Hi CitizenB Yes 10/05/2013 i received a letter from restons saying that they had been instructed by Marlin to claim immediate payment. I did receive a letter from Marlin Europe 1 Ltd on 08/05/3013 titled NOTICE OF CHANGE OF AGENT which said the following "Since you have not agreed a payment plan with us, the creditor of your account MARLIN EUROPE 1 LIMITED, has decided to appoint Restons solicitors to take recovery activity from us. Restons solicitors will be in touch shortly and you should engage with them to agree a payment arrangement on your account. Since then I have never had any other correspondence from Reston's other than the responses refusing my CCA requests.

Right, So it turns out its not Statute barred. I did some maths with my payments from my employer and they must have been going into the account in 2008. So now where do i stand? Help! I've filed my AOS on MCOL but have not prepared a defence of any kind as yet. CCA has been sent twice to RESTONS SOLICITORS and they have sent back twice saying that they need my signature. What is the next course of action? Any advice at this stage will be more than welcome as I'm getting quite nervous.

Legend! Tanks again dx. I'll have a look at the other threads. Hope in the future i can do the same for someone else!

dx, SO can I use the fact that the account is possibly statute barred (I will look into it further) as a defence in the county court claim against me?

Just spoke to a very helpful woman at HSBC who checked all my previous statements for the past six years. She has said that there has been no credits on my account since 1st June 2006 other than those which were recredits by HSBC. The recredits were £25 which makes me think that HSBC have refunded charges on my account - these occurred last year. I have sent an SAR this morning by recorded delivery in any case , but on the face of it, if I haven't credited the account since June 2006, does this mean that the account is actually statute barred?

dx, once again, thanks. Will definitely give them a call this morning. Just on the point about my credit file changes (for info)... I Spoke with Experian this morning. They said that it was removed by HSBC themselves this week. Could this be a tactic of some kind? As I understand it MARLIN (Reston's) cannot file another default on my credit report for the same debt. Is that correct?

dx One other thing - should i keep my signature off the SAR? Having read the horror stories of banks etc forging signatures...

So what I need to do is SAR HSBC? Given the limited time constraint - the CC Claim was issued on the 13th June on the document so I will need the SAR info returned to me before the 15th July (28 days after the 18th June) - is that enough time? If i do not have the info from HSBC before the 15th could I ask for an extension from the court? In any case I will send it tomorrow morning recorded delivery. Could it just be that Experian have messed up this time? They have done in the past with things like my address.

dx, Glad you just asked that question! on the 19th of June experian showed the account on my file as in default to the amount specified in the County Court Claim. I've Just checked now and the account isn't even showing on my current credit file! I even downloaded a previous CRA report to check - its definitely there up to the 19th of June!. to answer your question (or not) my CRA file says it hasn't been serviced for about 4 years, though I suspect it may actually be a bit longer than that. I have phoned HSBC to ask for copies of statements - they were unable to access the account. . Is there another way I can find out given that my previous attempts to obtain copies of statements have not been adhered to? It is a current account.

Hello, This is my first post here so forgive me if i don’t get it exactly right, but using some of the threads I have read as examples of what is needed so I have tried to keep it concise. I really could use some help please. I have received a claim through the county court for an account that I had back in 2006 with HSBC. The claimant is stated as Reston’s Solicitors acting on behalf of MARLIN EUROPE I. I have submitted my AOS online and intend to defend the whole amount as I believe it is made up mostly of charges from when I was a student. However, I’m at a loss as of what to do next in terms of preparing my defence and could use a bit of direction from the good folk on CAG. I understand that a bit of background is necessary, so here goes... According Experian the account was recorded as being in default in 2010. I have not been in / had any contact with HSBC since 2008 given that I have lived at several addresses since then and only registered at my current address on the electoral role last year (probably why this has now escalated!) I have kept a copy of all the correspondence received since 2010. Chronology of 20/03/2011 MOORCROFT DEBT RECOVERY LTD - Discount offer letter (I did not respond) 17/06/2011 WESTCOT - Door Step Notice Collection Letter (I did not respond. They did not show up) Jan 2013 HSBC- sent a letter saying MARLIN FINANCIAL SERVICES had been passed the account (I did not respond) 12/03/2013 MARLIN FINANCIAL SERVICES – “please contact us to discuss repayment” (I did not respond) 25/03/2013 MARLIN FINANCIAL SERVICES – “reminder” (I did not respond) 05/05/2013 MARLIN FINANCIAL SERVICES - “we’re going to get the solicitors involved” (I did not respond) 08/05/2013 – MARLIN FINANCIAL SERVICES – Notice of Change of Agent (I did not respond) 10/05/2013 – RESTON SOLICITORS – “you have until the 24th of May or we will commence action” (I responded, see below) After reading some threads on the CAG forums the sensible in my view was to request a copy of the original credit agreement. I sent a letter on 17th May 2013 to Reston solicitors using a template from CAG and asking them to provide me with a true copy of the credit agreement und CCA 1974 stating; s.78(1), s.77(6), s.175, and s.189. I also drew their attention to s5(2), 3(b), 6 and 7 of the CPUTR (2008). I included a postal order for £1 and sent it by recorded delivery (I have all of these) and I did not sign the letter as I have heard they can use your signature on other documents. On the 20th of May Restons responded, returning my payment and stating that they could not process my request without my signature. I then responded on 22nd of May saying that there was no legal requirement to provide a signature and that my original request still stands and that I would expect a response by the 3rd of June in line with their legal obligation under my original request. I included the returned postal order and a copy of the original letter. Again, this was sent by recorded delivery. Restons then responded on the 3rd of June, once more stating that they would not acknowledge receipt of my request without a signature. They also returned my Postal Order. A bit of further reading on the CAG threads seemed to suggest that I had done the right thing for now and that I should sit on it at this point... so I did. Then on the 18/06/2013 a letter arrived at my old address (I have now changed address but old house mate passed it on to me – thank god!) with the County Court Claim. The POC on the claim form states: “The Claimant Claims payment of the overdue balance due from Defendant(s) under a contract between the Defendant(s) a nd HSBC Bank Plc dated on or about 26/07/2006 and assigned to the claimant on 20/02/2013 in the sum of £3212.91 PARTICULARS a/c:- (account number) which i don’t recognise. DATE: 08/05/2013 ITEM: Default Balance VALUE:£3212.91 Post Refrl Cr NIL No other documents were included other than what looks to be the standard Claim documents. I have submitted my Acknowledgement of Service on line, as I said earlier, now I need some help with how to go about; A) Getting the information I need in order to put a reasonable defence together i.e. CCA and details of the account history including a detailed breakdown of charges on the account and how these have been calculated. Especially given the refusal to provide it in the past (see above); and B) What are the next steps for me to do to ensure that I am fully equipped to defend this in the County Court? I’d like to also thank everyone who has added info on this site in the past. It has been invaluable and I would like to thank anyone in advance of any help/advice they can give me. CHEERS! I’ll keep this up to date and respond within a few hours of any posts

Here is the section G for POC. Do you need to see the rest of it? "I believe this case will last no longer than one hour. I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument. However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith. Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks." Hope that sheds some light on it....

Hi guys. This forum has been a goldmine o information for me for the past 4 months but now I have a specific problem that I can't seem to solve and there is a serious time issue for me. I'm hoping that some of you legal eagles can give me a bit of advice. Here goes.... ME v Abbey I have just recieved this from the court "Before DISTRICT JUDGE THOMAS sitting at Gloucester County Court. Upon both parties filing allocation questionnaires IT IS ORDERED THAT The claim is stayed on the grounds that the claimant's statement of case discloses inadequate particulars of claim. Unless by 4.00pm on 27th of feb 2007 the claimant files and serves a further statement of case that sets out full particulars of claim, the lclaim will stand struck. The claimant should also send a copy of the further statement of case to the Defendant or their representatives and confirm to the court that this has been done." I think that my POC may be inadequate. My submitted POC asked for standard disclosure of costs etc. Was basically a template from moneysavingexpert forum... Obviously this was not enough. Can someone please help me with this? I am getting worried that all my hard work over the past few months will be for nothing. I'm claiming £2978 (including interest). Thanks in advance for your help.

Fantastic news... Jobs a good'un then. Just a quick question.... How long after you started the cclaim in the court did it take? Abbey have to file defence by 16th of jan for me (they havent yet and its only a day away. Just want to know so I can plan ahead for any eventuality.