HSBC/First Direct Managed Loan? debt sol to Phoenix/Marlin.

[B3rty]

I have a thread open re a specific case but after reading through many posts I am starting to get a handle on various aspects and to grips with letters and processes but I have a few questions that I am hoping an expert could give some simple yes or no answers to.

 

1. If I have a debt that has been sold to a DCA can I S.A.R the original creditor ?

 

2. I know I can use the CCA letter to the DCA so no problems with that one, but If I can SAR the original creditor and there are un justified charges does this effect the debt and the DCAs rights to collect this.

 

3. If the debt is in dispute through the SAR and I wish to take action to reclaim charges can I write to Experian etc using data protection legislation as the detail will be incorrect.

 

Don’t worry about pointing me towards letters etc as I can find these but just want to know the answers to the 3 points above so I can establish an action plan.

 

Thanks

 

Bert

[tomterm8]

I have a thread open re a specific case but after reading through many posts I am starting to get a handle on various aspects and to grips with letters and processes but I have a few questions that I am hoping an expert could give some simple yes or no answers to.

 

1. If I have a debt that has been sold to a DCA can I S.A.R the original creditor ? yes

 

2. I know I can use the CCA letter to the DCA so no problems with that one, but If I can S.A.R - (Subject Access Request) the original creditor and there are un justified charges does this effect the debt and the DCAs rights to collect this. yes and no

 

3. If the debt is in dispute through the SAR and I wish to take action to reclaim charges can I write to Experian etc using data protection legislation as the detail will be incorrect. yes, but it will have very little effect

 

Don’t worry about pointing me towards letters etc as I can find these but just want to know the answers to the 3 points above so I can establish an action plan.

 

Thanks

 

Bert

1. If a data controller is processing (which includes storing) your data, they must respond to a S.A.R. Banks tend to keep data for at least 6 years after the close of an account.

 

2. If the amount of the debt contains unlawful charges, they would not be able to claim this amount of money. Any charges you have paid, however, you will need to claim from the original creditor.

 

3. Experian will write to the DSCA, ask them if figures are correct, the DCA will respond "yep" and Experian will write to you saying tough luck, add a notice of correction.

[B3rty]

Cheers Tom, your advice is appreciated ...

[B3rty]

I have been notifed from HSBC that my 3 account with them are sold on to various DCAs the 3 accounts relate to:

 

*First Direct CC that was added to my FD current account

*Business loan that was added to my business account balance

*HSBC credit card

 

I wish to S.A.R - (Subject Access Request) these accounts and can't decide the correct address as I have the debt recovery address shown on the letters they have sent to me from Edgbaston or do I send to my my local branch address, I also have the address at Canary Wharf where Martin Lewis suggests these are sent via the data protection controler

 

Can anyone suggest the best one

 

Thanks

 

Bert

[pt2537]

you can send it to your local branch, they will transfer the letter ot the relevent department anyhow

 

or you can use

 

HSBC Bank Plc

Service Quality Team

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

 

Tel 08456 028006

 

Fax 08001696143

 

BUT MOST IMPORTANTLY SEND IT RECORDED DELIVERY NO MATTER WHO YOU SEND IT TOO

 

regards

paul

[ScarletPimpernel]

HSBC's compliance team is actually located in Sheffield. When I SAR'd HSBC, I sent the initial request to the Leeds address - they responded with copy statements. Only when I wrote to their head office (Canada Square, London), making clear that my SAR was in fact a SAR, did they send it to the right people. The data compliance people - who were actually very helpful - told me that SARs to the Leeds office are passed to some offshore facility where they do nothing but turn out copy statements.

[B3rty]

I need some advice on the Consumer Credit Act....this might seem simple but I dont want to get it wrong as I am trying to read up to prepare my defence.

 

My MBNA credit card was origionaly taken out 0n 29th Jan 2003 and the account was closed on 30th May 2006 and assigned to 1st Credit on 12th June 2006.

 

I have sent the CCA letter to first credit who have written to MBNA for a copy of the agreement, they will miss the deadline so my defence with be this, plus they have added interest and I am sure I can find something on that as well.

 

Which Act should I read up on as I am not sure if the amendments in 2004 apply in retropect or not....

 

I have found the link below which I am sure contains all the info I need but if someone could just point me in the right direction with regards to which version of the Act and which sections so that I can read and more importantly understand regarding copy of agreement and any added charges...

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

Thanks

 

Berty

[pt2537]

 

Which Act should I read up on as I am not sure if the amendments in 2004 apply in retropect or not....

 

 

 

Hi Berty

 

ITs probably the fact that i have not had my morning coffee yet but im not sure what it is you want to know mate

 

if you could clarify im sure we can help

 

 

regards

 

paul

[B3rty]

Hi Paul...I can see you do a great job along with the other fantastic helpers here so enjoy your coffee....

 

Basically my account was opened in 2003 and closed in 2006 and I just wanted to know whether the origional 1974 Act applied or should I be reading up on the 2004 amendments?

 

I want to get a clear understanding of the sections of the act that apply to me in case this goes to court and I can see in the CCA 1974 thread other links relating to 2004 amended regulations

 

I think my defence will be the CCA agreement as they haven't produced this along with interest that they have added as shown on the court claim form they have added 8% and are saying they will add .61 a day until settled

 

Berty

[pt2537]

Hi Berty

 

Oh i see where you are coming from, had my morning Nescafe now

 

right, you will be surprised to learn that there are somewhere in the region of 80 ammendment regulations since the 1974 act came into play

 

these regulations vary all of parts of the act

 

so to know what you need to read up on, we must first look at the situation you are in and what issues you have

 

i can point you in the right direction of all the legislation you need but i need to know what it is you really want to know first

 

regards

paul

[pt2537]

oh one other thing, the 8% interest they have added is under s69 County Courts Act 1984 so it wouldn't come under the CCA at all

 

you can find much of the law you need here Home - Statute Law Database

 

regards

paul

[B3rty]

Paul

 

My thoughts were if the agreement was taken in 2003 wouldn't the act as of that date apply? if so I could ignore amendments after that?

 

My origional thread is here if you wouldnt mind having a look.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/118878-help-court-ccj-letter.html

 

Thanks

 

B

[pt2537]

ah ye, i remember the thread now,

 

 

ok, i will have a look and see where we are, its one of those threads which went out of sequence by the looks of it so its gonna be fun

 

if you can bear with me as ive got the usual family business to take care of, you know the trip to asda to do the shopping etc

 

when im back i will have a good look and see what law you need and where you can find it

 

 

 

regards

paul

[pt2537]

Hi Berty,

 

Right ,Back now.

 

ive looked at your thread and you appear to have a few issues on the go there

 

so, it would be easier if you put down the main points you want to know about and i can then try and point you to the corresponding part of the Act / SI

 

what i mean is things such as,Q. where does the wording for Default Notices come under

 

A.Consumer Credit (Enforcement, Default and Termination Notices)

Regulations 1983 (SI 1983/1561) and the 2004 amendments

 

that way i can point you in the right direction as there is so much happening on your thread, to cover it all blanket fashion would be impossible

 

Regards

paul

[B3rty]

Thanks Paul

 

I will do that

 

Just another quick question on the link you provided I see there are 2 CCA 1974 and 2006, do I assume that the 1974 act applies as the agreement was dated 2003?

 

Berty

[pt2537]

Hi Berty, yes the 1974 act applies to ALL agreements made before April 2006

 

Regards

paul

[B3rty]

I had a credit card and a current account with First Direct I defaulted and the card the balance was transferred to the account leaving a negative balance and of course lots of charges, Metropolitan have collected £1 month for about 18 months but on 25th October HSBC wrote to say the account was assigned to Phoenix Recoveries who had appointed Marlin as their servicing agent and gave their address.

 

On 1st Nov I sent a CCA letter to Marlin ( now overdue) but cheque cashed ( signed by wife ) and S.A.R the First Direct account recorded delivery but as of yet not showing delivered or £10 cheque cashed so I will need to redo.

 

Upon checking my credit file the reference shows as this

 

First Direct bank Bank

Started 21/3/06 Default £8407 Defaulted 21/3/06 Current balance £8379

Status history 8

 

Started and Settled same date!

 

First Direct Bank credit card

 

Started 31/5/05 Balance £0 Settled 31/3/07 Credit Card Limit £9300

Status History 00000000000

 

Thats got to be wrong settled date as the bal was transfered to account !

 

 

So the Bank account start date is wrong and the settled card date doesn't make sence

 

I have a few questions that someone may be able to answer

 

· What’s the situation is regarding a credit card debt that’s transferred to a current account from a CCA point of view ?

· Is there any advantage to me in the credit reference showing the wrong start date for the bank account and settled date for card

· Will these details be taken over by Phoenix/Marlin and will they be the same as if in error I could use these to my advantage?

 

I plan to claim back the charges from the account but just wondered whether the CCA agreement could come unstuck as its showing as a current account although original debt was a credit card…

 

Any advice is gratefully appreciated as I want to get this process going ASAP

 

Thanks

 

Berty

[Hopeful1]

My first thoughts are that the CCA will not have a bearing as it is a bank acc. that is currently running. Did you agree to the transfer of everything? Was a letter sent to you detailing the terms. This information may help some of the more knowledgeable ones offer you further advice.

 

I would certainly get your claim in regarding bank charges. Also, were there any charges on the loan or card prior to the transfer? If there were, you could also reclaim these. Obviously send a S.A.R if you haven't got all the info you need?

 

I'm sure you'll get further advice soon

[tomterm8]

Um, if they have any details wrong you can of course send the credit reference agency a notice of correction, asking them to correct incorrect info - e.g. type of debt, date settled etc.

[B3rty]

I understand the overdraft isnt subject to the CCA, but this was only £50,the credit card debt which is subject to CCA was transfered to the account pushing this up to the default level stated....I dont have the correct info so will need to wait for the SAR for this, but surely the bank cant just transfer away their CCA obligations for the C.Card?

[tomterm8]

I don't believe they can. Assignment normally only operates on the benefit of a contract, unless it is with your permission. Any notice of assignment would have to explicitly state they were assigning the obligation of the contract.

[B3rty]

Until I get the SAR returned I cant see whats happened but I have CCA the DCA all the same and they are over the 12 days...

[B3rty]

Had a letter from FD asking me to call them as they couldn’t verify my signature for the S.A.R - (Subject Access Request) so I called and spoke to a very helpful person who is sending me the relevant information….but more!

 

She didn’t know why, but when FD send CC debts to collections the card is closed and the balanced transferred to an account( I think we know why !) if you don’t have an existing account they create a new one and default it on the same day as my credit file shows……interesting points here because the CC is covered under the CCA but the new account will not be….perhaps someone could clarify any points of law on this for me…

 

However…..this is where it gets good… I had an account with .68p in but for some reason they didn’t use that and created a new account for the CC transfer ….the young lady said she was confused because their notes show that the open account was the one they had intended to use, but for some reason it was closed along with the CC…….now the nice bit…

 

The DCA have bought the debt from FD but on the wrong account number, the account number they quoted is for the account that is closed, and the nice lady at FD is sending me F.O.C copies of the statements for both accounts and the last credit card statement so that I will be able to prove that the account they have is debt free and they are in error.

 

What’s the best way to deal with this I am half inclined just to ignore it and wait for them to take me to court then defend using this evidence, …any thoughts ?

 

Berty

[tomterm8]

It sounds like what they are doing is unlawful. they must send you a default notice before defaulting your account and if the account has already been defaulted, they have no right to add a new default to your account.

[postggj]

not hijacking, but marlin are being mentioned more and more on cag

interesting