Thanx, I know this site is BRILL!!!!!!!! I only wish I'd found it 5 years ago...then I mite have been able to fight a few more CCJ's and a charging order from lovely Link financial!!!! Fedup x

Can i just ask...what or how would you word your reason for disputing the claim...bearing in mind what info you have...you can PM me an answer if you dont mind Thanks again

Well I requested it in 2007, and it was to the then solicitors C&G, working for MCS, working for HSBC:confused: They ignored it like I said, and sent us a £1 cheque back...which I kept....along with the letter C&G sent, saying we had asked for a refund. Lucky for me I sent it recorded delivery so I have proof...

Once we have submitted that we are going to dispute this claim, will it be transfered to our local county court or will we have to ask for it to be moved here?? Thanks again

I bet thats what they have done, thats brill thanks for that.

Hi I tried to send a bit of further info, that could identify us, to you in pm but only managed to send it to 111253.....

Thankyou both very much!!! Can I send you some info in a PM? I dont want to say on here what I have got as proof of what this debt was. I will send letter monday and file responce monday, thankyou once again

Mortimer clark are the solicitors. yes we are disputing that. I have proof of what it is, and its not an over draft. They are sayiong this because they are in default of my cca request in 2007 and they dont have anything to back up what they are claiming. We did get a letter from HSBC saying it had been sold on in 2007. We had been paying an amount each month off this debt untill I asked for a CCA and they defaulted, since then I have withheld payment and it got sold on. Nothing from Pheonix though. Just to add I have proof of us paying etc

OK, sorry It says:- An agreement was made in writing between HSBC and us dated 01/09/1997 where HSBC agreed to provide us with a current account facility upon the terms and conditions applied with in the agreement.The defendent has withdrawn monies from the said account such that the overdrawn balance exceeds the limit and has remained in such a position dispite requests by HSBC to remedy this. The agreement was terminated by HSBC. it was assigned to the claiment on 05/10/2007 It then goes into detail as to the amount claimed.

Hi sorry if its a bit misleading, my brains fried!!!!!!!! Ok, we have had a claim form today from a County court dated yesterday, saying that Pheonix are claiming the sum of £7500, £4K of it for an overdraft from 1997, and the remainder is interest they have added. We have 14 days to respond. Its a personal loan not an overdraft. I have proof of that. Once again sorry for confusion

I did warn them that the debt was in dispute as I have proof that I requested a copy of the CCA and they ( the previous collectors) sent us the £1 fee back. I know what the debt is for and I have proof, so lets just say I'm not surprised they say its an overdraft when its clearly not....cos they cannot produce a valid CCA

Hi, it says that we had a current account with HSBC, (IN 1997,it was a subsiduary of theirs, not HSBC) and that we had taken £4K overdraft,(not true) withdrawn the funds(not true) and then HSBC terminated account and that Marlin/Pheonix took over the debt in 2007. Therefore they claim the £4K "overdraft" plus interest....total £7500.

wow frettful, I cant beklieve you had to pay that much back!!!! This "alledged" debt was around £4K, now they want £7500 on CCJ. I havw also been through other stuff, and have had charging order before, so i know how it works....thats why this time we are going all the way, and if I need a solicitor then I will get one, it will be worth it.

Thanx frettful, we (its in both our names) are not going to stand back and let them put this onto our house, which is what they said they were going to do.

Hi thanx for reply, when you say "not given the opportunity to defend this" do you mean at court?? We only recieved the summons today, even though they know its in dispute (the account). They are saying its for an overdraft we had in 1997 but its not, and I have proof its not, also they have added nearly £4K on as interest. Do we just fill in the form to dispute the whole thing on these grounds??

Yes sorry its from Northhampton CC.

Would just like to add that I have the letter from the then solicitors C&G saying that we requested a refund of £1 when it was for CCA, and I never cashed the cheque they sent us for £1......so have proof that we asked for CCQA....and none sent!!!

Hi all, please help if you can Just recieved a ccj from said company for a debt from1997. It was first direct, and we have sent relevent CCa request and £1 fee back in 2007 but still no CCa sent to us. I have warned Marlin about the account being in default but they have chose to ignore this and gone for CCJ which has been increased by another £3K!!!!!!! We fully intend to fight this but we need sdome help as to what to do next. They are not going to win, not when they cannot prove the debt..... Please help reallyfedupwithdebt!!!!

Hi just an update....had a letter today from Fenton Cooper saying and I quote:- "We can confirm that we are taking no further action and our file is now closed"

Hiya fox, thanks for reply, am just puttin me coat on to go post the VERY same letter!!!! Although the only thing I've added is a very large and very bold "TAKE NOTICE" at the top of the letter......I'm sick to death of DCA's sending out letters that they do their best to make look like a legal letter from a county court !!!!..........it will probably scare thye pants off anyone who is not a member on here fedup

Any one???

Hi this debt has now been passed on to Fenton Cooper has anyone any idea who they are?? Thanx

Am I THAT predictable?? Ok thanx to you foxy I am feeling better now, I will get that sorted. I cant remember exactly when I sent CCA request but I saved the recorded delivery reciept from the post office so will dig that out, should have date on that. Once again thanx notsofedupnow

Ok is that letter in the templates?

Thanx, well they gave me till today to produce income and expenditure but as some silly fool (and I use that term loosely) crashed into the back of my car the other morning I have not had chance to do that yet. In your humble opinion what should I do next, send that letter??, or wait till they threaten me again? reallyfedup:|