Freind's HSBC debt sold to Marlin

[jumper999]

Re: Freind's HSBC debt sold to Marlin

My default date was January 2009...so that is approx 4 and a half years ago. Only a year and a half left.....mind you the balance is only £375....and they added approx £80 worth of charges and same story....refused to accept lower payments when I got in financial bother and refused to refund charges...so I stopped paying. Let's see what happens next hey.

[FlamingParrot]

Re: Freind's HSBC debt sold to Marlin

I received a response today from Cabot about my littlewoods account. I sent them a cca request and they have advised me today that they are not able to provide me with the requested information and will refer it back to the original lender and in the meantime my account will remain on hold.

Lets hope my friend gets a similar response from Marlins.

That's what we like to hear! :dance:

My default date was January 2009...so that is approx 4 and a half years ago. Only a year and a half left.....mind you the balance is only £375....and they added approx £80 worth of charges and same story....refused to accept lower payments when I got in financial bother and refused to refund charges...so I stopped paying. Let's see what happens next hey.

Serves them right! :grin: As they say, every little helps!

[jumper999]

Re: Freind's HSBC debt sold to Marlin

Thought you'd like that answer FP....lol xx

[jumper999]

Re: Freind's HSBC debt sold to Marlin

Blimey that was quick. My friend has received a response from Marlin regarding her cca request. She sent it on the 15 April 13...and the letter she received today is dated 18 April 2013. This is what they wrote....looks like maybe they will have a copy of her agreement the way they replied...but we will wait and see:

Dear xxxx

We write reference to the above matter and your letter dated 15 April 2013.

We confirm as we do not hold all of your information on your file, we have requested a statement of account and a copy of the agreement from the original creditor and we will forward to you upon receipt.

If you wish to discuss the matter further please contact one of our Account Managers on telephone numberxxxxxxxxx


So a bit of breathing space.....lets see what they send or find!

[FlamingParrot]

Re: Freind's HSBC debt sold to Marlin

Blimey that was quick. My friend has received a response from Marlin regarding her cca request. She sent it on the 15 April 13...and the letter she received today is dated 18 April 2013. This is what they wrote....looks like maybe they will have a copy of her agreement the way they replied...but we will wait and see:

Dear xxxx

We write reference to the above matter and your letter dated 15 April 2013.

We confirm as we do not hold all of your information on your file, we have requested a statement of account and a copy of the agreement from the original creditor and we will forward to you upon receipt.

If you wish to discuss the matter further please contact one of our Account Managers on telephone numberxxxxxxxxx

So a bit of breathing space.....lets see what they send or find!

That's a standard reply from DCAs, they buy debts in bulk without paperwork, so they have to go back to the original lender to get the documents. There's no way Marlin would know whether HSBC have the documents or not, that's a template response from them. Even if there is an agreement, it may not be enforceable, lets just wait and hope for the best! :thumb:

[ODC]

Re: Freind's HSBC debt sold to Marlin

I ve been waiting for this shower to produce an agreement from Sharklycard/Egg for two months now. I have found my paperwork in relation to it and its statute barred this manys a year. Should I tell them. Should just let them continue on with their idle threats.

[FlamingParrot]

Re: Freind's HSBC debt sold to Marlin

I ve been waiting for this shower to produce an agreement from Sharklycard/Egg for two months now. I have found my paperwork in relation to it and its statute barred this manys a year. Should I tell them. Should just let them continue on with their idle threats.

If it's SBd, it's irrelevant whether they can produce an agreement or not. As can be seen on this thread, DCAs can still attempt to collect, and even sue, for SBd debts, it's up to the debtor to inform them of the fact and, once they've done so, they should stop all collection activity. To avoid hassle, I'd say it's wise to write to them to tell them it's SBd.

[jumper999]

Re: Freind's HSBC debt sold to Marlin

I thought I would add my story on this thread as I am up to my eyes with my other cases.

Last week I received a letter from Fredrickson International about my Vanquis debt.....as they advised me they may instruct Brian Carter sols. I sent them a prove it letter....this debt has been on going for a few years....as they refused many many times to accept lower payments and continue to keep adding charges...I stopped paying. Having been tossed around to several DCA's the latest now FIL...who are threatening legal action..I need a little help.

I received a response to my prove it letter from FIL.....they say that a default notice was issued to me on the 4 September 2008....this is not true...I have attached a copy of my DN from Vanquis below...and they claim I made a payment of £11.59 on 2 April 2012....again this is not true...and would love to see how they would prove that.

Bottom line is that FIL have said they will hold all action until the 18 July 2013...and they have advised me that I am to contact Lowell and ask them for my CCA copy and agreement.

I am not sure what to do and if I should contact them because after the 18 July FIL say collection activity may resume.....any input will be great.

[charitynjw]

Re: Freind's HSBC debt sold to Marlin

Hi jumper,

Fred's are acting on behalf of Lowells.

OC is Vanquis.

Any notification of assignment of debt?

[ODC]

Re: Freind's HSBC debt sold to Marlin

Bottom line is that FIL have said they will hold all action until the 18 July 2013...and they have advised me that I am to contact Lowell and ask them for my CCA copy and agreement.

Its not up to you to chase the Leeds Losers for the CCA. Frederickscum are chasing you so its up to them to provide the CCA.

It seems that Crimolowells hae passed a lot of their old and mostly unenforceable debt out to these clowns. My view is that if the mighty Leeds Losers with all their resources are unable to prove it then there is no hope that a third rat shower like Frederickscum will have any more luck. No doubt The Leeds Losers passed it through all their aliases before passing it own to Freds

[jumper999]

Re: Freind's HSBC debt sold to Marlin

Hi and thanks charitynjw....not that I know of......should I ask? and if so who do I ask?

[ODC]

Re: Freind's HSBC debt sold to Marlin

I have just noticed on Freds 1st PDF that they give their registered address at the bottom of the letter as the same as Lowells. What is that all about

[charitynjw]

Re: Freind's HSBC debt sold to Marlin

Hi and thanks charitynjw....not that I know of......should I ask? and if so who do I ask?

The Law of Property Act 1925
http://www.legislation.gov.uk/ukpga/...20/section/136

136Legal assignments of things in action.

(1)

Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action,of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

(a)

the legal right to such debt or thing in action;

(b)

all legal and other remedies for the same; and

(c)

the power to give a good discharge for the same without the concurrence of the assignor:
Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice—

(a)

that the assignment is disputed by the assignor or any person claiming under him; or

(b)

of any other opposing or conflicting claims to such debt or thing in action;he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the M1Trustee Act, 1925.

So, no written confirmation (from either the previous 'owner' of the debt, or the new 'owner) means that you can't be sure who has 'good title' to the debt.
They are legally obliged to inform you of this. (I think I saw somewhere that it should be sent via recorded delivery, but it was a long time ago, & age is taking it's toll on the grey cells - both of them, lol!)

Our Curleyben has done a thread on this somewhere; I'll try & find it for you.

[charitynjw]

Re: Freind's HSBC debt sold to Marlin

There you go

http://www.legalbeagles.info/forums/...ght=assignment

[TUTTSI]

Re: Freind's HSBC debt sold to Marlin

Jumper in case Lowells...... or any other DCA issue a stat demand for this debt, our Cel knows exactly how to deal with them she already has had them by the short and curly's.