Marlin Financial Services/HSBC

[Craftygirl42]

Hello

 

I have stumbled across this forum and really need some help and advice.

 

We were paying via a DMA Metropolitan for several different types of debt owed to HSBC. All was ok, until last week when we received a letter from Marlin Financial Services saying they were now managing our accounts for Pheonix Recoveries.

 

Hubby received a phone call from Marlin and the lady became rather irate and raised her voice at him and said that they would accept the payment through the Debt Management for 3 months and then would apply for a charging order on our house via the Court.

 

We are obviously worried about losing our home, so any help or advice would be much appreciated on what to do and how to deal with this.

 

Many thanks

[Having_A_Knightmare]

Hi

 

Firstly dont worry about loosing your home.

 

fIrstly what is the debt for and how old are they.

 

HAK

[Craftygirl42]

Whoops pressed send to quickly

[Craftygirl42]

Between us we have 2 gold card debts, 1 overdraft and 1 personal loan. They were were all taken out in the last 4 years.

 

Overall they amount to about 20k, thats the bit that worries me. They have been paid regularly for more than a year through the DMA, just couldnt understand why they said payments ok for 3 months then going to court, why not now. Hoping its just a scare tactic, but they can see there has been regular payments for some time

[Having_A_Knightmare]

Right you need to send them a CCA request to make sure they are OK to colect the debt.

 

send template N form http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Send it recorded delivery with a £1 postal order for each account. DO not sign the letter use a digital signature.

 

Also never speak to them on the phone do every thing by writing.

 

HAK

[Having_A_Knightmare]

It looks like HSBC have passed a lot of the debt on to Marlins. They have just passed one of mine to these clowns but they are waisting there time as they do not have an agreement,.

 

 

HAK

[shane5408]

Hi Craftygirl,

 

can you post up the details of the letter you received from Marlin, also if you received any notice of assignment from phoneix post that up as well.

 

kind regards,

shane

[Craftygirl42]

Ok thanks, will do that tomorrow. They havent actually put in writing that they are going to get a charging order, they told us and the debt management company, on the telephone, that is what they are going to do.

 

Thank you for your reply, a bit confused about all this, reading this forum has confused me lots, but hopefully can be talked through step by step

[Craftygirl42]

Hi Craftygirl,

 

can you post up the details of the letter you received from Marlin, also if you received any notice of assignment from phoneix post that up as well.

 

kind regards,

shane

 

We didnt receive anything from Pheonix, just a letter from HSBC, but not a proper letter headed letter (as others have pointed out on other threads) then one from Marlin.

 

Do I scan them in and then post the letter

[Having_A_Knightmare]

Hi

 

Even if they got a CCJ which they will be unable to if they have no agreement, they cant get a C/O unless you do not keep up the repayments so dont worry.

 

HAK

[shane5408]

hiya,

 

you can just type and post it, a lot easier I think!

 

What we need to find out is if Phoenix have been the subject of an assignment or they are just collecting on behalf of the original creditor

 

kind regards,

shane

[Craftygirl42]

A letter with HSBC at the top says

 

We are writing to inform you that the above account has been assigned to Phoenix Recoveries (UK) limited S.A.R.L. acting in the name and on behalf of its compartment "Tessera Recoveries" on 12 October 2007

 

This means the effective owners of the above account are now Phoenix Recoveries (UK) Ltd S.A.R.L

 

Phoenix Recoveries (UK) Limited S.A.R.L. have now appointed Marlin Financial Services as their servicing agent to manage your account on their behalf. All contact regarding this account should be directed to

 

Marlin Financial Services

Address

Phone Number

 

We can confirm that the amount outstanding on your account as of the date of sale 12 October 2007 was £xxxx.xx and all payments since 8th August 2007 will be forwarded to Phoenix Recoveries shortly.

 

 

 

Its not signed just a typed name.

 

_________________________________

 

Letter from Marlin dated same day

 

We give you notice that we have acquired from Phoenix Recoveries (UK) limited S.A.R.L. acting in the name and on its behalf of its compartment "Tessera Recoveries" as assignee of HSBC Bank Plc ("HSBC") and all of HSBC's rights in to and under the above detailed account. We will be administering the account.

 

As a result of this assignment the full amount outstanding on the account is now due to us.

 

IT THEN GOES ON TO SAY

 

That shouldnt make payments to HSBC and that we can have a copy of our personal information if we send an admin fee of £10

 

-----------------------------------------------------------

 

Is that the info you needed Shane

 

Many thanks

[Having_A_Knightmare]

Same as mine

 

Send that CCA request soon as.

 

HAK

[Craftygirl42]

Do I send it to Marlin

[Having_A_Knightmare]

Yes send it to Malin

 

HAK

[Having_A_Knightmare]

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110445-hsbc-cca-responce-help.html

 

Craftygirl

Have a read through this one

HAK

[Craftygirl42]

I have read it and bookmarked it, to see how you get on.

 

Thanks for that, we sort of felt alone, but realise we arent, that helps when you have support from others who understand and can help you with it all........dont feel very confident with letters, but probably can find most we may need on here.

[Having_A_Knightmare]

Hi

When ever you need help just repost on here:D

[shifty50dog]

Hi crafty girl im going to report marlin to the csa and the oft i had a nasty phone conversation with them they said the same thing to me.ive just had a letter from there legal dept asking me to fill in there complaint form but im still going to report them i suggest you do the same and anyone else out there whos being treated like this by them.let me know if you intend to do the same.

 

shifty.

[jesuisunique]

Posts: 1

 

 

Re: re marlin dca

Can anyone help my husband is being persued for a default that was given because he bought a used car which was never right from the day he bought it. He took it back to the garage over the first 12 month period and in the end told them he wanted to end the contract. The dealership said he would have to contact the HP company which he did and explained the whole story to them. They agreed over the phone to come and collect the car and end the agreement with nothing else to pay. They then (2004) sent him a default he called them to say it should of been dealt with but they would not acknowledge the conversation clearing the debt and collecting the car. This finance company have since closed down and we have now got MARLIN FINANCE on our backs saying that they will take him to court and that they dont know anything about the car being faulty. They traced my husband by posting a message card to us and asking us to call them. He said he is calling back in a week and to get a Solicitor as he is taking him to court for £8,000. We have not got this money and never had the car as it was always in the garage being repaired. We have cover notes to prove that we borrowed another car too. The garage has alos since gone kaput! Please help i am at my wits end especially with Chirstmas around the corner i cannot face someone knowcking ont he door asking for money or taking our things.

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[Having_A_Knightmare]

Jes

 

You need to start your own thread

 

HAK

[Craftygirl42]

Hubby and I have today received the following letter from Marlin Financial

 

We have confirmed with Land REgistry that you are a registered owner of the above address and as such are considering applying to the County Court for a Judgement to be entered against you, to be enforced by way of a Charging Order against your property.

Should you wish to avoid this action, please contact our offices within the next 7 days to find out the options available to you

I sent them CCA letters for all of our accounts on Thursday (the same date as the letter from them) and havent been able to confirm delivery from Royal mail as of yet. We are paying them through a Debt Management plan which was set up with HSBC about 2 years ago and since they have bought our debt, they have been harrassing.

 

Anyway what do we do, do we ignore as feel perhaps its a way for them to get us to ring them, and do we wait for the CCA to run its course, or is there a letter we should send them

 

Thanks and please put my mind at rest with the next step for us.

 

Love CAz xxx

[42man]

ok, you have done the right thing by sending off a CCA request, they HAVE to address this, as we know a debt without a CCA (providing it is governed by the Consumer Credit Act) is UNENFORCEABLE by law.....whilst the debt is in dispute they cannot pursue you for the debt as it is harrassment if they do ring or write keep the letters and as for the phone calls write down the dates and times they call.....

[spamheed]

The wording of these letters is designed to cause maximum shock and hopefully scare you into paying.

 

Firstly, they have to be able to prove that they are entitled to collect the debt (you have already sent them the CCA request)

 

On the assumption that they are able to provide this, they can then take you to court to obtain an order (CCJ) against you.

 

At this point, the judge will normally allow, upon request, the defendant to pay off the amount at a rate that can be afforded. This amount is set by the court and cannot be changed by the Creditor without gaing back before the court

 

If the order (CCJ) is applied and you then default on the repayment, the creditor then has the option to seek an alternative form of enforcement, ie a charging order, bailiffs, attantchement of earnings etc.

 

The creditor cannot do any of these things without taking you to court.

 

As far as what to do!

 

if you have asked them for the CCA and you can prove it was sent, and you can prove that they signed for it, then you need do nothing more.

 

They have 12 working days +2 for service to furnish you with the CCA (if you have proof of posting, start counting from then.

 

at the end of the 12 working days, if they haven't provided you with the CCA, the request is in default and you can legally withold payment until they produce the CCA.

 

if, after a further calendar month, they still haven't produced the CCA, then they will have committed an offence

 

 

So, just to recap.

 

Don't panic, if you're paying them they can't do anything.

if you can prove that they are in receipt of a CCA request, then you need to continue waiting and post any developments on here

[Craftygirl42]

So what you are saying is that as the CCA request and their letter crossed in the post, not to worry too much. Can they take us to court whilst we are waiting for our CCA.

 

They would have to send us an official intention of taking us to court though, wouldnt they. I just suspect at this point, their letter was hopefully just a ploy to get us to return their calls.

 

I sent the letter first class recorded on the 28th and have checked the RM website today, but it said come back later. Can anyone tell me when they have to comply by, so I can write it on my calendar.

 

Thanks

 

Should I SARS them as we have 4 accounts between us. A credit card each, hubby has a personal loan and we have a joint overdraft, but they are only chasing me on the overdraft for some reason.

 

Would I have to send £40 to cover each account or £20 to just cover each of us. Also would I send it to Marlin, would they have access to all the past information. Having said that, is it worth waiting to see what happens re the CCA first to save the money.

 

Sorry for all the questions, just worrying about it