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    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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court claim Marlin, on behalf of HSBC*** Claim Discontinued***


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I have received letter from a county court As Marlin have made a claim against me on behalf of HSBC for £4,500.

 

Before I respond I would like to get the details and

ideally I would send an sar

but I feel this may take longer than the 14 days

(or infact 9 days from yesterday when I received the letter)

 

So my question is,

 

is there any way I can get the information quicker?

 

I would like to know that they have followed the rules in pursuing this

and I would like to see a copy of the agreement I have signed for example.

 

Any help/advice will be much appreciated.

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Type out particulars of claim [minus personal identifiers] so we know what to advise

CPR 31.14 to Marlin or whoever initiated claim - Mortimer

Clark?

SAR to OC as you said.

Did you receive default notice?

Letter of assignment [assuming sold to Marlin]?

Give us a brief timeline - bullet points of key dates and events since start of credit agreement.

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ack the claim after registering with MCOL

 

click defend all

don't tick jurist

 

you have 33 days including the date on the claimform [day 1]

to send your defence

plenty of time

 

what type of debt was this

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If you read here and post the information required.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.

 

Regards

 

Andy

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Thanks for your responses. Here is all the info i thin you are asking for.

 

  • Date of issue 10/03/14
  • the claim is for an unpaid loan
  • the value is £4,527.21 + £85.00 court fee + £80.00 solicitor fee
  • original agreement was entered 31/05/2007 with HSBC
  • the claim has been made by Marlin.
  • i have recieved phone calls from them but they wouldn't tell me what for unless i answered their 'security questions'
  • i haven't recieve a notice of assignment
  • i haven't recieved a dfault notice
  • i haven't recieved any notice of dfault sums
  • i ceased payment due to issues in my personal life causing financial difficulties
  • i made HSBC aware that i would struggle to continue the payments and asked if they could help me in any way. They offered no help and only suggested that i pay what i can afford but that the account would still eventually go into default.

 

If I've missed anything please let me know.

 

All I have done so far is register with MCOL. I'm not sure what to do next? Please feel free to think of me like a complete numpty as when it comes to these things that's exactly what I am!

 

many thanks

 

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Also could anybody let me know,

 

if I do contest this and I lose what will it mean?

 

Obviously it will mean I have to pay but will this then be a CCJ?

 

Or will it just mean i have to pay the full amount straight away?

 

The worst thing that could happen to me is that i would have a CCJ on my credit record

as me and my partner hope to get a mortgage in three years time.

 

It would break her heart if i had to tell her it would now be more like six.

 

cheers

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can I just check something

 

this wasn't a 'managed loan' was it

debt consolidation with them?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok

 

send marlins a CCA request

 

and a CPR 31:14 from the legal section of the library tab green top left.

 

do NOT sign the letters.

 

yes do an SAR to HSBC - sign the letter.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok I'm writing Up a SAR, CCA and CPR 31:14 tonight.

 

Do I need to do anything on MCOL yet?

 

Or should I wait?

 

Also as I asked earlier,

 

if I was to contest and lose,

 

would it mean I'd have a judgement against me that would show on my credit record?

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you should not be delaying these docs requests!!

 

every day is very precious!!

 

you only have 33 days to file a defence

 

get that MCOL done too.

 

IF you lose [fat chance]

 

unless you pay the full amount of the judgement within 28days

the CCJ will be on your file for 6yrs regardless of what you do after 28days.

 

a payment arrangement will be set by the judge but that's miles away!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok thanks again, so I will log on to the MCOL and click defend all (not jurist) I will send all the suggested docs requests ASAP.

 

Also if I lose I will still be able to pay the full amount without a ccj being issued?

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A CCJ would be issued if you lose. However, if it is settled fully within (IIRC) 28 days, you can apply to the court to have it removed.

 

If you pay after this time, the CCJ remains although you can request that it is marked as paid, but it would remain on your credit file for the 6 years.

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Taken from this page (https://www.gov.uk/county-court-judgments-ccj-for-debt),

 

"Records of judgments are kept for 6 years unless you pay the full amount within a month - this can make it hard to get credit."

 

From what I remember though, if you do pay within the month, you have to apply to have the CCJ removed from your credit file, it's not taken off automatically.

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its not registered for a month

you have 28days to settle the CCJ then its get put on the public register.

[if you don't settle the judgement]

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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opps try this

 

all judgments are registered automatically....if you settle within 1 month its removed auto.... if you settle after its marked as satisfied but remains for 6 yearsp

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok so i've sent off a CCA today and was about to send a CPR when i realised that all documents i have asked for aren't on the particulars of the claim. i have asked for the termination notice and also a statement of account. will it hurt to leave these in? or would i be better off removing them?

 

Also i have sent the CCA to Marlin and i've come over all paranoid and thought maybe i should've sent it to Shoosmiths? (the solicitors Marlin are using)

 

thanks in advance for any help.

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I'm on the understanding that with the CPR31.14 you can only request the documents that are mentioned in the Particulars of Claim (POC) but someone may correct me on that.

 

When I sent my CPR off the other week I only asked for the documents that were mentioned.

 

Again, someone may correct me if I'm wrong, but the CCA goes to the claimaint (Ie. Marlin) and the CPR to their solicitors. Mine wern't using a solicitor so I ended up sending both to the claimaint.

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I did ask at outset who solicitors were since Marlin do not generally issue claims themselves.

CPR is for documents specified *or implied* in POC:

eg for an agreement to be defaulted

a DN should have been produced,

so can be requested, whether specifically mentioned or not.

 

It matters not really that you have sent the CCA request to Marlin,

though it is worth mentioning the fact to Shoosmiths.

In any case, the CPR request will also include your wishing to see the CCA document.

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