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HSBC Credit Card


rudy691
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  • 1 month later...
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  • 2 months later...

right - I've just checked my credit report and I can see that Marlin added their default now ?

 

I already have a default with HSBC dated 13/11/2009 and now I can see that Marlin Financial Services added their default for the HSBC debt dated 22/04/2010

 

Are they allowed to do it ?

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Is the 22/04/2010 entry showing date updated and the original default date of 30/11/2009? If not must make a Formal Complaint to the Data Controller at Marlin, the default date CAN NOT be changed from the original!!

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Is the 22/04/2010 entry showing date updated and the original default date of 30/11/2009? If not must make a Formal Complaint to the Data Controller at Marlin, the default date CAN NOT be changed from the original!!

 

the Marlin entry shows default date 22/04/2010, the original default was 13/11/2009 according to HSBC entry. so it's 2 different dates.

 

other question - is it ok to have 2 defaults on the same debt ? one from the original creditor and one from the DCA ?

Edited by rudy691
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Hi, Absolutely NOT there can only be one default date on any debt, therefore it would seem that Marlin have deliberately manipulated the date, probably by claiming that they can enter a new date from the day they acquire the account which is of course totally wrong.

Send the following to The Data Controller at Marlin.

 

Ref: use theirs

 

COMPLAINT: Manipulation of Default Data.

 

Sir/Madam,

 

I have had cause to check my credit reference files held by xxxxxxxxxx credit reference agency and have found that Marlin is causing inaccurate data to be displayed on these files.

 

I have attached screen print copies of the offending entry for clarification.

 

As you will see Marlin have placed a default dated 22/04/2010 which is NOT correct the true default was placed by HSBC on 13/11/2009. I am aware that some debt purchasers claim that they can place a new default on an account from the date that the debt is acquired, so as to achieve a longer default 'life' thus disadvantaging the alleged debtor, this process is of course totally wrong and is manipulation of the data.

 

I now require that Marlin amends the offending entries ON ALL credit reference files to which the manipulated data has been reported with immediate effect and to confirm in writing that it has done so.

 

Marlin will also arrange to have the original creditors entries removed as well.

 

A complaint is being forwarded to the ICO and the OFT/FCA in regard to Marlins conduct in this matter.

 

Marlins response is required within 7 working days.

 

Send by recorded signed for mail, check when they receive

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Ok Ruby, please keep us up to speed on the progress.

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  • 1 year later...

Been a while again ;) got surprise on my doorstep from Marlin Financial Services with a copy of my reconstitued agreement as HSBC Bank have been unable to supple the original. It's a 'reconstitued agreement' which means it doesn't have my signature, there's no payment terms and it has has my address from 3 years ago (when i took the credit card, I lived at a completely different address) writen with a pen. Will add a scan later, but in the meantime - what should I tell them ? Been out of the game for a while now :)

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Been a while again ;) got surprise on my doorstep from Marlin Financial Services with a copy of my reconstitued agreement as HSBC Bank have been unable to supple the original. It's a 'reconstitued agreement' which means it doesn't have my signature, there's no payment terms and it has has my address from 3 years ago (when i took the credit card, I lived at a completely different address) writen with a pen. Will add a scan later, but in the meantime - what should I tell them ? Been out of the game for a while now :)

Hi, Well that recon fails at the first hurdle it Must have your address as at the date the agreement was signed.

 

 

All you do is reply that the recon is rejected as it does not comply with the requirements laid down for a reconstituted agreement.

 

 

DO NOT tell them why it does not comply.

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Failure to provide a valid reply to a CCA request is a bar to enforcement on court.

 

If they are providing a recon then it must meet certain criteria, for example the address which was valid at the time of the agreement, copy of theT&Cs at inception and any material changes throughout the life of the account and a statement of the amount due.

 

Even if they change your address to the correct one then other criteria must also be met.

 

If they change the address to the correct one and all other criteria are met then they have complied with your CCA request.

 

Agreements taken out prior to April 2007 will need a copy of the original signed agreement for enforcement. Post April 2007 a recon will do.

 

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What if they send me the same stuff with a correct address ?

If that bit is wrong most likely the rest is!

A recon agreement Must Have,

 

 

Your name and address at the inception of the agreement and the Creditors Name and address at inception.

 

 

All the Ts & Cs at inception and closure of the account.

Any material amendments to the Ts & Cs during the life of the agreement.

Any documents mentioned in the agreement.

A current (not historical) statement of the account.

 

 

Any part wrong or missing means the recon does not comply.

You have spotted 1 error so you just reply that the recon is of no merit.

  • Confused 1

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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made a bit of a mess with pics upload :/

 

- that's what I was send. the 'agreement copy' has my wrong address blanked out, it also has an address of a wrong HSBC branch. mine was in Telford. the last image is the first page of 'original t&c's'.

 

and this was taken before 2007. it was actually July 2006, as mentioned somewhere at the beginning of this topic ;)

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  • 6 months later...

been a while so a little update - now I've been approached by Cabbot. same stuff - pay us or 'else.

 

sent the m the usual letter asking for a copy, after a month got a reply saying it might take a bit longer. another month passed - another letter that they cant find it and will contact HSBC again. nothing new.

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  • 2 years later...

well done

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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