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penfold15

No Credit Agreement - Enforceable or Not

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Hi All,

 

I have a loan with HSBC that I took out prior to April 2007. After several requests via the DCA (Marlin) and direct to HSBC via the financial ombudsman they appear to not have a copy of this agreement.

 

Can someone please help as to what I do now, do I have to take them to court, and as this debt was sold to Marlin, who do I take to court.

 

I await your response and thank you all in advance.

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Hi Penfold,

 

Have you received a ntice of assignment from HSBC or Marlin and who are you paying at the moment.

 

Also, how did you request your agreement.

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If they have no credit agreement, then you do not have to pay anyone anything.

 

They can ask you for payment, but they are unable to legally enforce any collection against you, which means they cannot take you to court, if you need the letter template to send them just ask and someone will point you in the right direction.

 

As for it being sold to Marlin, well, lets just say they are on the bottom rung of the ladder as far as DCA's go, which is why they have bought it:D


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi,

 

Thank you for your replies. i requested a copy of the credit agreement by letter enclosing the fee of £1 (can't remember the official name for this at the moment). That was well over 6 months ago, although I have made no payment to them since and they have not rang me to request payment either.

 

So I guess I just sit wait and hope that they don't find the agreement.

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Hi,

 

Thank you for your replies. i requested a copy of the credit agreement by letter enclosing the fee of £1 (can't remember the official name for this at the moment). That was well over 6 months ago, although I have made no payment to them since and they have not rang me to request payment either.

 

So I guess I just sit wait and hope that they don't find the agreement.

Thhat would have been a CCA request.

 

You need to send the dispute letter, or sit tight and wait for their response.

 

Does HSBC own the debt or Marlin?

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I believe that Marlin now own the debt, but they are fighting with HSBC to get a copy of the agreement.

 

Is there a body I can report this to for lack of credit agreement, trading standards etc????

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I believe that Marlin now own the debt, but they are fighting with HSBC to get a copy of the agreement.

 

Is there a body I can report this to for lack of credit agreement, trading standards etc????

OFT and TS, but don't hold your breath.

 

Send the letter to put the account in dispute to Marlin. They should have been given the agreement when they purchased the debt.

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