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court claim Marlin, on behalf of HSBC*** Claim Discontinued***


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Hopeully more good news? Recieved this letter today from HSBC.

 

Dear Sir or madam

 

Loan agreement xxxxxxxxxx

 

We write further to your letter dated 18 March 2014, the contents of which we note.

 

Please note that accounts owned by HFC Bank Limited, (also traded as Beneficial Finance and Household Bank), Endeavour Personal Finance and Sterling Credit Limited have been transferred and are now being serviced by HSBC Bank plc. We are members of the same group of companies. The information provided provided solely relates to accounts previously owned by HFC Bank Limited and is subsidiaries.

 

Please note that account number xxxxxxx is a closed account. Therefore, details of any account which had been closed over 6 years may no longer be held on our systems.

 

Please be advised we have been unable to locate any information for the above mentioned account. We have conducted a reasonable search at the time of request of all systems.

 

Should you have any queries, please do not hesitate to call.

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There is a shaded box at the top right hand corner of the letter stating: your request is being actioned by: CCA & SAR Department. With a telephone number.

 

Also the SAR letter I sent has been attached along with the postal order and returned to me.

 

Are they telling me then that they have no information about me for the whole 12 years worth of accounts which I held with them? It clearly stated that I requested ALL personal data.

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It would appear that they are unable to comply with either request therefore I cant see how they can continue to proceed with their claim. Wait now and see what their next move is so the claim should become stayed...if they do proceed then you have their written conformation that they are not in a position to enforce.

Regards

 

Andy

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Cheers Andy

 

So, can I take it that the procedure is as follows:

 

I file my defence.

 

The court informs Shoos that I have done so.

 

Shoos have to respond to the court.

 

The court decides what action to take.

 

Is this correct? And as they wont be able to provide any of the data required, the court should decide that they can no longer continue to take action?

 

 

There was one more thing playing on my mind, that is that they (Shoosmiths) agreed to give me an extension of 14 days from when they provide me with the documents to file my defence, should I have informed the court? I have filed my defence anyway within the time allowed as I could see no advantage to waiting and because Marlin defaulted the CAR.

 

Was I rite to do this? Is there anything else I should be doing other than as you suggest wait and see what Shoosmiths do next?

 

Regards

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You can submit your defence at any time within the 33 days...so disregard anything from Shoos.

 

They can still proceed if they wish (would be rather silly though without any documents their claim relies upon) all you have to watch for now is if you receive a DQ (Directions Questionnaire) this signifies that they have made application to lift any stay and proceed...if you don't receive one the matter is left stayed (parked)

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Will I be informed if it is stayed ?

 

Cheers

 

No

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Hello all

 

I have another thread open here that I opened some time ago when 1st considering applying for a mortgage.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?417039-Permission-is-needed-for-lenders-to-share-information.-defaults&highlight=bridgart

 

After updating that thread I got talking to one of the site team and it has been suggested that I now update this thread.

 

As I have explained previously on this thread, HSBC have responded to an sar with a letter stating that they have tried to find data on this account but cannot find anything. Not only that but I specifically asked for any and all data they held about me in the 12 or so years of banking with them (which includes a current account, loans and a credit card. Oh and also is just occurred to me a savings account that I recently have a statement for!! )

 

What I may not of explained is that there is a default on my cra file proving that the account this ccj attempt is about is definitely less than 6 years old.

 

I will now be putting a letter together and resending the sar along with copies of my cra file and the front page of the court claim to provide them with this proof.

 

Does this seam like the right move to make? Is there anything else I should be doing?

 

Thanks to you all again

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Is this in connection with the current thread bridgart ?

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Ah ok as long as its connected.

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So what do you make of them not having any data on this account? Is definitely not more than 6 years old.

 

Im not sure ...they will struggle to proceed with their claim?

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All will be revealed once you submit your defence and await their response.

 

Andy

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Just got off the phone with HSBC and they definitely have no information on any loan accounts I have ever had with them? Good news I guess...

 

They have also asked that I send the subject access request again with a different account number as a reference.... Am I doing their job for them?

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They should be able to provide data simply with your name and address as reference.

 

If you are using the account number from statements or off the claim form, then I would say they are messing you around ?

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Yes I have used the loan agreement number that is on the claim form?

 

I called the number on the reply letter for the CCA and SAR Department

and the lady couldn't find any information on me

and told me that they only deal with loan accounts?

 

After this I dug out a statement for a savings account so open with them

and contacted them via telephone banking

and the response I got was to send a new sar

using that account number as reference?

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I have today recieved a letter from Marlin and enclosed was a statement of account printed off the computer (at the bottom of each page there is a HSBC url) There is still no loan agreement but they suggest they will forward it when it arrives.

 

 

Should I be worried?

 

Also recieved acknowledgement of my defence from the court

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Not particularly...lets wait for the agreement now.:wink:

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I'm so confused? The account number on the statements sent to me by Marlin is different to the one i thought was on the claim form?

 

Maybe I've dropped a real clanger here?

 

In the poc it says as follows:

 

The claimant claims the sum of monies due from the defendant to the claimant under a regulated agreement between the defendant and HSBC Bank (********) and assigned to the claimant....... And so on.

 

I have assumed that the number in the brackets is the account number the claim is about? is this wrong? Could the number in the brackets be something else?

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Its should be the same...are you sure the statements are actually yours? If they have stated the wrong account number in their particulars then that error would have to be overcome and they may have to amend their PoC.

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I won't actually get the statements In front of me until Monday as I'm away with work so I'm not sure if they're mine.

 

from what the Mrs has read out to me over the phone the account number is different and that account number is definitely not anywhere on the claim form!

 

I'm just confused because I have been told by HSBC that the account number on the claim form has been deleted and probably because it's an old account. Also I confirmed with them over the phone yesterday that they can't find any details linking me to any loan account? Yet somehow Marlin have managed to get something?

 

Is it possible that I have been speaking to the wrong department at HSBC? Perhaps old loan records are kept in one place and new loan records in another?

 

As you suggest Andy I'm not panicking until I see the agreement but I'd like to be prepared just incase

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Have you any previous paperwork pre litigation from Marlin in particular the Notice of Assignment this will refer to the account number they purchased and whether they have changed the account number to a Marlin number?

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