DCA enforce or not after 14 years?

RAS

terriS

Can I just check what this debt is for?

terriS

Hi Ras

Sorry its for an HSBC C/C

RAS

Hi

Just wanted to check the CCa was appropriate. Suggest you take the sum out as it could be searched for.

terriS

Hi Ras
Sorry to sound stupid but what do you mean by take the sum out?

The CC was taken out over 14 years ago and used for several years which i made regular repayments back to HSBC. From what i remember i got rid of the card when i ran into financial difficulties around 2006 time, but i continued to make payments to HSBC (albeit a small amount each month) then i was notified that HSBC were no longer dealing with the account around April 2007, but Pheonix Recoveries were (aka Marlin). No further contact that i can remember until March this year from Marlin. They have provided me with statements but as i have previously mentioned i am not disputing the debt, just their ownership of it and therefore their right to demand money back from me. Does that clarify?

RAS

The value of the debt.

I would suggest you need to talk to NDL or possible CLA about the court situation.

My personal guess is that Marlin will not turn up but that they are hoping that you will bottle out before the date and pay up.

terriS

Thank you so much
Stupid me, having a blonde day today!!
Yes i will talk to NDL, thank you to everyone for all the advice

shinyhead

If you mention it to NDL when you call ask if there are any cases that take more precedent than the Rankine case. It might be useful to be able to quote at least one should you have to attend court and they try it on. Also if you could post here and mention them that would be great. The Rankine thing is something that someone at Marlin has dug up and it would be good for others to be able to counter it.

Were you ever told by HSBC that they were passing this on or was it Phoenix/Marlin who wrote to you with a notice of assignment. If HSBC did not you could in theory completely deny the debt to Marlin because as far as you know officially the debt still lies with HSBC. Not being notified in this way is a breach of OFT guidelines. That could strengthen your defence as of course does non-production of a CCA. If you think about it anyone could hijack an account number and demand payment. They need to prove it.

If and when the court issue the hearing date by all means ask for help as there's plenty available.

RAS

Hi

Rankine is NOT a predecent.

Just it is the only judgement that ever went the wrong way, in a low level court, so DCAs try to take advantage of OPs lack of legal knowledge to get them to pay.

terriS

Had already spoken to NDL before i read your post!

Basically what they say is that without the CCA they are not really allowed to persue through the courts. However, they are allowed to produce a copy of the CCA that would have been used at the time detailing interest rates etc but it doesn't have to be a copy of your exact CCA, therefore a signature is not required!! I really struggled to undersatnd this after everything i have read on this site, but she assured me that she was correct, although as usual it would all depend on the Judge on the day. However in my case the CCA used would have been an old one and as it was over 14 years ago doubts that they would even have a similar one used at that time that they could produce as proof, as paperwork just isn't kept that long. (I hope she's right on that one!)

With reference to HSBC informing of the debt being passed onto DCA's, i don't have any record of that, although Marlin have sent me copies of some of my old HSBC CC statements

RAS

Hi

There have been changes in the law and it gets more confusing by the day. However, the new rules should apply to recent debts.