Hi All, I am at the AQ stage with Phoenix/marlin as they are attempting to get a ccj on a HSBC account. I entered my defence as the 'vague and embrassing' as it appears HSBC have merged a loan and current account. I have a stayed claim for charges issued in april 2007 and HSBC closed my current account, (nothing to do with the claim apparently) in june 2007. Marlin say they "were assigned the debt to collect on behalf HSBC" The default is under Marlin and appeared in march this year, with the default date may 2007 and account type loan. I have done a cpr to Marlin and their response was if I wanted statements I had to send £10, so I am stuck as I have no idea what they are claiming for, or the interest rate. Should I include the default on my AQ? And if anyone has an idea of a thread I could read up on, as to which angle I should be entering my AQ on, I would really appreiciate it. my thread is Marlin and Remus, where I have been getting some very good advice.

Hi All, Things have been quite for a while, I have had no response to my cpr, in fact nothing from anyone until today, when I received my N152, it has been transferred to my local court and I must complete the AQ on or before 17 July. I am away from the 15th, so will have to read up on the Marlin/Phoenix threads this weekend to see my way forward and get the AQ sorted. I have already been to my local court to defend a ccj, if I knew then what I know now;)

I Thirds that tilly:p All the best for tomorrow/today Thinking of you:)

Hi smithy73 and welcome to CAG:) They have 40 days to respond to your sar, and it will cost £10. If in the future you need a cca (signed agreement) to prove the debt is yours, it may be an idea to send a postal order and only print, not sign any correspondance. It has been known for dca's to copy paste:eek: I will have a look to see who you should send this to, or someone else will be able to respond. good luck:p

Hi Luminol, HSBC sold my debt to Phoenix/marlin, and I put my claim in april 2007. I think their problem is with HSBC, as I expect a lot of the debts sold on include charges:rolleyes: with interest, and if they have combined your current and loan account as they have mine, who knows what we owe:eek:

Hi ccgale and welcome to CAG. Which bank is it? You would be best starting a thread in your banks forum, where there will be people in the same boat as you who can help and advise. I would also suggest claiming your charges back, even if you can afford to pay, thats a lot of your hard earned money for very little effort on the banks part:rolleyes: Good luck.

Good luck with your sar, hopefully it will show all the charges they have wacked on. I have a dca going for a ccj and the debt has increased by £1400, beggers belief when you know they only paid pence in the pound for it:-x Duly signed:)

Bump

Hi abjohnson, the debt collectors will want to negotiate (I use that term loosely) with you and agree an amount to pay back each month. You are a long way off having them knocking on your door. You need to reclaim your charges and reduce the amount outstanding. Go to the Cap1 forum and have a good read Other Institutions Good luck

In cars signature;)

Hi car2403, will send surlybonds letters to Marlin as the default is under their name. I have no record of HSBC defaulting me, so no record of settlement on my credit report. I am rather confused about this, and wonder if HSBC have not followed the full process. On my credit report, Marlin have put my current balance as £900 more than they are claiming, and about £1400 more than was owed when it was 'assigned' to them, (interest?), will Phoenix have to produce and verify these amounts via the cpr? If phoenix back down, am I able to carry on with my counter claim, or will I have to start a claim against them for adding fantasy amounts:p Northampton have acknowledged receiving my defence. Which body should I write to about Phoenix, and the appalling way they are using the courts to apply ccj's to people, who are unaware of their rights, and increasing the debt by obscene amounts? MoneyMail springs to mind:D

Hi porcoosso, welcome to CAG, You need to send the preliminary letter in the bank templates. As your claim go's back six years you need to start the ball rolling before you lose any charges that go beyond the six years time limit. Once you are in the system they will have to honour the claim. http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html this should help you start your own thread and ask any questions. Good luck:p

Yep, they obviously didn't like it when I cca'd them;) They have agreed to my payments staying the same, even though they only have an application form. Once things quiet down I will be sending and sar:)

Interesting move by HFC, I cca'd them, and they have sent me a copy of an application form (it says so at the top;)). Now my credit history has been updated to an 8, credit agreement ended. Dealing with other HSBC matters at the moment, but will be looking into this one:)

Hi, has anyone any thoughts on my post 58?

Hi all, bit delayed, but defence with copy to phoenix sent today. Have just checked my credit report, and my HSBC loan and credit card which was not there on the 3rd, have appeared under Marlin both as 8 . Can they do this? has it any bearing on my defence or litigation, is there anything I should be doing? Any help gratefully received:)

This is exactly what happened, and I am going to make a complaint:mad: Weird Al, thank you for your response, my daughter would like to hand in her resignation as she has had no work for nearly two months, and is getting more pregnant every day:eek:, but then you have to think about where she stands with claiming benefits if they let her resign. Its such a mess when she believed the caution was spent, it was a silly teenage thing that she didn't even start and has no bearing at all on her suitability to work within the care industry. jonchris, ccj's spring to my mind, with the dca's going loaded down to northampton bulk court, these are going to become as common as muck:rolleyes:

Hi Weird Al, understand where you are coming from, I am just going to read up on the employers guide lines on crb to see how they could handle this.

Hi all, the agency she is working for is a small local private concern, I myself worked for them a few years ago, and know the owners ability to understand employment laws is zilch if its not going their way, reminds me a bit of dca's:rolleyes:. She had a meeting with the manger, after her months trial, and he was sending a contract to her, but it never turned up. The 'considering dismissing you' letter arrived the day before the proposed meeting, plenty of time to arrange a work colleague or trade union official, and find out what information the application form requires re convictions, not. Sidewinder, "It is more than likely that she will not be dismissed as such (if that is their decision) - more that they cannot accept her application. She should however still be paid for what she has done so far - if working since March she has obviously done a significant amount of work in that time and should be paid accordingly. If they allowed her to start before they received the CRB then that is their fault." This is my thought, I just need my daughter to get her case put forward in such a way that they understand they do not need to 'dismiss' her, but let her go, (it's hard enough getting a job without negative reports) JonCris, "This demonstrates the very best reason to refuse a caution." In hindsight yes, at the time the police and myself believed it would act as a short sharp shock, and he said he could see she wasn't a serial trouble maker. Something needs to be done, as I believe the agency are using this law to 'get rid' of my daughter as she is pregnant. She has been signed off for a week, as she developed a very painful abscess near her coccyx, so the meeting has been put off till next week.

Also, as she has not signed a contract and they are not paying her, can they dismiss her? or just say we are not going to take you on?

Thank you all for your replies and I appreciate all the comments:) The letter from the agency says "Failure to disclose criminal convictions under the terms of rehabilitation of offenders act 1974. Not adhering to policy statement on the recruitment of ex-offenders. the link you gave me Hobbie has this "a conditional caution is not a criminal conviction. ". is the final warning the same? Were would I find that it is on her records for life? If that is the case I will persue it further. have just read through the link again, and the sentence I have quoted starts " just like a simple caution". So I have answered my question on that one! any thoughts

Have a look here:) Suggestion for Draft Order for Directions

Thanks for the reply sillygirl1, She hasn't signed a contract as they were waiting for the crb, so I don't see that they can dismiss her.

Hi, my daughter (21 years) has been working for a care agency, since march, she is now 5 months pregnant. She filled in the crb, BUT thought her caution when she was 14 for hitting another girl of the same age, who had hit her FIRST (it was witnessed) was spent. (sorry she was a foreign student, and at that time there was a lot of happenings with foreign students, and the police where clamping down) It took a time for her crb to come back, and she was effectively laid off all of last month. The crb has the caution and it states Assault occasioning actual bodily harm. I have read the crb site and we now know that she should have put it down:roll: She spoke to her manager who felt it should'nt have any effect now. Today the agency have requested she attends a meeting re possible dismissal tomorrow afternoon. Now she is nearly at the point where she can stop working, so the job itself is not the problem, I am more concerned that if she gets dismissed it will effect her future employment. Has anyone any thoughts on how she should tackle this tomorrow?

Thanks rory, I had heard that there was a limted amount of space on mcol. Will post it tomorrow, copy to phoenix.