HSBC **Court Action Issued**

[Having_A_Knightmare]

Malins have sent me the application form with extracts from the CCa 1974 saying its enforcable.

 

Just sent them a letter back basically saying if you think you have a chance take me to Court as this will bew the last letter i send.

 

Will keep you posted.

 

HAK

[Having_A_Knightmare]

Just an update on these Marlin idiots.

 

 

The company Director personally wrote back to me saying the Wison Case is nothing to do with a CC account and case law does not apply.

 

 

I have of course wrote back to him and explained that he is incorrect and also I foud it very strange why a member of the Bar Council is telling fibs.

 

 

 

Will keep you posted.

 

 

 

HAK

[pt2537]

WHAT???????????????????

 

has this person lost all sense of reason?

 

the points of law clarified in Wilson et al covered every thing not just pawn, the jackass

[pt2537]

Have you not thought about taking them to court?

[Having_A_Knightmare]

Paul

 

I not sure how to do the Court thing.

[pt2537]

it would be a declaration under s142(1) of the Act as refered to in wilson

[Having_A_Knightmare]

I had a phone call last week for the FOS.

He says that this is easy resolved and he will enlarge the agreement and post it to me.

 

Anyway I have a recieved a A3 copy that is mre unreadable that the original.

 

He even put in his letter I hope this has resolved the complaint.

 

IDIOTS!!!!!

 

He will be getting a piece of my mind when he gets of his holidays this week!

[N.P]

Hi HAK,

 

I`m going through pretty much the same nonsene with Lloyds as you.

 

What exactly did you put in your complaint to the FOS? I`m in need of complaining to someone but not exactly sure what to put.

 

They sent me an unreadable Application Form which they called a CCA, with their current T`s & C`s, not the originals from 6 years ago. They`re also hassling me with BLS, yet when I disputed the Form they simply came back with this a true copy so we have a right to enforce it.

 

Any idea`s?

 

Regards

 

 

 

N.P

[Having_A_Knightmare]

I just told the FOS that they have sent me an unreadable agreement and I wanted one I could read.

 

Mind you with the reply I got from them its not worth bothering.

 

I am getting to the stage now with creditors if they want to take me to Court do it. At the end of the day if the credit agreement is incorrect they cant enforce it. I have one creditor that I keep saying take m to Court then and to date they have not.

 

HAK

[N.P]

I guess we`ll just have to give the FOS some stick then, for being a load of bums.

 

You`ll have to start a thread, `FOS Don`t Do What The FOS Should Do`

 

 

 

N.P

[Having_A_Knightmare]

FOS have sent there response.

 

They say this is the best copy they can produce because...............

 

They do not have the original agreement just a Microfish thing!!!

 

In my eyes thats as good as no agreement and they are still in default under section 78(1) as the copy is unreadable.

[Helmetfire]

Then tell LloydsTSB to take you to court and see if a judge can read it any better than you can.

 

I am only at the beginning of my complaint to the FOS about LloydsTSB, I am not expecting much to come of it, but hoping that it will cost them some money:D I can see that the only way it will end is either court or wait six years until it becomes statute barred and ignore them in the mean time.

 

btw Lloyds have told me that they don't have my agreement any more but they are still going to enforce the alleged debt...they most recently sent a letter saying that I had 14 days to pay up or they are taking me to court....can't wait;)

[N.P]

Then tell LloydsTSB to take you to court and see if a judge can read it any better than you can.

 

I am only at the beginning of my complaint to the FOS about LloydsTSB, I am not expecting much to come of it, but hoping that it will cost them some money:D I can see that the only way it will end is either court or wait six years until it becomes statute barred and ignore them in the mean time.

 

btw Lloyds have told me that they don't have my agreement any more but they are still going to enforce the alleged debt...they most recently sent a letter saying that I had 14 days to pay up or they are taking me to court....can't wait;)

 

 

I had one of those letters from the idiots, helmet.

 

How old is your account? Was it for a Credit Card or Loan?

 

 

 

N.P

[Goldlady]

LTSB have been doing that to me for about 18 months. I get a letter at least once a week threatening court action, bailiffs and who knows what else. But they have already confirmed that they haven't got a copy of my agreement so I am just filing their letters. Sometimes I reply, mostly I don't. Can't believe they are still pursuing it.....

[Having_A_Knightmare]

Hi

 

Are the above Marlins in house Solictiors?

[pookeymonkey]

Hi HAK,

 

as far a I know they are. They certainly share the same cowshed in the middle of knowhere (have a look on google earth)!!

 

When I had dealings with them around christmas time there was only 1 registered solicitor working there, I checked on the law society website.

 

I was fortunate that around this time one of their employees made a monumental cockup and sent off a bulk load of claims to Northampton Court mixing up all the names, so I had a mystery codefendant on my claim papers, the court official confirmed there were many of these from MC.

 

I very quickly got a notice of discontinuance and never heard from them again!

 

Pookey

[Having_A_Knightmare]

I am currently paying a £5 a month and ther is no pressure.

 

I am going to get some others out of the way then stop paying.

 

At least I know they do not have the original

[Having_A_Knightmare]

Just found out there is only 1 solictior in this office (as PM says part of Marlins)

 

The Law Society - Find a solicitor

 

The link above gives his name as well

 

also complaint going to the The Solicitors Regulation Authority (SRA) about his ilegal actions..

[Having_A_Knightmare]

Just found this on the SRA web site.

 

Remember they will no the account is still in default and they should not be threterning me with court action:

 

Suspected dishonesty

 

We do not tolerate dishonesty within the profession. Solicitors are in a position of trust. Personal integrity is central to their role.

If you think a solicitor has been dishonest towards you or a third party, contact us immediately (by emailing or writing to our Fraud and Confidential Intelligence Bureau).

Dishonesty can take many different forms—from misleading a client about a document, to complex frauds. We treat any form of dishonesty seriously, because the risk to clients is grave.

A finding of dishonesty against a solicitor has serious consequences for him or her. Therefore, we must be sure that he or she has been dishonest.

[pookeymonkey]

Hi HAK,

glad to see you found the one and only solicitor at Mortimer Clarke.

 

Nice to see that they have moved to Grafton road together. I was always a bit sceptical as to wether they actually traded from 'The Courtyard', as if you google the postcode there are a lot of other companies registered there as well! The new address doesn't look that much better, mostly a residential street.

 

I must sound like a right nutter but I always research the addresses of any DCA that contacts me, it gives me a bit more confidence when you are essentially dealing with quite small companies that dont always work from such grand surroundings as they may sound. Put up a fight and they soon give in as they dont really have the resources to cope and would rather move on to an easier target.

 

Good luck with your complaint against Mortimer Clarkes only solicitor, that would have been my next move but he shot himself in the foot!

 

Pookey

[Helmetfire]

I had one of those letters from the idiots, helmet.

 

How old is your account? Was it for a Credit Card or Loan?

 

 

 

N.P

It was a credit card N.P. , the account is 12 years old...they said they shouldn't be expected to keep records more than 8 years...bad luck to them then:D Sounds like there are a few of us in the same boat

[N.P]

It was a credit card N.P. , the account is 12 years old...they said they shouldn't be expected to keep records more than 8 years...bad luck to them then:D Sounds like there are a few of us in the same boat

 

 

They have mine, which is now about 6 years old. They sent me a dodgy copy that I couldn`t read, so I`m not sure if they have the original or not.

[Having_A_Knightmare]

NP

 

It looks as if they do not have originals just microfilm copies.

[Having_A_Knightmare]

They have just issued a County Court Claim on me!!!

 

Another battle!!

 

HAK

[pt2537]

Whats the particulars of claim say?