Marlin claimform - HSBC OD debt ****SETTLED VIA MEDIATION****

[Craftygirl42]

Please can someone tell me what I should do

 

Thank you

[MARTIN3030]

Pre action protocols require them to give you anything that allows you to have equal and fair footing to prepare any defence-should they be threatening or proposing legal action.Tell them that should they commence proceedings-you will be making the court aware of this.

[MARTIN3030]

Pre action protocols are considered a very important part of the process-this gives you an opportunity to request documents that will be essential for determination and also to properly allow you to prepare your case.

Send it off as soon as the other side tell you Court is being considered/actioned.

 

Delete anything that does not apply and add anything you think does.

 

 

 

 

 

 

 

Their address

 

 

date ****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have beed duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

[Craftygirl42]

Thank you Martin. Just to confirm, do I send that to Marlin and not HSBC. I am sure this Overdraft is probably made up largely of charges.

 

Also do I need to send the £10 postal order, or is it free cos they are threatening Court action.

 

Thanks again

[MARTIN3030]

Marlin are threatening so send to them-Its their responsibility to get what you request.In fact if the account has been assigned to them then they should have this information already.Only a 1.00 postal order is required for the CCA.

Its not a subject access request-its putting them on notice.

[Craftygirl42]

Thank you Martin. I had already printed this off to Marlin and will send 1st class recorded tomorrow, so they will receive before the 30th. Will report back when and if I hear anything.

 

Thanks again for your help

[MARTIN3030]

Good Good:)

[zamtaff]

Thank you 42man for you posting. the letter i have is from marlin financial services ltd. yes same address. but the letter does not state its a tarding name of marlin europe 1 ltd and the CCL enter does not list marlin financial services ltd. so as far as the OFT are concerned this is a different company please correct me if wrong

[Craftygirl42]

Right, we have now received a court summons via northampton, dated yesterday. I checked the recorded delivery slip and they received the letter suggested by Martin 3030 on the 29th.

 

I was scared stiff when get the court summons and went into a panic as couldnt get on this site. I need support and help to sort this out please.

 

Can anyone tell me what to do next.

 

Edited to add that this is for an overdraft

[reallymadwoman]

Acknowledge service immediately. You can do that online with the password on the paperwork. State that you will be defending in full.

 

This will give you, I think, 28 days to enter a defence etc, and I'm sure that someone with more experience will be along soon to guide you through the next steps.

 

Above all, don't panic (which I know is easy for me to say) as with the help of this site, you can deal with this. I'm just going to go back and read the rest of your thread, and I might be able to give some more suggestions soon.

[reallymadwoman]

Having reread your thread, I believe that the debt is in relation to an overdraft. There are bound to be some unlawful charges in there to reclaim even if you can't dispute the whole lot, and because of the test case any mention of unlawful charges is likely to get the whole claim stayed anyway, so there's very little danger of charging orders or anything else in the immediate future.

 

As you've already sent the request for documents, I don't think you can actually do anything else until you either get a reply or their time limit to respond is up. Don't forget to acknowledge service though!

[Craftygirl42]

Thank you ReallyMadWoman. I will do as you have suggested. I did think this myself, but you know how it is, you panic if not used to dealing with this.

 

Tried to add to your reputation, but as did it recently, cant at the moment.

 

Thanks again for your help

[reallymadwoman]

You're welcome.

I probably won't have internet access for most of this month (I'm supposed to be resting!) but I notice you've had plenty of help from others so it shouldn't be a problem.

Put a big ring around the date your defence needs to be in, and have a read around the forum for defences that you can amend to suit, which may need to be an 'embarrassed' defence if you don't get a reply to your request for details.

One thing that would help is if you type up the 'particulars of claim' minus any personal details.

[Craftygirl42]

Particulars of Claim

 

By an agreement made in writing between **Bank and the Defendant dated **, (Bank) agreed to provide the defendant with a current account facility upon the terms and conditions set out therein (the Agreement). The defendant has withdrawn monies from the said account such that the overdrawn balance exceeds the agreed overdraft limit and has remained in such an overdrawn position despite requests by (bank) to remedy this. The agreement was terminiated by (bank). The debt was assigned to the claimant on ***

 

The claimant therefore claims

 

1 £xxxx

2. Interest at the rate persuant to the agreement namely £x.xx and continuing until judgement or soom payment at the daily rate of x.xx or in the alternative interest persuant to section 69 of the County Courts act 1984. Also interest at the rate persuant to the agreement from the judgement date until payment

 

Interestingly I have noticed that I was added to the account way after the date specified.....does this make a difference?

 

Also as I type this they say they were assigned this in July, but Marlin have been dealing with since last year, although pheonix was calling itself Tessera or something like that and now Sarl-potomac.

 

Are these particulars ok. Would have thought that the court would freeze the interest or we will never ever be paying this off. Have been paying them a nominal amount via a DMP since they took it over.

[Craftygirl42]

I have done the acknowlegment online and will sit and wait for the 14 days to be up from sending the CPR thing. I have been reading up other threads regarding Overdrafts and CCJ's but would like some help when I have to do the defense please.

[Craftygirl42]

Would this thread be better off in legal issues now its subject to a CCJ. If so, could someone move it please

[42man]

Hi CG42....moving to the legal issues forum for you...

[Craftygirl42]

Thank you 42man, was a bit worried I might sort of get lost when its time to fill in my defense, am worrying about it all a bit.

[B3rty]

If this is for an overdraft have you checked that they have quoted the right account number as they bought a whole load of HSBC debt where the numbers were wrong..

[Craftygirl42]

B3arty, I cant find an account number on the court form at all. Am I missing something, is there a particular place it would be

[B3rty]

Is this an HSBC account?

[Craftygirl42]

Yes B3arty, its an HSBC overdraft. Is there something I should be doing

[B3rty]

When HSBC transfer an account to Metropolitan for their in house collections they create a new account number which Metropolitan use to collect on...its something to do with their systems.....HSBC sold a tranch of these debts under the Metropolitan account numbers not the original account numbers.

 

So you need to check the Pheonix/Marlin hello letter to see the account number they quoted against the origional account...if they are not the same then you need to S.A.R - (Subject Access Request) HSBC, they will send you copies of the statements, the last one will show the account being cleared by a payment into it and a nil balance...

[Craftygirl42]

I dont think this particular account was ever handled by Metropolitan. The credit cards were and marlin have already admitted they dont have CCA agreements.

 

I did sent Marlin the Civil recoveries letter as Martin3030 suggested when I received the pay up or we will CCJ letter from Marlin. That was received by them 8 days ago and nothing other than the actual claim via Northampton

[B3rty]

Have you checked the account details are correct?