Marlin Court Action on HSBC CC, HSBC already said they hold no CCA - help

[ZENTRIX9]

I have now received a reply to my SAR. I have lots of paperwork and I am sure that some things are missing, but havent checked yet. The covering letter says the following :-

In response to your recent letter I enclose personal information that is held about you.

With regards to the credit-card agreement, this cannot be located in our records as it is not held in a structured filing system i.e. in files referenced with your name or account details and is therefore outside the scope of the Data Protection Act 1998. We are satisfied that this procedure meets with the information Commisions requirements.

Please refer to the attached documents for further guidance.

 

Am I right that they are taliking SH*T? and as usual trying to weasle out of what they are required to do by law?

[ZENTRIX9]

The following day I received another letter

A FINAL DEMAND

 

We now DEMAND immediate payment of ******* Current interest arrangements will continue to apply.

 

YOU HAVE 14 DAYS FROM THE DATE OF THIS LETTER TO REPAY IN FULL or let us have a satisfactory proposal for repayment by installments or otherwise.

 

ACTION will be taken against you through DEBT COLLECTORS or SOLICTORS if you fail to comply with this demand. You may also be taken to COURT.

 

Further, as a DEFAULTING DEBTOR, details of your default including your name and address will be given to the following CREDIT REFERENCE AGENCIES :-

 

Experian

Equifax

Callcredit

 

If you want to avoid this action and you cannot repay us in full within 14 days from the date of this letter it is IMPERATIVE that you call us on ***** BLAH BLAH BLAH

[ZENTRIX9]

As far as I am concerned this account is still in dispute and they have issued a default notice while its in dispute and now a final demand for the full amount, which I think is unlawfull. Am I correct in thinking that I send them the acceptance letter for the unlawfull termination.

[Bazooka Boo]

No hang fire, the DN looks faulty for a start, sorry but am very busy for the next two weeks, but someone will hopefully give you the same advise ref, unlawful repudiation and set you on the right course...

[ZENTRIX9]

I recently sent a SAR request to HSBC and I dont think they sent me everything.

 

I have had a business with them also as well as personal accounts.

 

 

Would I be right in thinking that they should have sent me all the information regarding the business as well.

 

 

I was hoping to see if they held any personal guarantees.

 

 

I also signed up to invoice financing with them after they audited the company.

 

 

6 weeks later I had to put the company into liquidation.

 

 

Can I sue them for not doing their job correctly?

 

Any help would be appreciated.

[rebel11]

Hi Zen

 

If they haven't sent you all the data on your account, make a complaint to the ICO.

[ZENTRIX9]

If I have more than 1 account do I have to SAR all of them seperately?

[rebel11]

Hi Zen

 

One SAR will suffice for each creditor no matter how many accounts they hold.

 

E.G. Lloyds 3 accounts, only one SAR Request required with £10 Postal Order.

 

SAR Templates can be found in the library.

[ZENTRIX9]

Thanks, thats what I thought. They have already had my SAR request and I have only received items relating to my credit card account.

What should I do now? Tell them they have 2 weeks to send me everything they hold on me?

[rdm2006]

I (imho) would have thought that you are one entity and all personal records can be requested with one SAR but your business would be a separate entity and would require another SAR to obtain information on all its accounts.

 

This would make sense to me but I could be wrong................

[rebel11]

Hi Zen

 

I would give ICO a ring just to clarify. https://www.ico.gov.uk/Global/contact_us.aspx

[The Debt Star]

Q. What does a SAR get you?

A. From HSBC? A box load of garbage. they selected only recent letters sent (though some proved useful as I hadn't kept copies becuaes handwritten at the time, but HSBC didn't know I didn't have a record of them); and reams of that silly green computer feeder paper with useless info on it. Honestly, they should be tried for murdering a tree to satisfy their SAR requests (which are invariably late

[ZENTRIX9]

I have called the ICO. They say that they dont have to send me items relating the the Ltd company as its not "Personal data".

If I want this information I need to contact HSBC's business dept to get what I want.

[The Debt Star]

But of course HSBC never bothered to tell you that themselves, did they?

[rdm2006]

in my case, it got me copies of letters which HSBC have stated in court (in so many words) were not commercially viable to re-produce when requested under CPR...

 

err oops

[The Debt Star]

Mrs Sheehy...are you reading this?

[ZENTRIX9]

I have a credit card in dispute with HSBC. I have been chasing them to refund me for a refund they underpaid me previously. I got a letter from them that my calculations were wrong it should be X amount and they have refunded my credit card account to bring the balance down. Can they do that? I thought that they had to offer a choice of how to pay me back. If someone can give me some advice on this as I also have a PPI claim going through and I dont want the same thing to happen. I will post up the letters so you can see what has gone on. Slimey HSBC BANK!

[Old Cogger]

charges seem to be account credited first & any over paid back if any? I believe,

[ZENTRIX9]

I thought that only applied to a credit card account that was unlawfully terminated? When they originally refunded me last year when I had not put the account into dispute they gave me 2 or 3 options of how I could be paid back. Cheque, bank account or credi the card account.

[ZENTRIX9]

I have a couple of accounts which will be terminated very shortly. Both had defaults issued while the accounts were in dispute for non compliance to my CCA request.

If they were issued while the account was in dispute would that make the default notice invalid?

[the_shadow]

I have a couple of accounts which will be terminated very shortly. Both had defaults issued while the accounts were in dispute for non compliance to my CCA request.

If they were issued while the account was in dispute would that make the default notice invalid?

 

If the only reason that they were "in dispute" was for non compliance with the CCA request then yes they can issue a default notice, in fact they can do everything except obtain a court judgement.

 

Its all thanks to Carey vs HSBC and McGuffick vs rbs

 

See http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf

 

S.

[ZENTRIX9]

I dont know what to do next.

One is from MBNA and the other from Santander.

 

I will upload scans and other details tomorrow for both and paste the links on this thread.

 

Should I acnowledge service online for now?

 

Any help will be greatly appreciated.

[maroondevo52]

Thread moved to Legal Issues Forum.

[ZENTRIX9]

Ok heres the history with Santander

I made an online application on 29/01/2008 (Think it was online)

 

Got a statement on 6/7/10 £80 ish overdue

Reminder on 7/7/10

Sent a CCA request 20/7/10

http://s911.photobucket.com/albums/ac318/zentrix9/MR%20SANTANDER/

Link to CCA reply and what I got above

CCA reply letter dated 22/7/10

Default notice received dated 21/7/10 Raised the day before they sent me the CCA reply! Doesnt look like its set out in the prescribed form to me. No specific date to remedy.

Letter stating they cant hold my account 28/7/10

Letter threatening DCA, Legal action etc 7/8/10

Account in dispute letter sent 18/8/10

Letter acknowledging dispute letter 26/8/10

Letter not accepting dispute letter 8/9/10

Letter removing my phone number after I complained about all the repeated calls (at least 2 per day) 16/9/10

Letter from Viking saying that the account has been transfered to them and want payment in full 17/9/10

Letter from Viking asking for me to call them and pay the overdue amount 23/9/10

Statement 6/10/10

Letter from Viking pay full balance 6/10/10

Letter from Viking pay full balance or they will close account and return it to Santander 26/10/10

Letter from Viking pay overdue amount 28/10/10

Letter from Viking pay full balance 19/11/10

Letter from Viking pay full balance 8/12/10

Statement 30/12/10

Letter from Lewis Debt recovery acting on behalf of their client and to pay Lewis the full balance 14/1/11

Letter from Howard Cohen stating they are starting court action 4/2/11

Court papers received dated 21/2/11

Letter from Howard Cohen confirming that I should have received court papers 23/2/11

I have acknowledged service online today 27/2/11

 

As I see it they have sent me paperwork from my CCA request that falls short of what I have asked for. They have sent me a copy of my CCA with terms and conditions but the APR rate has changed since so I think I should have had a copy for each time it has been changed. Also at the bottom of the form it states that it is signed for and on behalf of GE Capital Bank Ltd, so wouldnt my contract be with them and not Santander? To my knowledge I have not signed anpther contract or been issued with a new card since I signed. The default notice they have sent me is not set out in the prescribed form.

They have sent me letters from DCA's and solicitors asking me to pay but without clarification that they have a legal right or are the legal owners of the debt now.

Tomorrow I will send Santander the unlawful repudiation letter, and start my defence based on the above.

 

Any help or comments would be greatly appreciated.

[ZENTRIX9]

Another thing I just noticed looking at the default notice. The letter is dated 21/07/10. It states :-

 

To remedy the breach you must pay the arrears within 14 days from receipt of this notice. ( To be valid it must be date specific, within 14 days of receipt is not in the prescribed form)

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

 

IF YOU DO NOT TAKE THE ACTION BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU. (The only date shown on the letter is 21/07/10, I received the letter 2 or 3 days after so there isnt a hope in hell of me taking action before the date. This should make it invalid)

Now they have demanded payment in full on the back of a faulty DN I will accept and they can only chase the arrears.

Please correct me if I am wrong.