Restons Solicitors/Marlin Europe threatening CCJ

[jimjamer]

Received a letter today threatening a CCJ if we don't contact or pay up by 24 May.

 

A brief overview : My husband had 2 overdrafts with HSBC built up on bank charges. We tried claiming but got pipped at the post by the High Court decision. It didn't take long before the debt collector letters started rolling in, piles of them from various companies. Unfortunately we responded at first both with HSBC & the debt collectors so no chance of statute bar. HSBC were very unhelpful and have never sent us any paperwork we requested, i.e. SAR. This has been going on for 4-5 years now - I see I first sought advice on here in 2009.

 

My husband has a default from HSBC which they have never informed us of and he now has one from Marlin who also haven't informed us. I see from this forum they are suppose to write to you.

 

We gave up corresponding with debt collectors over a year ago and all went quiet until recently, the phone never stops ringing, even our landline which is x-directory, have no idea how they got the number and the letters are weekly.

 

My question is now obviously what do we do about the latest letter threatening the CCJ?

[unclebulgaria67]

Do you actually know when the last payment was made towards this debt ?

 

"Unfortunately we responded at first both with HSBC & the debt collectors so no chance of statute bar". How did you respond ? Did you actually admit to owing the debts in writing ?

 

When debt was sold on, there should have been a notice of assignment from HSBC and/or Marlin just advising that the debt has been passed on. Won't stop them enforcing the debt, if you did not receive a copy, as they can just say they sent one on x date and recreate it.

 

If you don't have all the information you need for the accounts, I would suggest that you send an SAR to HSBC, requesting copies of all statements, default notice, notices of assignment and copies of all other data held.

 

They can get hold of numbers easily, even if x-directory. There are companies out there who get hold of the information for them.

[jimjamer]

Hi, thanks for responding. I have a file of correspondence with HSBC, I don't think we ever admitted owing the money as our argument was the amounts equated to 6 years of charges which my husband had tried to sort out on several occasions but HSBC were never interested. I have all bank statements but could not say when we last paid anything. I know we were paying a token gesture of £5 every month on each account and then all of a sudden the payments started getting returned.

 

We've had several debt collectors write to us but the only one who says HSBC has now sold the debt to them are Marlin with a letter attached from HSBC (which always looks fake). HSBC have never written to us direct saying they have sold the debt on - I don't recall any paperwork in relation to default notices or notices of assignment.

 

So you are saying they can still get a CCJ?

Does it make a difference when the last payment was made?

[citizenB]

If no payment has been made to the account or any acknowledgment of liability of the debt for 6 years then the debt is statute barred.

 

It doesn't matter who informs you of the assignment as long as you are made aware that there has been one.

 

Only one default can be placed and that by the original creditor. All Marlin can do is update it. They are not permitted to change the original default date and on the 6th anniversary of the original placement, it should cease to be recorded anyway.

[jimjamer]

Hi, thanks for responding, after reading that now feeling a bit better.

 

I will have to trawl through all the paperwork to see when we last made any payment.

 

With regards to the defaults there are two accounts, HSBC put the default on one and I'm almost certain Marlin have put a default on the other account most recently and it would seem you are saying they have no right to?

 

In the case of these accounts being statute barred, if we prove this I guess we just write to this effect and hope for the best?

[dx100uk]

sar HSBC

or ring them.

 

ASK when the last use/payment was.

 

dx