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

[MARTIN3030]

This is ok,in one respect its exhaustive to address your points,but more importantly shows the other side that you are fighting-and fighting using the correct submissions.

Helps maintain the upper hand -although if they are defenceless to address it themselves,then it serves its purpose.(As has been pointed out-its protocols)

Get it off I think !!

[Craftygirl42]

ok, will do. At the end of the day it cant do any harm, can it.

 

One last thing, We have to sign it dont we, whilst Marlin dont have a CCA to provide for this account, Marlin are chasing other debts that do come under the CCA, just a bit worried that they will then have our signature, and they have admitted they dont have the agreements. I know we send this to Court, but the Court will then send them a copy, wont they.

 

Thanks

[MARTIN3030]

Its a formality yes-statement of truth.

Just a squiggle will do,deal with the issues of them trying to benefit - later.

If they try it.

[Craftygirl42]

Just a couple more points.

 

Both hubby and I are the defendants, its the same claim Number, but we had different MCOL passwords. I am sending this in the post, do we need to send two defences or just the one, stating both our names and signed by both of us.

 

The other point is as its an overdraft, am I counterclaiming on the defence form or leave that bit blank. Obviously I dont know how much is charges cos they havent supplied me with statements etc.

 

Many thanks

[42man]

I'm not sure of the answers here CG....again it might be worth waiting for somebody else to contribute.....

[MARTIN3030]

If its the same claim number then its one case.

The defence therefore is a jointly signed one, in which you both agree to.

Therefore both to sign.

Just a case of inserting "We" or the "Defendants" in the relevant parts of your submission.

 

On the other point you could add a note to the following effect;

 

In the absence of the Claimant supplying the defendants with transactional information for the account,The defendants are unable to specify the true amount of charges, that would almost certainly qualify the defendant, to counterclaim for recovery of those charges unlawfully applied to the account.

Edited November 26, 2008 by MARTIN3030

[Craftygirl42]

I assume I should put that in my defence and not on the Court form

 

Thanks

[MARTIN3030]

Yes absolutely.

[Craftygirl42]

Thanks Martin and 42man for all your help with this. I will be printing this off tonight and posting tomorrow, so hopefully will get a bit of leeway over xmas and wont have to worry about this until after then.

 

Thanks again

[FANTASY CHARGES]

I have today received a letter from Marlin saying

 

We give you notive that on 18 July 2008 Pheonix Recoveries (UK) Limited S.a.r.l, acting in the name and on behalf of its Compartoment 'Potomac Recoveries' by an assigment acquired all rights, in, to and under your above account and become the creditor to whom you owe the current outstanding balance of £XXXX

 

Marlin Financial remains insructed to adminisiter your account and any legal action already taken against you will be continued in the name of the creditor. You should contact Marlin immediately so that we can agree payment terms with you.

 

 

It also goes on to say the usual drivel about the data protection act and not to ignore this letter.

 

I CCA'd Marlin in April, I think it was, but definately around that time (have all the copies) and never heard anything back. We have still been paying through our DMP, but just wanted the constant calls and threats of a CO so CCA'd them.

 

The question is, do I ignore this and see what happens, did think at first that they had found the CCA.

 

Help please, we are continuing to make affordable payments and will do so for the forseeable future

========================

 

OK WE have read most of this thread yes a bit late to comment but on post 1 on this thread the assignment says

 

 

"acquired all rights"....... not all rights and duties

 

for clarification on the blue claim form who is the actual claimant ???

 

apologies if it has been stated elsewhwere who the claimant is

[MARTIN3030]

Pm sent

[Craftygirl42]

========================

 

OK WE have read most of this thread yes a bit late to comment but on post 1 on this thread the assignment says

 

 

"acquired all rights"....... not all rights and duties

 

for clarification on the blue claim form who is the actual claimant ???

 

apologies if it has been stated elsewhwere who the claimant is

 

The claimant is Pheonix. Does this make a difference and I havent received a pm from Martin, assuming you have send it to Fantasy Charges.

 

Getting me more confused here

[FANTASY CHARGES]

don't worry crafty the pm was for FC

[Craftygirl42]

So please could you explain to me what you meant by the rights and duties and how it would possibly affect my case in your opinion.

 

Thanks

[Craftygirl42]

What usually happens now, we are heading towards the time that Marlin had to deal with our defence and the letter from the court said they would perhaps try to contact to sort out the dispute. Do they usually contact us or will they just go straight for the next stage with the Court.

 

Can anyone tell me what to expect now

 

Thanks

[Craftygirl42]

I have just rang Northampton and this case has been stayed.

 

Thanks to those who helped with my defence.

 

Now I have seen on here about getting a case struck out - is there any advantage to this.

 

Also I have been paying Marlin a nominal amount for this and other debts (they havent provided CCA's for the other debts and these have gone no further). Should I now stop as the extra cash would be good, or do you think I may be opening a can of worms.

 

Also if I continue paying on the overdraft thats been stayed and also 2 credit cards that we have, there would be charges to reclaim on these. Also they appear to be adding interest as our balances have gone up and not down since they took on the accounts.

 

Any advice or suggestions for me to mull over on where to go from here would be appreciated. Was thinking should I SARS them or would it not be worth it.

 

Many thanks

[Craftygirl42]

Today we have received a N149, can anyone help bearing in mind this is an overdraft.

 

Thanks

[MARTIN3030]

Looking at.

The N149 is usual at this stage.So dont worry-its just formality.

[Craftygirl42]

Can you tell me how to complete it please Martin.

 

The one I am having a problem with are

 

Would I like the mediation Service to help out

 

Other information

 

And the Fee part

 

Thanks

Edited January 21, 2009 by Craftygirl42

[42man]

Hi CG....i'm not an expert on these but have a look at these, they should help

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159341-court-papers-received-what-6.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/158235-help-allocation-questionaire-soon-2.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

[MARTIN3030]

Would you like the mediation service to help out ?

 

This again is formality-for those who maybe would have a possibility to resolve.

In your case NOT !

 

Other information-see guidance from the links 42 man gave

 

Fees-Have to be paid....if you qualify then you can get remission by filling out the form Ex160

 

A must is in making certain the form is returned within the timescale.

[ScabHunter]

I would suggest the answers here are the correct ones -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/170673-bryan-carter-ccj-can-4.html#post1900657

 

See next post for the other parts of the AQ.

 

SH

[ScabHunter]

Below is a copy of a post from another thread, which basically gives you what you need to fill in your own AQ. The only difference is that your Particulars of Claim mentioned an agreement, a termination notice, and a notice af assignment, albeit indirectly. No default notice, though, strangely enough.

 

The need for a compliant default notice was mentioned in the defence which you submitted, which was an excellent defence, so there is nothing to worry about.

 

Any parts I have added for your case are in red.

 

 

Right, here is what I have managed to come up with.

 

Firstly, on the AQ form itself, section G, put the following -

 

Please find the following attached to this allocation questionnaire;

 

1) Section G - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the claimant on **/**/2008

 

The date will be the date on which you intend to send a copy of the AQ to Carter. Then, on a separate piece of paper, print this -

In the ************* County Court

Claim number **********

 

 

 

 

 

Between

 

************* - Claimant

and

 

 

xxxxxxxxxx - Defendant

 

 

 

 

Draft Order for Directions

The Claimant shall within 14 days of service of this order file and serve the following:

• Copies of the Credit Agreement referred to in the Particulars of Claim, and any documents referred to within it which complies with the Consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
  
  
• A copy of the Notice of Assignment necessary to prove the claimant's right to collect on the alleged account.
  
• A copy of the Notice of Termination referred to in the Particulars of Claim, and any Default Notice which preceded it
  
  
• Copies of all statements for the duration of the alleged agreement, used to establish a balance on the alleged account
   
  
  
• Copies of any other document to be relied upon
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant
  

And, on another sheet of paper, print this -

 

XXXXXXXXXX -v- XXXXXXX

Claim No: xxxxxxxxx

 

 

N149 Allocation Questionnaire

 

 

Section G - other information

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

 

1. On xx/xx/xxxx I forwarded a request for information pursuant to the Civil Procedure Rules Part 31.14, for a copy of the agreement mentioned in the Particulars of Claim. Despite the fact that Civil Procedure Rules Part 31.15 insists that the claimant furnishes this document within seven days, my legitimate request was completely ignored.

 

2. On xx/xx/xxxx I forwarded a request for information pursuant to the Civil Procedure Rules Part 18, inculding 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, and copies of statements for the entire duration of the alleged agreement.

 

NOTE : Paragraphs 1 and 2 will need replacing here, with a reference to the CPR letter which you did send out.

 

These documents are necessary to demonstrate whether or not the defendant has ever entered into the alleged agreement referred to in the Particulars of Claim, whether or not the claimant is a valid assignee of any alleged debt, and whether or not a compliant default notice was issued on the alleged account prior to termination.

These documents are also necessary to establish the balance on the said account, to establish the percentage of the balance caused by unfair terms under the Unfair Terms in Consumer Contracts Regulations 1999 and therefore not binding on the defendant, and to establish whether or not the defendant is indeed indebted to the claimant to any degree. My legitimate request for this necessary information was ignored.

 

Its is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further.

 

Attach these two pieces of paper to the claim form, after you have made the necessary copies. Send the AQ to the court properly signed and dated, and an unsigned copy to Carter, also with the attached letters. Carter's copy need only be sent through the normal second class post.

 

 

Of course you need to replace "Carter" with your own bunch of goons. Everything relating to the unfair charges can simply be kept in as is.

 

SH

[Craftygirl42]

Thank you so much SH, appreciate your help with this. I did think that Direction would apply to us, but just needed some back up with it.

 

Will get this sorted over the weekend and send to them towards the end of next week as it needs to be in by the 2nd Feb

Edited January 23, 2009 by Craftygirl42

[elliesnan]

Hi Craftygirl first time l've looked at your thread Chin up your doing ok. Ours is still stayed at the moment.