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

[citizenB]

Have sent S.O.S for you.

[ZENTRIX9]

Thanks CitizenB.

This is my wifes credit card and she wont be able to talk to them, she will go to pieces. I can ask to talk on her behalf cant I ?

[noddy997]

Thanks CitizenB.

This is my wifes credit card and she wont be able to talk to them, she will go to pieces. I can ask to talk on her behalf cant I ?

 

Might be might not depending if you have permission or not, or if she is illiterate in English. Reason I say this is because generally with organisations such as banks/utility companies etc you need permission providing a reason, however for the courts there might be a different procedure entirely.

 

I might be wrong but that is my opinion.

 

Good luck.

[citizenB]

Hmm, TBH, I really dont know. It might be worth a call to the court and see if this will be permitted.

[42man]

Just get to know some of the legal cases too....did your wife receive a lot of calls / harrassment from HSBC ? as in Harrison vs Link, Are you aware of cases such as Kotecha vs Phoenix ? Do you know about BCOBS ?

[ZENTRIX9]

Just looking through the paperwork and see that DG Solicitors sent my wife a letter stating that a County Court Judgment has been entered against her. They have been instructed to enforce this County Court Judgment.

A bit naughty stating this as they are lying, I remember ringing the court and they confirmed that no judgment had been made this was May 2011, it still hasnt gone to court. Do you think that the court will be non too pleased at the underhanded way they are frightening my wife into paying them?

[ZENTRIX9]

Can a default notice be issued once they have closed the credit card account?

[ZENTRIX9]

Ok, they tell me that they have closed my account, then in further correspondence they say f I dont pay they will pass my account to debt collectors. I am a bit confused, if they have closed the acount then it no longer exists, so how can they pass it to a debt collector?

[citizenB]

1: If they have specifically told an untruth in their letter regarding the CCJ then you could let the court know. You could contact the Solicitor's Regulation Authority. You can let the OFT and the Financial Ombudsman know.

 

2: A default notice is not usually issued AFTER an account is closed as you rightly say - on what are they issuing the notice.

 

3: When they close an account to pass on, it is only a movement from their profit making register to their non profit making register. The debt is still there, they simply farm it out to a DCA who will collect. In this instance I doubt it went very far. HSBC tend to use their in house thugs, Metropolitan Collections.. HSBC in mufti.

[ZENTRIX9]

Ok, telling me to destroy my cards and not use the account, does that constitute closing my account? From the time my de didn't go through to the time they told me the account was closed was approx 2 - 3 months, this was while I asked for a FDA, is this an unfair timescale? Does issuing the default after closing the account make it invalid or to my advantage. Sorry for so many questions but theconference call is today.

[citizenB]

The only thing I can see they have done seriously wrong is to close the account and THEN issue the Default Notice.

 

A Default notice is a mandatory requirement which advises the breach, how much will be required to remedy the breach and if the remedy is made before a certain date (which must be no less than 14 clear days) then it is as though the breach never happened.

 

They have attempted to circumvent the regulations - ACT by doing what they have done.

[ZENTRIX9]

Thanks CitizenB, what does actually constitute the closing an account, is there a thread on this somewhere?

[noddy997]

The only thing I can see they have done seriously wrong is to close the account and THEN issue the Default Notice.

 

A Default notice is a mandatory requirement which advises the breach, how much will be required to remedy the breach and if the remedy is made before a certain date (which must be no less than 14 clear days) then it is as though the breach never happened.

 

They have attempted to circumvent the regulations - ACT by doing what they have done.

 

This is what happened with my default, they closed my account, the £216.49 which was to be covered by HSBC was put on my credit file and my account was closed, lol. Its a joke. And it appeared as "unsettled" on my credit file, when they ammended it it became as "settled".

[citizenB]

Thanks CitizenB, what does actually constitute the closing an account, is there a thread on this somewhere?

 

In a word, no.. because it is all tied up in the Consumer Credit Act 1974 and later amendments !

 

What they have done is deprived you of your rights within the ACT by doing things the way they have.

 

There simply isnt sufficient time to explain it to you any better, if your call is today.

[ZENTRIX9]

If I am asked to return / destroy my credit card does that constitute closure of my credit account?

[citizenB]

Yes

[ZENTRIX9]

Many thanks citizenB, thats what I needed to hear, so now i can tell the judge that they definately closed the account by way ok asking me to return / destroy the credit card.

[citizenB]

 

Please let us know how things go

[ZENTRIX9]

Had the call, waste of time!

The judge didnt want to know, she found in favour of HSBC and my defense struck out, I told her the CCA was an application form, it had no prescribed terms on it, the account had been closed then a default notice sent, all non-conforming to the Consumer Credit Act, also that the solicitors had sent my wife a letter stating that the court had issued a CCJ and they had been assigned to collect, which is a lie there was never a court hearing. I asked if I could appeal and she refused permission.

Dont know what to do now, got 14 days to work out a payment schedule, I am 100% sure that I can win this and want to take it further, its about time the banks stopped getting away with murder.

Can anyone help

I will post up all the documenation I have over the next 2 days so you can have a look.

[ZENTRIX9]

Heres the CCA response letter and documents sent :-

 

http://i911.photobucket.com/albums/ac318/zentrix9/Mrs%20HSBC/coverletter.jpg

 

http://i911.photobucket.com/albums/ac318/zentrix9/Mrs%20HSBC/hsbcfront2.jpg

 

http://i911.photobucket.com/albums/ac318/zentrix9/Mrs%20HSBC/hsbcback2.jpg

 

http://i911.photobucket.com/albums/ac318/zentrix9/Mrs%20HSBC/statementfront.jpg

[ZENTRIX9]

Notice on the first link, 3) States a copy of the "Application"

 

Link 2 At the top of the page obscured it says "Credit request form"

 

Link 3 at the bottom under personal data refers to terms by a mark, surely this refers to a 3rd page that they havent supplied.

Edited August 22, 2012 by ZENTRIX9

[citizenB]

I'm sorry, I dont see any terms and conditions !

 

What I do see is that they "STRONGLY RECOMMEND" that you take out the card payment protector ??

 

Would this insurance have been of any benefit to you ?

[ZENTRIX9]

No it wasnt, it was misold and they paid my wife out, I then looked at it at a later date and they paid my wife some more back.

They sent terms and conditions with the CCA but I think they are a seperate leaflet, not part of the application form. Also my wife only earned approx £40 per week working a lot less than 16 hours per week.

The paperwork was done at the local bank and I cant remember seeing any terms and conditions we were only told where to sign.

Edited August 22, 2012 by ZENTRIX9

[citizenB]

If the terms and conditions were NOT presented to your wife at the time of signing, then I think that is a good defence.

[ZENTRIX9]

The application refers to terms overleaf, so where are they because they havent sent me a copy, only a copy of a booklet, so how do I know they are the same, I asked the judge to allow it to go to court and put HSBC to strict proof and produce the original document in court. She ignored my request.