My HSBC Debts and a CCJ

[Guest purplemushroomfairy2]

Dear all,

In 2006 HSBC apparently 'sold' some personal debts to MARLIN FS.

At the time the debts were being dealt with by Metropolitan Collections and being paid at £1 pcm (other half out of work),

 

I contacted them and at the time continued to pay £1 pcm as nobody had said they wanted any more.

In fact at the time MARLIN and LARGO were both claiming ownership of the same debts!!!

 

I did this for more than a year with no correspondance from them, then

 

 

in April 2008 I received a letter from their 'solicitors' stating that if I didn't pay more on a credit card debt they would issue a summons within 14 days.

I faxed, e mailed and sent by recorded delivery a letter the same day and

 

 

I phoned them,

stating that I was paying the agreed amount but that I had just started working a

nd would know at the end of the month what I wasI being paid

and would be able to make them a more substantial offer.

 

The next day a summons arrived!

The summons had been issued in Northampton,

I live in Kent,

I had not even had 24hrs to make a revised offer.

 

 

I rang the CAB who told me to admit that I owed the money but that I didn't owe MARLIN. - bad move.

 

I did this,

attached my defence etc and requested that the hearing be held in my local County Court

and borrowed the money to do this.

 

 

Everything I said was ignored and a CCJ was issued for £875 pcm, which quite frankly is ridiculous.

 

I tried to get it set aside but wasn't clear on how to do this,

so offered them a voluntary charging order, I know, but I hadn't discovered CAG then.

 

 

When the case was sent to Canterbury, my defence had mysteriously been lost so there was no hearing!

 

I sent letters in Oct of 2008 requesting true signed copies of the CCA's which were never received so I put all the debts into dispute.

Trouble is the one that got away.

 

 

Recently MARLIN wrote again informing me that they had 'just received ' two debts,

this is Bull, and I wrote to them again requesting all the info,

telling them that they had had over two years to produce the CCA's and hadn't.

 

I received a reply from the 'solicitors' stating that while MARLIN could not prove ownership of any of the debts,

the one with the CCJ, it was still enforceable.

This took them three weeks and nothing about the other debts.

 

I need to get this CCJ removed from my credit file immediately as we need a re-mortgage to save our home.

I have got the forms etc and some guidelines

but I need to know if this is possible now,

 

 

I would have thought that their admittance of not owning the debt is pretty good evidence that the CCJ etc

should never have been given.

 

 

I am in the position to offer them 60% of the debt,

although I have tried this before and they have refused.

 

When we went to court for a directionals hearing HSBC's barrister stated that 'HSBC have not sold on any of their personal debts'- so even if I could clear the debt who on earth do I pay???

 

In a nutshell - how do I get this CCJ removed as I really think it was not done correctly, can they have a CCJ, a Charging Order and an Attachment of Earnings for the same debt?

 

Who do I complain to now about MARLIN and their downright illegal practices?

 

Hope you can help, any of you who have read the other thread of mine will see I am taking smaller bite size chunks!

[nicklea]

I did this, attached my defence etc and requested that the hearing be held in my local County Court and borrowed the money to do this. Everything I said was ignored and a CCJ was issued for £875 pcm, which quite frankly is ridiculous.

 

Unfortunately, as you put in a defence but the CCJ was still awarded against you, the only way to get it removed is to appeal the decision. This will be expensive and also, as you seem to have said that you admitted the debt, very very difficult.

[debbbbsy]

Take a look at this.

 

Can a 4 year old Charging order / CCJ be set aside?

 

Debs

[Guest purplemushroomfairy2]

Dear all,

I really hope someone replies this time, giving up hope.

Marlin apparently 'bought' 3 debts of mine from HSBC in 2006. HSBC deny this. At the time FOS were investigating HSBC for us.

Was paying £1 pcm as out of work to metropolitan- so continued this to Marlin. No one said not enough, in fact no contact for two years.

2008 - letter threatening court action within 14 days, summons arrived the next day from Northampton.

HSBC still claim the debt.

Spoke to CAB, they say partially admit, but attach defence stating that Marlin do not own the debt. Defence ignored, request to transfer to local county court ignored- CCJ for £900 issued.

There was no way I could afford that, had sent SOM which showed disposable income of £50 pcm.

Requested transfer, then in October 2008 I agreed to Voluntary CO as I was ready to end it all.

In Oct 2008, I wrote requesting CCA - nothing happened, eventually received letter in 2009 stating they could not obtain CCA from HSBC. I put debts into dispute.

In 2010 I receved two letters informing me that they had just received the two debts that were put into dispute in 2008. I sent a Section 20 Default notice to them and again requested CCA for all debts.

RESULT - two letters, the debt with CO, they have admitted that they have no evidence of ownership but our saying that there is nothing I can do because it has gone through court.

The other letter, states that the loan is now unenforceable but they will not write it off and have threatened debt collectors etc. They have also said that the overdraft debt is not covered by CCA- not sure how that works.

ACTION- have checked credit file with Equifax- all perfect except for Marlin- when the debts were put into dispute they registered a DEFAULT, I have no letters saying that I have a default. The CCJ is also there despite them also having CO. I have put notes onto my credit file explaining situation.

I have written to court to ask for investigation as they do not own debt. Was in court against HSBC in SEPT 2010 and the barrister stated that no personal debts had been sold on- more questions.

 

We now have two months to remortgage or we will be repossessed (Business Loan dodgy HSBC), but can't because of Marlin lies on Credit file.

 

ANY ideas - need to clear Credit file, get rid of CCJ and get Marlin shut down! Am complaining to FOS, but times running out. Any scary letters out there or do I find yet another solicitor?

[Guest purplemushroomfairy2]

Hello, CCJ issued 01st May 2008, paying £50 pcm after voluntary charge (bad idea I know)

 

As part of full and final deal with main creditor (HSBC),

the dca dealing with it has agreed for a sum to pass back unenforceable debts.

 

We are currently trying to re mortgage with a seriously sub prime lender.

 

planning to borrow enough to cover the CCJ and have charge removed etc.

 

Rang DCA on Tuesday to ask for settlement figure,

sister offered to free up enough to pay CCJ to try to get a slightly less awful mortgage.

 

Am told that they can't speak to me!!!!!

 

Insisted I speak to someone,

got a full and final which is more than the original debt,

but is less than the interest that's been added.

Told that they would e mail the deal so I can get it my lender.

 

No email, rang again today and told that while they have agreed and made a note on file,

they are not allowed to deal with me because of the bank's solicitors,

I am not able to pay the CCJ it would appear I am expected to wait until May 2014 when it comes off my file.

 

I have no idea what is going on, surely I should be able to pay it?

 

They have agreed with the bank that they remove the charge, surely I should have been told this?

 

Any ideas?

[sillygirl1]

You would pay this off direct to the court, but you would need to have it marked satisfied.

 

Don't deal with them, get the court to work out how much is owing.

Edited June 30, 2013 by citizenB

[Conniff]

Are you saying that interest has been added after they got the ccj ?

[citizenB]

Erm.. not absolutely sure what is going on.

 

Who are you paying the money to each month ?

 

It might be a good idea to send an official complaint to HSBC Head/Registered office, explaining what you are trying to do.. ie.. pay off the balance of the judgment. That you are being prevented from doing so.

 

Copy the letter to the Solicitor and the DCA - I am assuming the DCA is their in house crowd, Metropolitan Collections and the solicitors are DG Solicitors.

 

You must head your letter Official Complaint. Send it by either Special or recorded Delivery mail. You can send the copies with just the Free proof of Posting from the post office.

 

TBH, I am not sure why they are asking for more than the actual judgement for the Full and Final.. it should only be what is left on the Judgment.

 

Did the Judgement order allow for interest to be added ? If so, then this is simply a money making exercise on their part and I dont think it should be allowed.

[BRIGADIER2JCS]

I guess this is because the ''judgement order''is not ''negotiable'' without leave of the court which requires a hearing.

[Guest purplemushroomfairy2]

OH was given two loans by HSBC in 2004 amounting to £35,000 in total,

no idea why cos he was self employed at the time.

 

business liquidated in 2005 so the last payment was made in 2005.

 

When I checked the credit file in April 2011, it showed that these were defaulted on and that they were due to be removed in January 2012, so thought all was well.

 

During our mortgage application the rate keeps on rising, so I checked the file, arrears have been mentioned.

It would appear that the debts show OK four months of 2005, then from there until 2008 it shows '6'.

After that apparently it was settled and closed???

 

We haven't paid anything as we couldn't.

 

How can a default be changed to arrears, despite it supposedly be paid in full in 2008,

it looks really bad and is making things very hard now.

 

I will be searching through the paperwork room() trying to find the original default letters that they sent us out in 2006,

we have been told that it will have to remain on file until 2014.

 

Me thinks that they are still trying to sabotage us.

 

Any ideas??

[Guest purplemushroomfairy2]

Thanks, the interest is added because of the Charge I let them put on the house.

 

I can't make official complaint because then the full and final settlement deal we have with HSBC

will go in the bin and they start repossession proceedings again.

 

However, I may just press on with the re mortgage,

then contact the court and request the full amount,

which will be more I think,

the interest is 8% per anum,

which they reckon is about £40 per month,

so I have only chipped a little off capital debt.

[dx100uk]

still no reason to add interest

 

have you got the original CCJ

and the CO paperwork from the COURT.

 

WHO have you been paying as well.

 

something smells here.

 

dx

[sillygirl1]

HSBC would be silly indeed to restart repossession without good reason - if they did you could ask for the original case to be re-examined and maybe find ways of getting additional charges etc knocked off the 'repossession' price they will quote.

[citizenB]

I see no reason for them to start repossession proceedings if you make an application to the court to be able to pay the balance of the judgment in full and ask for the charge to be removed !

 

What I do find disgraceful is that they want to charge you more than the outstanding balance of the Judgment debt.

[BRIGADIER2JCS]

This needs two immediate courses of action.#

1. Place notices of dispute on all credit files showing the debt

2. A formal complaint to the Data Controller of the bank.

 

Clarification please, does the HSBC entry show a £0 balance?

 

The impression this forms for me is that the debt(s) have been sold on in 2008 and the debt purchaser has not up dated the files.

 

I suggest you send the following letter to the Data Controller of HSBC. If poss send printouts of the CRA entries.

 

Ref: account number xxxxxxxxxxxxx.

 

Formal Complaint.

 

Dear sir/madam,

 

Having had cause to review my credit reference files I have discovered that HSBC has altered my file relating to account(s) number(s) xxxxxxxxxxx, these accounts were originally marked as ''Defaulted'' and should have been removed from my credit files after 6 years paid or not in January 2012, however HSBC has seen fit to remove the default markers and replace them with arrears markers.

 

This is grossly unfair manipulation of my personal data and has put me at serious disadvantage when atempting to apply for a mortgage and has reulted in the mortgage company greatly increasing the interest rate available to me.

 

I have enclosed screen prints of the credit reference files for your information.

 

(this bit goes in if there has not been any payment or written acknowledgment of te debt(s) in 6 clear years).

 

I have also concluded that these alleged debts are statute barred therefore no payment will be made now or in the future.,and I do not acknowledge any debt to HSBC or any third party this matter may have been assigned to.

 

It would appear that HSBC may have sold/assigned the account(s) sometime in 2008 without informing me of this.

 

I now require HSBC to remove ALL references to these accounts from ALL credit reference agencies it has reported to immediately.

 

HSBC WILL also inform me in writting of any sale or assignment of these accounts and identify the purchaser/assignee of the accounts.

 

I believe this conduct amounts to a serious unreasonabe & unfair deliberate manipulation of the data held on credit reference files and I also have concluded that due to the disadvantage caused by HSBCs conduct it MUST consider significant financial redress to compensate me for the increased mortgage interest rates and my seriously damaged ability to obtain credit.

 

I am aware that a Formal Complaint allows for 56 days for a response but would expect HSBC to respond to this very serious matter with alacrity.

 

I reserve the right to make a complaint to the Information Commissioners Office and the OFT and other relevant regulatory bodies without further reference to HSBC.

 

This letter is sent bt RM recorded delivery and is receipt WILL be checked.

[Guest purplemushroomfairy2]

I have been paying MCE portfolio the £50 pcm, they 'bought' the debt during a Banking Ombudsman investigation.

 

We have a very complicated case which I have tried to get help on through other forums.

 

I will contact HSBC solicitors,

it is them that have decided I cannot correspond with MCE (Marlin), who quite randomly have been really good about it all ???!!!

 

It is HSBC who seem to be preventing me from paying the debt, even after we re mortgage,

this would be to prevent us from moving to a lower rate in three months.

 

The full and final settlement figure agreed is the actual judgement amount.

 

The interest is allowed because the court did not say that no interest would be paid at the time of the charge.

MCE will have got nearly 10K out of me in total, Quite frankly I am too battle worn to argue anymore.

 

So - If HSBC do not have any 'ownership' of the debt with the CCJ and the charge (despite MCA never having had a CCA - but that just confuses matters)

can HSBC instruct the Mortimer Clarke/Marlin that they are not allowed to correspond with me or speak with me?

 

It really does sound wrong. If I go directly to the court the full and final will be more.

[dx100uk]

well cause marlin will be nice about

 

prob find they are making a good commission out of you for doing nothing.

 

so you are not paying the claimant on the ccj then?

 

the CCJ debt has been sold on?

 

dx

[Guest purplemushroomfairy2]

Thank you,

I have to be very careful regarding this matter,

however,

I have spoken to the ICO and to the CRA's and to a solicitor via my home insurance.

 

All have said HSBC shouldn't have done this,

 

I also have the original default notices and there has been no contact since 2005 re these debts.

 

The only possible spanner in the works is that HSBC have included them in the full and final settlement offer

which is a bit strange considering they have already apparently been paid for.

 

For clarification,

the file now states

 

1: Account opened 17th October 2004, Last updated 31st January 2008, opening balance £4198, closed 09 January 2008, 'The account has been settled/closed.

 

The payment status has been reported as 6 months late or 6 months in arrears.

Reported until January 2014, Not defaulted.

The other one strangely was settled/closed on the same date and is also reported as Not defaulted.

 

Call credit show the 'S' in Red, while Equifax show the 'S' in Red.

 

Am going to write some letters now anyway and hope that we can sort out the situation.

[BRIGADIER2JCS]

Well my guess is then the |F&F offer is seen as admission of liability so restarting the SB clock.

[Guest purplemushroomfairy2]

Possible, yes, but what would they gain by placing arrears markers to a debt that is nine years old, which had a default placed on it eight years ago and came off the file by being settled five years ago?

 

I can only think that this is the sting in the tale, they can remove it, because if they don't then they don't get paid and the court will throw it out.

 

To be honest, the debt is statute barred anyway I think, the only correspondence we have had on it has been in 2005, since then nothing paid and no contact.

Surely if the six were to be restarted they would have put it on as a default now?

 

Apologies for being slightly dim.

[BRIGADIER2JCS]

Have you challenged the change on the files formally yet?? as per post 2#

 

It's is the only way to reach a conclusion anything else is speculation and will get no where.

[Guest purplemushroomfairy2]

we emailed a letter on Thursday including a p d f of the original default notices and the page from the credit file showing the errors.

my husband is prepared to go to court again to fight the repossession that will be started again if we can't get the loan.

we are writing notice of corrections to the credit reference agencies and will be contacting the information commissioner and logging it with the county court to add to our file.

[Guest purplemushroomfairy2]

We have received reply from HSBC. Apparently, the Default notice wasn't actually a real one !?? It was, and they waited for three and half years with no money being paid on it before they decided to place it into default, which they didn't,. We have raised a complaint with ICO and the CRA's, honestly this is a complete farce.

IF only we could find the print out that showed DH credit file for 2011.

[BRIGADIER2JCS]

Can you post up a suitably redacted copy of their letter please??

[Guest purplemushroomfairy2]

redacted? I can copy and paste from the email, basically, they are saying that they put one into default in 2008, three years after the original default. The other they say they didn't, they are also saying that the debts were not passed on but that someone settled them.

In a nutshell, the clear credit file my dh had last year looked a hell of a lot better than this one. The CRA's don't even check to see if it is correct and don't tell you if there has been any sort of change.

How can I get the correct file for 2011?