HFC/HSBC/Marbles.....where do I go from here?

[birchave0]

this is my original thread, it goes back to Jan 2007 when I first approached Marbles credit card about the PPI on the account.

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/215366-birchave0-marbles.html

 

I'm now not sure what to do. It seems the Marbles brand name and it's credit card accounts were sold at the end of 2007, that is apart from mine. As they refused to give me the information on the account/PPI or indeed refund the premiums, I placed into dispute.

Normal procedure, they blackened my name on the credit files, defaulted me, added yet more charges and interest onto the account. It was then passed to Weightmans who threatened me with a charging order

 

My complaint went to the FOS, they told Weightmans to back off, and 2 and a half years later the FOS uphold my complaint.

 

This is where it gets confusing, I'm unsure who now owns the account....

 

They have paid my PPI refund against the account

 

They insist that my account was NOT sold in 2007 with everyone else's, they say they still own the account. My account has been suspended since 2007, no statements, etc.

 

As it's with Weightman's and they are collecting do HSBC/HFC have the right to take the refund?

I was told that if the account was with a DCA they couldn't pay any refund back against the balance

 

I'm really confused on how to continue now, this account only has the the first page of an application form, and NO terms and conditions, they wrote and told me so in 2007.

 

Help!

[emandcole]

this is my original thread, it goes back to Jan 2007 when I first approached Marbles credit card about the PPI on the account.

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/215366-birchave0-marbles.html

 

I'm now not sure what to do. It seems the Marbles brand name and it's credit card accounts were sold at the end of 2007, that is apart from mine. As they refused to give me the information on the account/PPI or indeed refund the premiums, I placed into dispute.

Normal procedure, they blackened my name on the credit files, defaulted me, added yet more charges and interest onto the account. It was then passed to Weightmans who threatened me with a charging order

 

My complaint went to the FOS, they told Weightmans to back off, and 2 and a half years later the FOS uphold my complaint.

 

This is where it gets confusing, I'm unsure who now owns the account....

 

They have paid my PPI refund against the account

 

They insist that my account was NOT sold in 2007 with everyone else's, they say they still own the account. My account has been suspended since 2007, no statements, etc.

 

As it's with Weightman's and they are collecting do HSBC/HFC have the right to take the refund?

I was told that if the account was with a DCA they couldn't pay any refund back against the balance

 

I'm really confused on how to continue now, this account only has the the first page of an application form, and NO terms and conditions, they wrote and told me so in 2007.

 

Help!

 

Have you asked to inspect the notice of assignment from the original creditor? There may be a couple if it's been passed around, or should be at least.

 

More importantly however is the actual deed of assignment. The true owner should be able to provide evidence that they legally own the debt and accordingly have the right to then pursue payment for it.

 

Needless to say you are still entitled to a copy of the agreement and associated terms and conditions at account inception along with all T&C's as varied.

 

The majority of Marbles 'agreements' are a joke so hugely unlikely its even enforceable. Unfortunately though this won't stop a DCA insisting it is and we all know the 'authorities' are useless.

[birchave0]

thanks for that, should I write to HSBC now and ask for a copy of the notice of assignment?

 

Any idea how I would word it? Sorry for all the questions, just a bit out of my depth with this one

[birchave0]

update on this, phone call from Weightmans about "the account" told them I was not willing to talk to them on the phone and to put it in a letter. Letter now arrived, it basically says I have to sign and return so they can apply for a charging order on my house! I don't think so!!! So as you can imagine I'm pretty mad!

 

There is no figure mentioned in the letter, I have already questioned the account following the FOS decision in my favour. They paid the PPI back against the account, however no contractual interest mentioned or the 8% that the FOS awarded. I also have over £300 charges plus interest on the account that I have also disputed.

 

Shall I write back, so bog off to the charging order, ask for a copy of the deed of assignment and a complete breakdown of the account including the refund/interest etc???

 

thanks

[tedney]

update on this, phone call from Weightmans about "the account" told them I was not willing to talk to them on the phone and to put it in a letter. Letter now arrived, it basically says I have to sign and return so they can apply for a charging order on my house! I don't think so!!! So as you can imagine I'm pretty mad!

 

There is no figure mentioned in the letter, I have already questioned the account following the FOS decision in my favour. They paid the PPI back against the account, however no contractual interest mentioned or the 8% that the FOS awarded. I also have over £300 charges plus interest on the account that I have also disputed.

 

Shall I write back, so bog off to the charging order, ask for a copy of the deed of assignment and a complete breakdown of the account including the refund/interest etc???

 

thanks

 

Hello Birchave0

Just curious, came across your thread, I have related issue with marbles etc. do yu have any further news please?

I have recieved letter suggesting they will offer a "settlement figure" (mine is around £10.000 o/s). Just wondering what figure they might be thinking of.

I have asked for account details many times, but none sent, neither do they provide statements or a copy any deed of assignment etc.

Any news might help. Thanks t

[birchave0]

I've heard nothing since then, I can only presume they thought I would sign the form, allowing them to place a charge on my house. As far as I'm aware they need me to have first a CCJ for this account before they can apply to the court for a CO.

This battle has been going on for nearly 4 years, I'll just have to sit tight for a bit longer.

 

The balance on the account was around 4k, since then they've put extra on, no idea what for, paid themselves back my PPI refund, and the 8% simple interest the FOS awarded me

 

oh well, just have to see what they come back with now, muppets!