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

[ZENTRIX9]

Not all. Some early ones are missing

[dx100uk]

so in more than 4yrs of disputing the debt

have you ever sent the OC an SAR?

 

 

dx

[ZENTRIX9]

Yes, CCA and SAR.

Agreement was done 19th July "002 and put in dispute Octoberish 2010

I have statements back to 2004 I think

 

i have reclaimed some already and HSBC reduced the balance with it but when the balance was sold to Marlin they still owed PPI.

HSBC paid the PPi to me direct into my bank account at Barclays after the debt was sold so am I able to apply the same claim for PPI from Marlin? as technically when it was sold it was still owed. The payment from HSBC is another matter

[ZENTRIX9]

Ok I have to submit a reply to the court and the claimant by Monday.

 

1. The Claimant has judgment for an amount to be decided by the court.

2. The defendant shall file at court and on the claimant a fully particularised statement of his case in his defence, limited to the question of the amount he should pay under the judgment.

 

The amount the claimant is trying to claim is just over £10,000 but its made up of other charges which I will list below :-

 

1. PPI approx £6200, this amount has been refunded but it was refunded by HSBC after they sold the debt

so am I right in thinking that Marlin (the new owners) are still liable for this and HSBC will have to ask me for the money back?

I told the judge this and I think that was what made him decide that the amount being claimed wasn't correct.

 

2. I had a section 75 claim for just under £9000 which was paid back to me by HSBC which I agreed to as long as I could claim back the original interest payments I made

and interest on my money while they had it.

 

 

They refunded me interest of just over £2000 but I still believe that they owe around £2500 in interest.

As Marlin now own this debt can I ask to have this amount taken off the balance they are claiming that I owe.

 

3. When I stopped paying the payments on my credit card HSBC kept adding unpaid interest onto the balance which took me over the credit limit, can these payments be taken into account?

 

4. Do I use the redress calculators?

 

5. when can I claim interest to?

the date of the court judgment I just attended?

The calculator works on PPI up to the date the last payment was made but that was 4 years ago,

can I claim interest on the last 4 years as well?

 

6. Will the judge need to see bank statements or can I just produce an excel sheet with the details on?

 

I could do with some answers as quick as possible so I can get working on the paperwork so any help would be gratefully received

as I want to try and negotiate a full and final with the claimant if possible before the trial date in June.

[ZENTRIX9]

Hi

 

I had a credit card with HSBC,

this debt was sold to Marlin and they took me to court.

 

The judge ruled in favor of Marlin, but, if I have any interest claims they can be deducted from the amount.

 

I was refunded by HSBC a section 75 claim before the debt was sold but I believe that interest is still owed on the account.

Also I was negotiating a PPI refund.

HSBC refunded me approx 12 months after they sold the debt to Marlin.

 

My questions are :-

 

1. Are Marlin liable for the PPI refund even though HSBC have paid out after they sold on the debt? (I know HSBC will be in their rights to ask for it back)

 

2. Am I able to claim the interest on the section 75 that has been underpaid.

 

3. Can I claim interest on the monies I am claiming that are to be refunded?

 

I have attached the letters from HSBC and Marlin confirming that the debt was sold.

 

I could really do with some advice as Marlin have made an offer to settle before trial but I don't think its worth it.

 

I have posted before but no one has answered yet and I need to let them know tomorrow otherwise I will have to pay £14,000

 

HELP!

[renegadeimp]

Ever ccad them?

 

Marlin like other dcas.

 

Rarely ever have the right paperwork.

 

They use courts as a debt collection method which is why they try and settle out of it fast.

 

They know if you have done your homework they'll never win.

 

They just see the large amount and their eyes light up.

[ZENTRIX9]

The judge has seen all the paperwork and hes ruled in their favor.

 

I can prove the T&C are not the right ones.

 

He knows I have had the money and thats all he wanted to know,

although he did ask if there was any interest to claim against Marlins claim

and I said PPI but it was refunded after the debt was sold,

 

he asked me to confirm that this was refunded after it was sold and I said yes.

 

The way he asked and that he allowed the amount to be calculated at trial makes me think that I can claim PPI from Marlin even though HSBC have refunded it.

 

I think HSBC has refunded it in error after the debt was sold to Marlin.

[theoldrouge]

you cant claim it twice, if you accepted and

 

hsbc refunded you thats it

[ZENTRIX9]

@theoldrouge,

 

I know I cant claim it twice but if the debt was sold to Marlin would not all liabilities go to them too?

 

and if thats the case then Marlin would be liable for the PPI and any interest?

 

HSBC would then have to ask me to refund the payment to them.

[theoldrouge]

no ,the balance was sold with ppi, as hsbc had sold it they rightly refunded direct to you

 

its been properly dealt with

[ZENTRIX9]

no ,the balance was sold with ppi, as hsbc had sold it they rightly refunded direct to you

 

its been properly dealt with

 

Thanks for clarifying. What about the section 75 claim? They didn't refund all the interest I paid during the time it was being sorted out

[theoldrouge]

no, you would have to try and reopen your complaint with hsbc

 

very difficult if you have signed acceptance

[ZENTRIX9]

I did sign to accept

 

 

but on the paperwork I signed I stated that the acceptance was on the conditions that I could claim the interest payments

and interest after I was refunded the original payment.

 

 

This was after I was told by someone dealing with the claim at HSBC that I could claim for interest payments.

[theoldrouge]

as above then

[dx100uk]

if you have the card statements and can prove that HSBC did still charge interest and didn't fully refund it

then knock up a CISHEET concerning it . .