marlin/mortimer claimform - YB Credit Card

[Guest unicorn4321]

Hi not sure if this is the right place for this but never done this before so appologies if i'm wrong:confused:

don't know were to start i had a credit card from Yorkshire Bank with a credit limit of £7000 .

 

Got in arrears on 25/2/08 owed £7085.83.

On 17/3/08 it was £7220.02.

On 24/4/08 it was £7355.06.

On the 17/6/08 it went to £7586.99 and stayed that way untill 29/6/10.

 

I then got a county court summons from Marlins solicitors Mortimer Clarke who have added £1370.23 intrest +court fee and solicitors costs its now £9247.22 is this right.

 

Apparently yb assigned the debt to marlin europe 1 ltd (me1)on 18/9/09.

 

I received a letter on 20/11/09.me1 apointed marlin financial as a managing agent but debt managers ltd will continue to manage the account?

 

On the 1/12/09 received a letter from dml offerring fantastic discount yeh :wink:

 

Had phone calls ignored them.got a letter from mf 29/3/10

 

Then got call from mc stupidly answered gave my details as i had had a car accident and thought these were part of that.

 

Received ccc on 2/7/10.i don't dispute that i owe the 7k but is'nt the intrest a little high.

I also received a letter from mf stating they were the new creditor and giving a new account number wouldn't i have to sign some sort of agreement for that?

 

what i would like to know is there any chance of contesting this if so were / how would i start any help would be appreciated thank you

ps fantastic and very informative site although i struggle to understand some of it

Edited July 9, 2010 by unicorn4321
advised by a member

[wycombe]

This meant in the best possible way.

 

It would help if your posting was set out in a more 'eye friendly' way. A new paragraph for each point made for example. It is then much more likely that Cagers will read your thread instead of passing it by.

 

What did you do when you received the County Court Summons?

 

Have you acknowledged it yet?

[42man]

Was there any PPI on the card ?

[Guest unicorn4321]

hi wycombe

thanks for your reply i will try and edit my post,

I received the summons last friday its dated 29/6/2010 and i havent acknowledged it yet.

I have sent for a cca this morning by registed post

[Guest unicorn4321]

hi 42man

no there wasn't any ppi on the card

[wycombe]

First thing to do is have a read through this thread:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

Then you will need to acknowledge the Summons. IMHO it is best to defend all. You can change your mind later if you wish.

 

Then you will need to get copies of the documents the claimant is going to rely on in court. You will need to get a CPR 31.14 request ready and send it to the solicitors who issued the claim against you. There are plenty of templates about for this but if you can't locate one I'll link to one for you. Do this ASAP!!

 

To the original creditor you will need to send a SAR - this will cost you £10 - but IMO well worth it as it should provide copies of all information relating to the account.

 

It is recommended you do not sign these with your normal signature as legend has it some DCA's are not above a spot of forgery or manipulation of information!! Best to be safe than sorry!

 

No doubt others will be along with advice and help as well.

 

By the way - well done with the re-format of the original post. Its now much easier to read and follow:-).

[Guest unicorn4321]

thanks wycombe

will read that tonite.

do i have to pay for a CPR 31.14 and do i have to send this and the sar by registed post .

thanks

[wycombe]

thanks wycombe

will read that tonite.

do i have to pay for a CPR 31.14 and do i have to send this and the sar by registed post .

thanks

 

No you do not pay for the CPR 31.14 - Try to get this off ASAP!!

 

It is not necessary and too expensive to send everything by Special Delivery. Use Recorded Delivery. You can check receipt on the Royal Mail web site and print off the delivery details.

[Guest unicorn4321]

cheers wycombe

will send it tomorrow

[Guest unicorn4321]

morning wycombe

sorry to bother you again just 1 question you say send the sar to original creditor,would that be yb or marlin.

yb has assigned all right, title, intrest etc to marlin

await your reply

[wycombe]

SAR to YB

 

The original creditor will have all the details regarding your account up to the point of termination/transfer. When they eventually comply you should have copies of all documentation they hold on you which will include what they have regarding the original agreement, statements, letters sent and received, phonecalls made and received etc.

 

This will prove invaluable to you in cross referencing the documents the current leeches have in their possession, verifying dates etc.

[Guest unicorn4321]

thank you wycombe really appreciate your help

[Guest unicorn4321]

ok sent cca /sar and 31.14 requests off

 

Got a letter back from mortimers saying they believe i may have already "inspected" the documents in the past as they would have been sent by original creditor or there agents.and they challenge the basis and purpose .

 

They would also like to know what docs i have in my possession or controlto avoid duplication and time wasting they will then consider the matter.

 

Can they refuse me on these grounds are not ?

 

Clydsdale return my £10 p o under the terms of the data protection act saying they needed info to satisfy them of my identity as there are anomalies in my statment,s address and on the letter i sent aswell as not being signed so they couldn't supply the info.

 

M name is right so is the no of my house one letter is wrong on my street address,as well as one letter on the second line of my address,the town is right so is the postcode,i also supplied the card no.

 

If they have to satisfy themselves as to who i am how can they summons me?

 

Any help would be greatly appreciated as i have never fought back before and always went for the quiet life.

Edited July 19, 2010 by unicorn4321

[Guest unicorn4321]

ok sent cca /Subject access request and 31.14 requests off

 

Got a letter back from mortimers saying they believe i may have already "inspected" the documents in the past as they would have been sent by original creditor or there agents.and they challenge the basis and purpose .

 

They would also like to know what docs i have in my possession or controlto avoid duplication and time wasting they will then consider the matter.

 

Can they refuse me on these grounds are not ?

 

Clydsdale return my £10 p o under the terms of the data protection act saying they needed info to satisfy them of my identity as there are anomalies in my statment,s address and on the letter i sent aswell as not being signed so they couldn't supply the info.

 

M name is right so is the no of my house one letter is wrong on my street address,as well as one letter on the second line of my address,the town is right so is the postcode,i also supplied the card no.

 

If they have to satisfy themselves as to who i am how can they summons me?

 

Any help would be greatly appreciated as i have never fought back before and always went for the quiet life.

[42man]

How did you word your CPR31.14 ? What were the particulars of the claim (don't be specific).

 

If pertinent then a short letter stating...something along the lines of.

 

Dear Sir / Madam

 

I am in receipt of your letter dated XXXXX

 

I am sure I do not have to remind you of the Civil Procedure Rules. If you fail to respond, I will apply an N244 and request forthwith a strike out of the claim. I expect you to forward these documents in line with the Civil Procedure Rules within the next 7 days.

 

Yours faithfully.

 

--------------------

 

As for the SAR then they can request a signature, but it might be good to send it in with losts of lines through it so it can't be 'lifted'

[42man]

Make sure you send everything recorded / guaranteed delivery...

[Guest unicorn4321]

Hj 42man

this is the 31.14 letter i sent and the poc

hope this helps

[

[Guest unicorn4321]

Hi 42man hope this is better

 

http://i859.photobucket.com/albums/ab157/unicorn4321/mortimerrefusal-1.jpg

 

 

http://i859.photobucket.com/albums/ab157/unicorn4321/cccform.jpg

 

many thanks

[Guest unicorn4321]

just noticed while doing a reply to mortimers the date on their letter is 13/07/2010.

 

i received this on the 17/07/2010 no postmark.

 

In the same post was the reply from the bank dated 16/07/2010 .

[bazaar]

Well, IMHO, you do not have to tell them what you have in regards documents, because you are requesting from them proof that their claim is in order, so tell them nothing.

Maybe a letter back which, refutes their assumptions and clearly states that their obligation to supply the requested documents is still standing.

Remind them of the documents you require specifically.

And finally, that their letter, which is clearly drafted to frustrate proceedings will be sent to court.

And If they still refuse, you will seek disclosure by court order.

 

So in light of them not having the requested documentation, they should consider withdrawing the claim to avoid any more wasted time

[Guest unicorn4321]

thanks bazar will draw up a letter tonite

[Guest unicorn4321]

ok really fed up and angry now.

 

sent a cca request or to mortimers on the 09/07/10 got a reply today they have sent my po back reason given "no payee stated on po preventing the same from being banked", the po is crossed.

 

Tracked po it was delivered 12/7/10,their letter is dated 14/07/10 since when does it take 8 days to deliver .

 

Phoned post office who have informed me anyone can cash it, i know they are stalling,how can i get them to send me what i require.

 

any advise would be welcome thanks in advance.

[42man]

As long as you can demonstrate that you have sent it you have made MORE than a reasonable attempt to send it. The problem is theirs not yours.....they are deliberately avoiding their duty.

 

They are committing an offence under CPUTR2008. I would be reporting this to their own body the CSA and also the OFT

 

Misleading actions

 

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

 

(2) A commercial practice satisfies the conditions of this paragraph—

(a) if it contains false information and is therefore untruthful in relation to any of the matters in paragraph (4) or if it or its overall presentation in any way deceives or is likely to deceive the average consumer in relation to any of the matters in that paragraph, even if the information is factually correct; and

(b) it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

(3) A commercial practice satisfies the conditions of this paragraph if—

(a) it concerns any marketing of a product (including comparative advertising) which creates confusion with any products, trade marks, trade names or other distinguishing marks of a competitor; or

(b) it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if—

(i) the trader indicates in a commercial practice that he is bound by that code of conduct, and

(ii) the commitment is firm and capable of being verified and is not aspirational

 

N.B. -

“code owner” means a trader or a body responsible for—

(a)

the formulation and revision of a code of conduct; or

 

(b)

monitoring compliance with the code by those who have undertaken to be bound by it;

 

They are breaking their own governing body's code of conduct......the CSA

 

CSA Code of Practice

Each member shall comply with this Code and any other Guidance issued by the Association from time to time.

All transactions

• Each member shall conduct its business lawfully, comply with all relevant UK legislation and judicial decisions and trade fairly and responsibly.

• Each member shall also comply with the Debt and debt collection Guidance as published by the Office of Fair Trading from time to time.

• Each member shall act reasonably and with integrity in the day-to-day conduct of its business.

For example:

• Provide adequate training for members of its staff, bringing to their attention the principles of this Code and requiring them to carry out their duties in accordance with it. Also, ensure continuous and appropriate training of staff in respect of current legislation and best practice.

• Follow where appropriate any requests conveyed to the members by the Council of the Association from the enforcement authorities.

• Follow where appropriate any guidance notes issued by the Council of the Association.

• Notify the Association of any matters, which might adversely affect the reputation of the industry or of the Association.

Each member shall:

i. Comply with all relevant legislation revisions, updates and amendments. For example:

• The Administration of Justice Act 1970 Section 40

• The Consumer Credit Act 1974 (and regulations thereunder)

• The Sex Discrimination Act 1995

• The Disability Discrimination Act 1995

• The Race Relations Act 1976

• The Data Protection Act 1998

• The Consumer Protection Act 1987

• The Criminal Justice Act 1995

• Unfair Terms in Consumer Contracts Regulations 1994

• Business Names Act 1985

• Companies Act 1985 (as amended 1989)

• Human Rights Act 1998

• Mental Health Act 1983

• Money Laundering & Proceeds of Crime Act 2002

• Debt Arrangement and Attachment Act (Scotland) 2002 and subsequent regulations

This list is not exhaustive.

ii. Use plain English in all communications.

iii. All correspondence must show the full business address, telephone number and email address, where used.

iv. In all contacts by staff or agents, ensure that the member's identity is clearly disclosed.

v. Ensure by continuously examining its debt collection procedures and those of any third parties it employs that they conform to the highest ethical standards.

vi. All members have a duty to ensure that their agents, sub-contractors and subsidiaries comply with the Association's Code and Guidelines.

vii. Comply with all reasonable requests by consumers, clients, or their appointed representatives for information concerning their agreements and accounts.

viii. All members shall ensure that the Association's Code is available on their own websites. They shall further ensure that a copy of the Code is supplied promptly to any debtor on request.

Confidentiality

Members must keep in strict confidence any information supplied by consumers or others, except where disclosure is authorised by the consumer or others or permitted or required by law.

Debt Collection & default guidelines

The following list of guidelines is intended as an indication of procedures to be adopted by members. It is not intended as an exhaustive directive to members.

Moreover the effectiveness of collection techniques and procedures depends on the circumstances applying at the time collection is attempted and so cannot be regulated in an absolute manner. Nevertheless, the Association expects compliance with the guidelines and any member not so complying will have to give a justifiable reason for non-compliance in the event of a complaint being received by the Association.

In attempting to carry out collection in default of payment, members of the Association should:

 

1. Not use oppressive or intrusive collection procedures.
   
2. Not bring unreasonable pressure to bear on the consumer/debtor in default of payment.
   
3. Not act in a manner in pubic intended to embarrass the debtor.
   
4. Be circumspect and discreet when attempting to contact the debtor whether by telephone, or by personal visit, with due regard to the OFT Guidelines.
   
5. Ensure that all attempted contacts with debtors are made at reasonable times and at reasonable intervals.
   
6. Unless instructed otherwise, accept all reasonable offers by debtors to pay by instalments provided acceptable evidence of non-ability to pay is given.
   
7. Unless otherwise instructed by the debtor, not discuss with or disclose to any third parties especially neighbours, relatives, or employers the consumer's indebtedness.
   
8. Not use improper means to obtain the telephone number or address of a debtor. (Improper in this connection would refer to actions in breach of legislation described in paragraph 1) d.i. above or in breach of the Association's Code).
   
9. Not pressurise debtors to sell property or to raise funds by further borrowing.
   
10. Not falsely imply by written or verbal means that criminal proceedings will be brought nor that civil action has been instituted in default of payment nor should members falsely state or imply that a judgment or document of debt (Scotland) has been obtained against the debtor.
    
11. Ensure that collectors who use pseudonyms can be identified within the member's organisation.
    
12. Take all possible steps to verify that the person being pursued is, in fact, the debtor.
    
13. Have due regard to and deal sensitively with individuals where evidence has been given, or is apparent, that the individual is incapacitated by mental or physical disability.
    
14. When dealing with fee charging debt advisory services, follow the Office of Fair Trading Guidelines on debt management.
    
15. Offer maximum co-operation with local consumer advisers or other intermediaries consulted by the consumer/debtor.
    
16. Encourage consumers/debtors in financial difficulties to inform members of their difficulties and then to respond sympathetically and positively on the evidence provided.
    
17. Take into consideration before determining whether to enforce repayment all information supplied in relation to the reason for non payment, which may include The Common Financial Statement, or the consumer/debtor's future ability to repay. If the consumer/debtor has disclosed multiple debt problems, inform them of the availability of advisory services. Provide in all relevant correspondence the name or designation of a specially trained member of staff who may be contacted regarding financial difficulties.
    
18. Where a debt, or the sum owed has been disputed promptly supply information to the debtor in support of the claim. Where no information has been supplied by the creditor promptly obtain the required support, or failing that cease collection activities
    

Conduct regarding clients

Each member shall:

• Safeguard the security of collected monies.

• Account to their clients at least once a month, or as otherwise agreed by their client.

• Inform their clients of the true rates of charges for services rendered.

• Ensure that by prior arrangement clients are able to visit their premises for the purpose of auditing and checking their accounts.

• Conduct its business under a name, title or style which will not confuse or mislead clients, creditors, consumers or members of the public, or which will not imply any association with other organisations or persons, which do not exist.

• Not approach, induce or persuade staff in the employment of a client to join the member's organisation, although nothing in this clause will prohibit the engagement by a member of such an employee where a bona fide application is made.

Complaints

• Each member shall have in place adequate processes to deal with consumer or client complaints, this must contain the following minimum procedure:

i. The management level at which complaints are handled

ii. The time frame in which complaints are handled

iii. The remedy, if the complainant is not satisfied

iv. Complainants must be advised that one of the remedies is referral of the complaint to the Association where appropriate.

• Members shall deal with complaints speedily, responsively, in a user-friendly fashion and at an appropriate management level.

• Members' complaints procedures must be made available to the complainant or his/her advisor on request.

• If a complaint is made to the Association in relation to dealing with a member of the Association, the Association will deal with the complaint in accordance with the published complaints procedure.

The Association

• Each member shall provide to the Council, on request, references and proof of financial solvency.

i. Members who are not required to file annual returns or accounts must provide the Association annually with a Certificate of Solvency based on their last available audited accounts and signed by their Auditor.

ii. Notwithstanding the above, each member shall have their accounts audited by a firm of qualified accountants.

• The Association shall monitor the compliance of members with the Code and shall each year publish a report of the number and types of complaints received.

• Any instance of non-compliance shall be drawn to the attention of the member concerned. In the event of continued non-compliance, or a serious breach, the Disciplinary Committee will take such action as it deems appropriate, including a warning or recommendation of expulsion of the member concerned from membership. In the event of expulsion the Association will send a report to the Office of Fair Trading.

• Membership of the Association entitles the member to display an approved trade association symbol thereby indicating their adherence to this Code of Practice.

• Each member must inform the Association of all Trading Names in use.

[Guest unicorn4321]

hi do the postal orders have to be made payable to anyone or can they be left blank.

 

as both clydsdale and mortimers have refused my requests on these grounds

[Guest unicorn4321]

Hi I have got to file a defence by friday and i need help as to how to do it.

 

I requested cca/sar/cpr 31.14 on the 09/07/10 all were refused on the grounds of needing signature/po not signed /want to know what docs i already have.

 

been advised by people on here to resend which i have done.just got to find a suitable template letter for unlawful rescission as my dn dates don't give required remedy time.

 

I have a thread going and have been on the invalid dn notices thread but don't know how to link them together as i have never done this before.

 

Am i right in my assumptions that i have to file an embarrased defense, if so how do i word it correctly,and am i right in asumming i can do this online.

 

At the moment i find this quite daunting and scary and any advise would be very welcome