SOOOO GOOD TO SEE YOU BACK RICHARD, MISSED YOU! AS ANDREW 1 (SARAH) HAS SAID YOUR KNOWLEDGE AND EMPATHY MAKES CAG THE BEST PLACE TO BE

Thanks 42man, will send the short defence to get the ball rolling.

Hi Nothing back from LTSB, getting a bit concerned as time is getting on for putting a defence together. Would I be able to ask for an extension as i have not received a response to cpr 18? Any help please

Hi Chris, voice of reason;) just rang the court, nothing from Phoenix/Marlin and their 7 days are up.

the posts I refer to which are being cagbotted are between 48 and 68

Hi Car, the reason the Judge struck it out pursuant to CPR 3.3(4) is the poc (post 48) and the content of Mortimer Clarkes letter to me, copied to court (post 68) was totally inconsistent. When I received the letter I thought exactly the same and didnt bother replying, just sent my AQ. They still have 7 days to set aside vary or stay. the only response to my cpr18 was the letter they copied to court, with my current account statements, which asked me if I wanted to continue my defence as it was. They have merged a loan into a current account (as they seem to have done with a lot of people) and then saying current accounts are not covered by the cca. light bulb moment, have they done this so it doesnt go to court???? have they realised I mean buisness and would have gone all the way, revealing what under hand tricks they are using? Are they really that stupid? or not?

Hi All, Can you tell me what CPR 3.3(4) covers? (OK I have looked it up, and it is the Courts own initiative without either party being present). Claim is struck out as being an abuse of process:p:D Their POC and a letter sent to me and copy to the court being totally inconsistent:eek: What do I need to do now? What implication has it on my 'relationship' with Marlin/Phoenix etc etc and how should I go forward? Not forgetting Marlin have defaulted me on this account and I have a stayed claim for charges with HSBC started in april 2007, (same court and I did mention it on the AQ:rolleyes:). Can't wipe the smile from my face!:D

LOL, thank you both, will do:D

Hi all, have been paying off monthly, a debt from Elephant insurance which they passed to C.A.R.S. An amount of £20 appeared on the total with Cars and when I quered this, they informed me it was because it had been handed over. (I have email confirming this). Now, I have payed off the amount owed to Elephant, which leaves the £20. Cars are now demanding the £20 with menaces:rolleyes: I don't want to do a cca, as they would apply the £1 to their admin charge. what legilisation can I quote to Cars for my refusel to pay? I did not ask Elephant to hand it over, and I do not see that I should have to pay £20 because they do not have the facility to accept reduced payments on a cancelled policy. Any help please:)

address along the bottom as per usual - 16 - 22 grafton road, worthing, west sussex, BN11 1QP. Assume postman will get there quicker with cca requests. And yes I remember that incident, very tragic, not a very nice association:(

Thanks for that HAK, will do.

Hi HAK, you mean online acknowledge, send cpr request and wait and see what comes through?

I received my new Marlin notepaper yesterday;) They now have a Compartment "Potomac Recoveries". So many different names, is it any wonder we are confused:confused:

Question - should the lba notification be clearly obvious that that is what it is, a letter before action? I thought Marlins/Mortimer Clarke had not sent an lba, but have just noticed a letter received from them and under the reference they have put lba 33333. Checking LTSB correspondence.

Thank you for the response 42man NO LBA! Will acknowledge and send request under cpr.

Hi, have received claim from LTSB for a loan. POC 1 By a loan agreement in writing & regulated by the Consumer credit Act 1974, the Claimants agreed to lend monies to the Defendant. 2 The defendant is indebted to the Claimants in the sum of .... in respect of a personal loan numbered... and maintained by the defendant at the Claimants Branch. (This was a staff unsecured loan). 3 In breach of the said agreement, the Defendant failed to make payment and on 2006 the Claimant issued a default notice pursuant to section 87(i) of the Consumer Credit Act 1974. 4 by letter of 2006, from the Claimants to the Defendant the Claimants demanded repayment of the said amount, but the Defendant has failed to repay the said sum or any of it. 5 In the premises, the Defendant is indebted to the Claimants in the sum of ... 6 THE CLAIMANTS THEREFORE CLAIM THE BALANCE DUE UNDER THE LOAN AGREEMENT. I paid a reduced amount when I first left LTSB, then CAB helped with a payment plan on all my debts. LTSB passed the debt to 1st credit, who I complained about to the OFT and the debt was returned to LTSB. I have been paying a token amount each month since. I did receive a letter from SCM sols 3 weeks ago requesting I ring them, but was waiting for BT to fix the line. Could someone advice as to my next step? Do I defend as they claim I have paid nothing, when I have paid each month? From default to date the amount has increased by over £400. Requested cca from 1st credit may 2007, still waiting.

subscribing

Hi SiHz, welcome to CAG:) You have posted in reviews and will get a better response if you go to other institutions and start a new thread. Good luck.

Thank you for replying car, as you can see I am confused, so should I be requesting directions on the AQ for full disclosure? Should I respond to Mortimers? and what should I include on the AQ re post 68. any help gratefully received.

bump

bump

hi all, I want to include on my AQ removal of the default that marlin have applied to an account in dispute, as they have now confirmed that it is the current account and I started action to reclaim charges in april 2007 (with interest HSBC will owe me money!). Should I reply to MC sols that my defense stands and they will need to produce all the docs in court as I still don't know what interest they are claiming and also the increase in the debt amount and that I will also be adding to the AQ re default, to show the court that I am being reasonable? Any ideas please.

Hi all, have received a letter from Mortimer Clarke, with statements from my current account and stating that it is the current account that the claim refers to. Current account was in overdraft but the amount they are claiming includes my loan., which shows on the statement as coming out and going in on the same day, plus the O/D being credited and giving a nil balance. As I asked for a cpr, they are telling me that the current account is not covered by this and as such, do I wish to proceed with my defence in its current form. My defence was the vague and embarresing, I don't see that they have given any information to change that. I have an AQ to do by september, the court obviously want us to sort this out ourselves as they by their own initiative extended the date. Reading 111523 thread HSBC has done exdactly the same with his accounts. Please has anyone any ideas as to my next step?, what I should put on the AQ?, and what my response to MC should be?

Hi Shaff, Yes HSBC are good over the phone, but they promise you things they can't deliver. And well done for not ringing them. My local court have by its own initiative extended the time for filling in the AQ, anyone know why they might have done this? Could it be to sort it out before going to court? Should I contact Marlin/Phoenix again re the cpr, which they responded with a request of £10 for an sar? Or as they are avoiding sending me the information I need to see exactly what they are taking me to court for, should I just leave it and use this as part of my defence? Any thoughts anyone.

subbing BMF