HSBC Debt sold to marlin

sazzy32

Hi all


Am looking for some advice.


Had a credit card with HSBC and defaulted in 2010 balance around 9k
In 2012 agreed repayments with metropolitan, who I believe are part of HSBC, of £80 a month.
This has been paid since.
Yesterday I got a letter from marlin financial services declaring they had bought my debt( now 7k) and that my payment would continue as previously agreed. They also have my bank details and have stated they will be setting up a direct debit.


So firstly can HSBC/ metropolitan pass my bank details on like that?
Can Marlin just set up a DD without my permission?
I have moved house and Marlin only have my old address so can I just cancel the DD and ignore them?

sazzy32

Sorry also meant to ask can they now register this on my credit file again even though I have a default on there for the same debt already?

Lensman_2

Cancel the DD. Pay by standing order only if you are going to pay.

I would want to know they have not issued a claim to your old address so I wouldn't completely ignore them. If you can get mail from there, fine. If not I would consider Plan B.

HSBC seem to struggle to get credit agreements from their archive. Plan B is do a CCA request to Marlin, updating your address at the same time. And possibly complain about them pinching your DD, both to them and HSBC.

happy_bunny_2

As above.

They can change the credit entry to their name. They must not change the default date.

Save a copy of your credit report as is if you haven't already.

sourcrates

As Lensman suggests, I would hit them with a CCA request as well, at worst it will keep them busy for a while, at best, they may not be able to find it, could put you in a much stronger position.

sazzy32

Thanks all.


CCA request going out today.


if they cannot produce what happens then?

sourcrates

sazzy32 wrote: »

Thanks all.


CCA request going out today.


if they cannot produce what happens then?

Depends when the account was opened.
In a nutshell, and please remember that ultimately only a court can decide on this issue.
If prior to April 2007, a correct response would be a signed copy of your original agreement, complete with all applicable terms associated with that account, all within the same document.
If they cant produce that, they cant get a CCJ against you in court.


After April 2007, the law was relaxed, a "re-constituted" version of your agreement is acceptable, it can be made up of any info the creditor holds on you, but, if it does not exist, it can not be fabricated.
In either case, until a correct response is received, a creditor is prevented from getting a judgement against you in court, until such time as the CCA request is complied with, however long that may be.