HFC/Restons **WON**CASE STRUCK OUT

[111253]

:|Hi Bug, They are a bunch of w.....s, but regretably Phoenix- Marlin will still have a go at you because this is what they specialise in, hassling the alledged debtor and sending court docs threatening to put a charge on their house if they have one.

 

They are well in default with me and I have heard nothing, and neither has the court. They denied my defence and offered to take £30M and wanted me to sign a Tomlin order, some sense of humour!.

 

My thanks to all at CAG who advised me, and I hope they will now either drop it of get a court date so i can take them to the cleaners- with all your help guys.

 

What happens if they just do nothing now, how long before the court shuts the case. In my defence I said the court should strike the case out. Will this happen if Marlin do not reply, or do I have to take out a separate case and counterclaim for costs or such like.

 

Anyway Bug, looks like you may have to go through the whole thing again because Marlin will probably ignore any letter you send. Best of luck.

[Bug]

Anyway Bug, looks like you may have to go through the whole thing again because Marlin will probably ignore any letter you send

 

Bring it on!!!

[Hopeful1]

Hey Bug

 

Firstly - congratulations

 

Secondly - go get 'em

 

It's never ending isn't it?

[conar686]

 

I've now had a 'notice of assignment'.....'we give notice that the above named assignee (Ph oenix Recoveries, aka M arlin Recoveries) have acquired from the above named assignor (H FC) all of the assignors rights in, to and under your above detailed account.,,,' blah, blah, blah.

 

I've just received the exact same letter, I'm writing to tell them to 'narf orf' that I'm in dispute with HFC & Restons, I'm also writing to the OFT to complain as this action is expressly against their guidance.

 

R estons are a bunch of 'winkers'

[Bug]

If we're all getting these letters then there's obviously been a move from one 'collector' to another ... in light of comments quoted on robcag's thread with respect to what Restons have said about the 'move', I can only assume that the 'dynamic duo' have had one heck of a squabble.

[hellhasnofury]

I've just received the exact same letter, I'm writing to tell them to 'narf orf' that I'm in dispute with HFC & Restons, I'm also writing to the OFT to complain as this action is expressly against their guidance.

 

R estons are a bunch of 'winkers'

 

OOOooohhhh wonder if mine is coming soon:rolleyes: Will let you know. probably sold them in a bulk load. Let you know:grin:

Edited June 28, 2008 by hellhasnofury

[robcag]

If we're all getting these letters then there's obviously been a move from one 'collector' to another ... in light of comments quoted on robcag's thread with respect to what Restons have said about the 'move', I can only assume that the 'dynamic duo' have had one heck of a squabble.

 

That's one possibility which I'd thought of Bug, and some things are pointing in that direction, but I'm not sure we should assume anything at this stage. After all, it could be just another trick by the slime-ball duo to have another bite at the cherry, so to speak. I believe at least 1 HFC/Weightmans case has gone the same way.

 

One thing to watch out for in the next few days or weeks which might support that theory would be to watch the forums for any new HFC/Restons/(Weightmans) threads.

 

Cheers

Rob

[car2403]

That's one possibility which I'd thought of Bug, and some things are pointing in that direction, but I'm not sure we should assume anything at this stage. After all, it could be just another trick by the slime-ball duo to have another bite at the cherry, so to speak. I believe at least 1 HFC/Weightmans case has gone the same way.

 

One thing to watch out for in the next few days or weeks which might support that theory would be to watch the forums for any new HFC/Restons/(Weightmans) threads.

 

Cheers

Rob

 

Here, here...

 

 

[Bug]

http://www.blacktipcapital.com/acqblacktiipcapital.pdf

 

....shows the Marlin 'family' if anyone is interested....too wordy and too much financial jargon for me!

[hellhasnofury]

http://www.blacktipcapital.com/acqblacktiipcapital.pdf

 

....shows the Marlin 'family' if anyone is interested....too wordy and too much financial jargon for me!

 

 

Jesus, look out for big hooks coming through the letterbox:lol:

 

They do indeed sound like big powerful fish, wonder if they are ofay with consumer legislation, best had be:D

 

On a different note, it seems that a few (bar me:rolleyes:) have been recently assigned to these parannas, may a whole thread dedicated to this is a way foward to keep up to speed on arising matters. What do you think?;-)

[Bug]

may a whole thread dedicated to this

 

I'd second that move actually, as I think it will affect many of us on here....

[111253]

Yes, they are going for lots of people, amny of whom have been paying what they can concientiously for years. However maybe they did us all a favour by being so unprepared.

 

A separate thread would be good

[Bug]

Been doing a bit of fishing .... apologies if this is second-hand news for any of you ... quite interesting though..

 

HSBC arm flouting 'anti-bullying' rules | This is Money

 

(deal with HFC not wanting to deal with debt management companies direct apart from the one they 'recommend' - the Consumer Counselling Service)

 

However maybe they did us all a favour by being so unprepared

 

Me for one, 111253! I could have lived without the stress though

[111253]

Just read the story of Marlin , its the classic Venture Capital bull****. They depend on getting no hope deals from desperate bankers and CC companies, and with all the talk in the article of legal knowledge know exactly what they are doing. They depend on us knowing nothing and taking their threats seriously. If we do not and fight, they find it cheaper and more efficient to just give it up(this is the approach I would use if I were them) . The proportion of perople who do pay up far outweighs those who know their legal position and so they make money. I take back my Marlin monkeys jibe and now give them credit for a well concieved racket that preys on those who know no better (as I was before coming accross you in CAG). They are fully aware of the illegallity of many or maybe most of their "collection" practices and will continue as long as there is debt(dodgy or otherwise) to be bought, thank goodness I like many other found CAG.

Edited June 30, 2008 by 111253

[robcag]

I take back my Marlin monkeys jibe... in that case maybe 'Marlin sharks' might be more fitting, as I referred to them earlier today on my thread

 

Cheers

Rob

[111253]

Yes. thats what they depend on, I was the same but fortunately for me I found CAG within days of getting the court papers so probably did'nt have your hassle ( though I'd beem paying up for the last 3-4 years).

 

I hope they get off your back as soon as you show them we have good advice and are not going to roll over.

 

Good luck,

[goorooji]

Hi Bug I don't know if you are still around or you have received my PM regarding getting a copy of your witness statements in reply to the summary judgements...?

 

I would be grateful if you could post or email me these, as it would help me considerably in preparing my statement.

 

Hope to here from you.

 

Regards. G

[111253]

Me too, I'm not sure where I go from here. My AQ is in for both cases, but Marlin has not copied theirs to me even though I know they asked for an extension that would have run out a couple of weeks ago. Anything anyone has that I can use to get prepared for when (if) the court write to me with a date would be much appreciated.

[Bug]

Hi Bug I don't know if you are still around or you have received my PM regarding getting a copy of your witness statements in reply to the summary judgements

 

Hi G,

 

Yep, still very much around....I've answered your PM but anything else will be posted as I like everything (well, most things!) to be out in the open, as it were...

 

Right, I didn't prepare any witness statements so perhaps someone with a bit more savvy in that area will come along to help shortly, if not then PM one of the mods....

 

In the case that I won, Restons had applied for Summary Judgment with the usual grounds 'I had no reasonable prospect of defending the case'. Remember that they were trying to obtain judgment on an application form (post #176, this thread, no sign of a properly executed agreement anywhere.

 

So, we had a hearing, I told the judge about not being able to read the copy form and it was adjourned to allow them to supply a legible copy of the form they wished to rely on. They didn't file another form, instead they tried to fool the court into thinking that there was other legislation they could rely on (post #266). I could have just let the hearing go ahead but I decided to try and have a go back. The form was just a general application form (post #283), I was lucky because I am entitled to full fee remission, so in it went. I took it up to the court in person and asked if it could be heard at the same time as their application for SJ. It went before the judge (ex parte) and he heard them both on the day.

 

I think the following points helped me win on the day....

 

(Ok, the facts were on my side but I'd turned over and done nothing they would have won, without doubt)

 

1. I kept it simple. I was clear why they shouldn't get judgment against me and was quite assertive about it.

 

2. It helps no-end if you know what you're talking about - I even did a print-out of the relevant bits to hand to the judge.

 

3. I went in determined that they were not going to walk all over me .... so I went all out to win.

 

If you think something they're saying is incorrect, say so. It helped me to remain calm and polite to the judge and I think that really helped my case.

 

Fire away if you have any questions or comments.

 

111253, I'll get back to you shortly, I need to read what's been happening with you...

 

Bug.

[Bug]

I could have just let the hearing go ahead but I decided to try and have a go back. The form was just a general application form (post #283),

 

Sorry, forgot to say, that was an application to strike out the claim..

[Bug]

Anything anyone has that I can use to get prepared for when (if) the court write to me with a date would be much appreciated.

 

....I've posted on your thread, 111253. I'm not much practical help I'm afraid but I might be able to help with encouragement

[tinkerbell20]

wow

[conar686]

Got a response from M arlins to my narf orf letter.

 

Some statements

 

• LoP act allowing them to process my data - is this correct?
  
• A recent High court case allowed that once an agreement has been terminated, the obligation to provide a copy under the CCA ceases to apply. Anyone know of such case law?
  
• Any CCJ is assigned to them under the LoP - is this correct?
  

Other than that it was the usual bluster and I've asked them to prove their statements or return it to HFC.

[Curlyben]

What total Bovine Excrement !!!

 

I would love to see exactly where in LoP and CCA it says these things !

[111253]

Total Junk. they must have a harddrive somewhere what puts out random answers they hope will fool us. I think there is enough expertise here on CAG to dipense with any idea that they are correct.