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HSBA Marlin Financial??


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Hi there

 

Been reading through a lot of the great advice on this site and was after some help with an old debt - I'm so grateful that I have found this site and have been recommending it to others who are in financial difficulties :roll:

 

I recently received a letter from Marlin Financial Services regarding an old HSBC/First Direct bank and credit card account that I had back in 2000. Up until last year I had been paying some debt collection company (I think it was Moorcroft? - I can't remember) regarding this debt which was initially just over £2100. The outstanding amount is now just over £600. I stopped paying them as they kept writing to me to "tell" me to increase the amount I was paying each month and then "telling" me I had "defaulted on the agreement" when I did not increase the payments to the amount "they decided" I could pay without making any agreement with me to increase the payments!!!!

 

Looking at the reclaiming bank charges threads I was wondering if I should be able to S.A.R - (Subject Access Request) them and reclaim the charges on the account before it was closed and defaulted by First Direct?

 

Who should I S.A.R - (Subject Access Request)? The letter enclosed with the letter from Marlin Financial is on HSBC headed notepaper stating that:

 

Dear XXXXXXX

 

Re: HSBC Current Account XXXXX

Reference Number XXXXXX/XXXXXXXXX

Marlin Ref: XXXXXXX

 

We are writing to inform you that the above account has been assigned to Pheonix Recoveries (UK) Limited S.A.R.L acting in the name and on behalf of it compartment "Tessera Recoveries" on XX XXXXXX 2007.

 

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

 

Pheonix Recovereies (UK) Limited S.A.R.L have now appointed Marlin Finaicial Services as their servicing agent to manage your account on their behalf. All contact reagrding this account should be directed to:

 

Marlin Financial Services

2 The Court Yard, Beeding Court

Shoreham Road, Upper Beeding

Steyning, West Sussex

BN44 3BJ

 

We can confirm that the amount outstanding on your account as at the date of sale XX XXXXX 2007 was £6XX.XX and that all payments since XX XXXXX 2007 will be forwarded to Pheonix Recoveries (UK) Limited S.A.R.L shortly.

 

Yours sincerely

 

Gary Jones

 

Please note that up until 2006/07 I had been paying off this debt and only stopped paying due to continued harassment to increase my monthly payment amount so the debt isn't statute barred even though it goes back to 2000.

 

What should be my first move? Perhaps the bank charges incurred would pay off the debt?

 

Any advice is very gratefully received!!!!!!!!

 

Many thanks

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Guest Old_andrew2018

Hi

 

Just to be clear, are there both penalty charges on a bank account and a credit card account.

 

Regards

 

Andy

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I presume so, it's over 8 years ago and I don't have any details for the old account. The credit card was applied for as part of the bank account so I expect that charges were levied on both.

 

Thanks

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Also they only ever quote the bank account number not the credit card account number and the main debt was on the credit card, so they have amalgamated the two and are claiming the whole debt on just the bank account reference.

 

Thanks

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A couple of important questions

Does the account number on the Notice of Assignment match any accounts that you hold?

 

Have you checked your credit file to see if they opened and closed the account on the same day?

 

Have you S.A.R - (Subject Access Request) both credit card and bank account?

 

Have you received a default notice for the bank account?

 

These are important because they often default the card but not the account so great defence when it goes to court, also HSBC have a habit of quoting wrong account numbers when they sell them on, again the case wouldn't hold up in court...

Live Life-Debt Free

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Hi B3rty

 

The actual bank account number I have on the paperwork is the correct one, although there is absolutely no mention of the credit card account number. I know the credit card debt was larger than the overdraft debt.

 

As the was account closed so long ago (around 2000) I haven't got any of the paperwork and can't remember what they actually closed! I have no recollection of receiving a default notice, but as I say it was so long ago that I really can't remember.

 

If I SAR someone who should it be? HSBC or Marlin?

 

Thanks

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I'm really not sure about checking my credit file. I have just moved house, all correspondence regarding this has been forwarded by the post office redirection service. If I check my credit file surely this will update my address details? I have seen all sorts of stories on here about DCA's coming out of the woodwork when people check their files and update their details.....

 

I also have a not-so-old debt with Captial One that I want to sort out, they doubled my debt with them with charges so I am definitely going to SAR them and claim back the money!

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