claim their collection costs.
So put simply, banks and all providers of credit know they cannot allow these debt agencies to add on costs.
But they all do.
I think its as big as PPI.
We need a great solicitor and a class action to get these millions of unfair fees back.

[Amethyst]

Re: Class Action Restons/HFC/MBNA/HSBC etc etc

Have a search on ' hfc collection charge ' on here theres quite a lot of info. It was mainly solicitors firms that added them uner the guise of being allowable under the credit agreement. They collected for the lender direct tho, ie the agreement/debt hadn't been assigned to them or sold to them so they weren't a third party, although they did have an 'agreement' with hfc/hsbc to use these charges as their payment. We defended them and won on the basis they were penal and weren't allowed under the contract.

If you're not already you want to look up mR Ethical \ Ketsudo on here and on twitter ( @nwnicholas ) - he has a blog dedicated to collection charges.

[Amethyst]

Re: Class Action Restons/HFC/MBNA/HSBC etc etc

My MP has also been communicating with the FCA about ordering pro active refunds, but its not going to happen unless more people complain.

[Amethyst]

Re: Class Action Restons/HFC/MBNA/HSBC etc etc

Some links. (sorry about formatting )

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Reclaim HFC / HSBC / Restons / Collection Charge

www.legalbeagles.info
www.legalbeagles.info/.../showthread.php?...HFC-HSBC...Collection-Charge

Reclaim HFC / HSBC / Restons / Collection Charge Hundreds of thousands could reclaim collection charges added to their account ( up to £5000 in some cases) from HFC/HSBC - who also ... www.legalbeagles.info www.legalbeagles.info/.../showthread.php?...HFC-HSBC...Collection-Charge

clipped from Google - 10/2014

HFC issued court proceedings - Restons Collection Charge removed

www.legalbeagles.info
www.legalbeagles.info/.../showthread.php?...HFC...Collection-Charge...

HFC issued court proceedings - Restons Collection Charge removed 16/04/2009 Collection Charge £ 3550.09 ... I had this Restons/HFC - ended up in a charging order - 16/04/2009 Collection Charge £ 3550.09 ... www.legalbeagles.info www.legalbeagles.info/.../showthread.php?...HFC...Collection-Charge...

clipped from Google - 10/2014

Reclaim Collection Charges from past HFC accounts | LegalBeagles ...

legalbeagles.info
legalbeagles.info/reclaim-collection-charges-from-past-hfc-accounts/

Reclaim Collection Charges from past HFC accounts | LegalBeagles ... Apr 14, 2014 ... If you're one of the many consumers who defaulted on a credit card or loan with HFC or HSBC before 2010 then you may be able to reclaim the ... legalbeagles.info legalbeagles.info/reclaim-collection-charges-from-past-hfc-accounts/

clipped from Google - 10/2014

HFC-requirements(6)

legalbeagles.info
legalbeagles.info/wp.../HFC-requirements6.pdf

HFC-requirements(6) File Format: PDF/Adobe Acrobat Collection charge. 1. When referring a customer's account or debt to an external third party for collection of the outstanding debt HFC Bank will not levy, or claim. legalbeagles.info legalbeagles.info/wp.../HFC-requirements6.pdf

clipped from Google - 10/2014

Reclaim HFC / HSBC / Restons / Collection Charge - Page 3

www.legalbeagles.info
www.legalbeagles.info/.../showthread.php?...HFC-HSBC...Collection-Charge/ ...

Reclaim HFC / HSBC / Restons / Collection Charge - Page 3 Hundreds of thousands could reclaim collection charges added to their account

[clarew77]

Re: Class Action Restons/HFC/MBNA/HSBC etc etc

Thank you.
Do you have a court ruling I could use as my hubby is trying at the moment to get HFC/HSBC collection charges back and it is proving hard work.
I've seen Mr Wilson's blog. He makes valid points but doesn't seem to have a ruling quoted.
Thanks
Clare

[clarew77]

Re: Class Action Restons/HFC/MBNA/HSBC etc etc

Thanks for the info! That is great.
It might be a complaint first to FCA then as they clearly know about this

[Amethyst]

Re: Class Action Restons/HFC/MBNA/HSBC etc etc

There is no specific ruling or binding judgment as these were all simply defended at county court level. However there are penalty charge rulings galore, If you find my old hfc collection charges thread my defence is on there ( I'll dig it out a bit later this afternoon for you ). We'd be more than happy to help your hubby reclaim these charges himself.... a new case might help get the word out to other victims before the limitations act kicks in in 2016.

Can you give me a bit of background on his debt and what has been done so far with regards claiming them back. Did he get them included in a court judgment, or just pay them after a demand from restons/weightmans etc ?

[clarew77]

Re: Class Action Restons/HFC/MBNA/HSBC etc etc

Thank you.
1. debt with MBNA card
2. No credit agreement (have asked for it, have done subject access request)
3. Once passed to Restons they did a search on the house realised it was owned and immediately issued a county court procedure.
4. My hubby hid this from me through fear as this was a debt from his first marriage and was run up by the ex on a joint account (possibly even run up fraudulently as he has no knowledge of card or debt) his ex wife has done several fraudulent
5. In fear of a ccj hubby agreed under duress to a consent order which included £1300 collection charge and £300 of late fees.
6. I could have defended it if I had known but that is not possible now.
7. I don't believe it is legal to consent to something knowingly unlawful as these charges are.
Thanks in advance
Clare