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

[Craftygirl42]

any holes to pick in it and have you managed to find out exactly what documentation they should supply us with re an overdraft....its such a grey area

[Craftygirl42]

Also, am being cynical here but I wonder if, for all the hard work we put into producing things like the disclosure doc's and the witness statements etc, does the judge even READ it??? It makes me feel that they dont... I feel very tempted to put for my witness statement.....

 

"We dont owe it, bog off"

 

Signed....blumminfedup

 

They probably dont, its just another thing for us to stress over, as if we didnt have anything better to do with our time. I am sure if we stepped a foot out of line though, they would be down on us like a ton of bricks unlike bloomin Marlin and probably others who step out of time all the time

[fedupwithdebt2009]

I'm sure one of the mod's will look at it for you, as I'm no expert..(only on marlin;)) Click the red scales if you want them to cast their eye over it. Just replied on my thread as to what doc's they should supply, when they claim its an overdraft. Thats where their clever though cos I dont think overdrafts are covered the same as say a credit card or bank loan......

[MARTIN3030]

Looks ok-Personally I would substitute "Build up to this action"....to ......Background Information.

[Craftygirl42]

Thanks Martin, that does sound better to me too. I used that phrase cos I saw it on another witness statement.

 

If anyone else has any input, it would be much appreciated

[steven4064]

Looks OK to me too although you need to read through carefully as there are typos, etc. For example:

 

Except where otherwise mentioned in this Defence, I neither admit.... (comma, not full stop.)

 

Consumer Credit Agreement 1974 should be Consumer Credit Act1974

[Craftygirl42]

Thank you Steven, I will take that on board and make the changes on the original.

 

Thank you for looking

[The GodMother]

Subbing

[Spamalot]

sub a dub dub:D

[Craftygirl42]

Right, my witness statement was put into the court letterbox over the weekend. Nothing received here from Marlin/MC - surprise, surprise. Got a mediation call this afternoon.

[remus]

Hope it goes well:D

[Craftygirl42]

Thank you Remus. I have decided what I want from it, would be prepared to compromise a bit, but depends on if they are

[Craftygirl42]

I would like to update the thread to say that this case has now been settled via mediation. Just waiting confirmation from the Court that its been stayed.

[111253]

HI Crafty Girl

 

I hope you are happy with your result. Sometimes its sensible to reach a settlement even if you know you will win in court.

I've made a settlement in my two cases with Marlin. IN my case it made sense for both of us.

Marlin knew they could not win the right to enforce in court, and I knew that even if I won in court and they could not enforce, the debt would still remain, even if not enforceable.

I was lucky that a relative helped out and I was able to offer a 10% full and final settlement and removal of defaults (I had corrections on them anyway), and Marlin were able to accept, as its better than the alternative which may have been £1 per month at the most, even in the unlikely event that they won. Sometimes its wiser to yield and win the war than push your advantage to the limit and only win the battle

[Craftygirl42]

Thank you 111253. As this was an overdraft, I felt a bit out of my depth as the info to defend successfully just doesnt seem to be clear. We had been paying via a DMP and whilst its going to take a while to pay off, we are happy with the result and avoided having to go to Court. Still have some more with them in the pipeline, but hopefully by the end of this year, all will be sorted

[citizenB]

Hi CG, just been catching up on this thread. Would you like be to amend the title to include "settled via mediation".

[Craftygirl42]

Yes please, if thats appropriate

[citizenB]

Yes please, if thats appropriate

 

Mediation doesnt have a very good track record, so if others are able to see that something good can come out of it that is great.

 

Your thread will likely now come up on google or CAG searches.

[MAGDA]

Hi CG, don't know if you still look at this thread, but wanted to ask a question you might be able to help with. I just wondered, when you agreed to settle with Marlin, did it offer them the right to go back to court if you missed a payment and obtain judgement without the need to issue fresh proceedings - I believe there would normally be a consent order and this might be one of the terms.

 

many thanks, Magda

Edited February 20, 2010 by MAGDA

[citizenB]

I have moved this to the success forum as well. As it is a partial success and obviously both sides were content with the compromise.