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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Marlin and Remus


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There are some interesting scenarios here

You had a loan agreement which was covered by the CCA this was defaulted then transferred to your current account which was closed on the same day. I expect if you check your credit file it will also show it was defaulted on the same day as well.

OK....I bet you haven't had a default notice for the current account?....so this is something you could query.

The POC states an agreement under the CCA but we know this was cleared by an unauthorised transfer from your current account, if you could get something from HSBC to show this that would be useful...I would be inclined to write to phone HSBC customer services and ask about the loan account, explain that due to personal problems you have lost records and could they confirm the status of the account.....this should show it was cleared and closed,if you could get this in writing it would make a great defence.

One other aspect..what was the interest rate on the loan, and on the unauthorised overdraft?...marlin are charging you interest which is included in the POC but on what basis...the loan or the account....

So you have a few options...I would favour trying to get a letter from HSBC confirming the loan account is clear as at such and such date and use this as a defence....Look at my post #16 to see our circumstances are not dissimilar......I got the letters out of HSBC and sent copies to Marlin who backed right off

Live Life-Debt Free

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Thanks for your reply,

There are some interesting scenarios here

 

You had a loan agreement which was covered by the CCA this was defaulted then transferred to your current account which was closed on the same day. I expect if you check your credit file it will also show it was defaulted on the same day as well. I have received my pin today, so I will be checking dates and amounts online.

 

OK....I bet you haven't had a default notice for the current account?....so this is something you could query. I'll be beggered if I can find any default letters (not like me). Have done a cpr to Phoenix, so they should produce ALL the docs.

 

The POC states an agreement under the CCA but we know this was cleared by an unauthorised transfer from your current account, if you could get something from HSBC to show this that would be useful...I would be inclined to write to phone HSBC customer services and ask about the loan account, explain that due to personal problems you have lost records and could they confirm the status of the account.....this should show it was cleared and closed,if you could get this in writing it would make a great defence. Yep, I followed advice and asked HSBC for records for that time period to date as I needed to get my accounts in order:roll: and today I have received statement showing early closure of loan in may.

 

One other aspect..what was the interest rate on the loan, and on the unauthorised overdraft?...marlin are charging you interest which is included in the POC but on what basis...the loan or the account.... good point, as far as Marlin are concerned its a loan as confirmed by the gentleman on the phone.

 

So you have a few options...I would favour trying to get a letter from HSBC confirming the loan account is clear as at such and such date and use this as a defence....Look at my post #16 to see our circumstances are not dissimilar......I got the letters out of HSBC and sent copies to Marlin who backed right off Understand where you are coming from but I'm rather annoyed that they are doing this on bulk and a lot of people are going to get ccj's by default and then possible charging orders where Phoenix will get even more money than the orginal debt, no doubt they have worked it out that they will profit by bringing all these cases to court even with the fees.:evil:.

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Your last point sums up Phoenix/Marlins business plan

 

They purchase cheap debt--Litigate --Turn into secure full value debt they can sell on at a profit...

 

Every now and then someone defends and they lose out but I bet the ones that dont make it a very profitable exercise for them.

Live Life-Debt Free

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  • 2 weeks later...

Hi all,

have just checked my credit report from experian to find default date and amount and the only HSBC entry is for a loan settled in 2005, which I beleive is when I refinanced the loan that is now in Phoenix/Marlins hands.

I am confused:confused:

All my other financial dealings are on the report, where has it gone?

Any thoughts what I can do now, I'm thinking that my defence should be the vague POC, and marlin have done their usual with my request re cpr in that they beleive I want an sar:rolleyes:

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Hi all,

Defence

 

  1. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.
  2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -
  3. The claimants’ particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

    1. The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim.
    2. A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.
    3. A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.
    4. [*]Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet

      [*]Further to the case, on 04/04/2008 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a list of charges applied to the account.

      [*]To Date the claimant has ignored my request under the CPR, which was received and signed for by the claimant on 10/04/2008 and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested

      [*]The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Civil Procedure Rules I have not yet had the opportunity to assess if the documentation the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) which was amended by Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482). The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--


          1. [*]The courts attention is drawn to the fact that where an agreement does not have the prescribed terms as stated in point 7 it is not compliant with section 60(1) Consumer Credit Act 1974 and therefore not enforceable by s127(3). The courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

            [*]Notwithstanding points 7 and 8, any such agreements must be signed in the prescribed manner by both debtor and creditor. If such a document is not signed by the debtor the document cannot be enforced by way of section 127(3) Consumer Credit Act 1974

            [*]The claimant is therefore put to strict proof that such a compliant document exists

            [*]It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.

            [*]Notwithstanding point 11, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

            [*]Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

            [*]Without Disclosure of the relevant requested documentation I am unable to assess if I am indeed liable to the claimant, nor am I able to assess if the alleged agreement is properly executed, contains the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974

            [*]In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

            [*]Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 5 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

            17. In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced before 6th April 2007 the Consumer Credit Act 1974 is the relevant act in this case.

             

             

             

            Statement of Truth

             

            I, believe the above statement to be true and factual

            Just checking my on line claim and I'm not sure which way of entering my defence is best, should I enter my defence on line or use the paper form?

             

            I have borrowed this from pblackie:) I will of course change the date for my cpr.


        1. Number of repayments;
        2. Amount of repayments;
        3. Frequency and timing of repayments;
        4. Dates of repayments;
        5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

    LTSB court date 25/7/07

    17/7/07 I WON I WON I WON!!!!:p :grin:

    HSBC court date 11/9/07 (stayed)

    CapOne lba 7/1/08-15/3/08 WON.

    Citicards lba 14/1/08

     

    Read Read and Read Some:razz: More

     

    If I've been helpful in anyway please tip my scales:rolleyes:

     

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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    Personally I would use the paper form. Your defence may actually be too long for MCOL.

    HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

     

    BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

     

     

    Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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    Thanks rory, I had heard that there was a limted amount of space on mcol.

    Will post it tomorrow, copy to phoenix.

    LTSB court date 25/7/07

    17/7/07 I WON I WON I WON!!!!:p :grin:

    HSBC court date 11/9/07 (stayed)

    CapOne lba 7/1/08-15/3/08 WON.

    Citicards lba 14/1/08

     

    Read Read and Read Some:razz: More

     

    If I've been helpful in anyway please tip my scales:rolleyes:

     

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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    • 2 weeks later...

    Hi all, bit delayed, but defence with copy to phoenix sent today.

     

    Have just checked my credit report, and my HSBC loan and credit card which was not there on the 3rd, have appeared under Marlin both as 8 :mad:.

     

    Can they do this? has it any bearing on my defence or litigation, is there anything I should be doing?:confused:

     

    Any help gratefully received:)

    LTSB court date 25/7/07

    17/7/07 I WON I WON I WON!!!!:p :grin:

    HSBC court date 11/9/07 (stayed)

    CapOne lba 7/1/08-15/3/08 WON.

    Citicards lba 14/1/08

     

    Read Read and Read Some:razz: More

     

    If I've been helpful in anyway please tip my scales:rolleyes:

     

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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    Hi, has anyone any thoughts on my post 58?

    LTSB court date 25/7/07

    17/7/07 I WON I WON I WON!!!!:p :grin:

    HSBC court date 11/9/07 (stayed)

    CapOne lba 7/1/08-15/3/08 WON.

    Citicards lba 14/1/08

     

    Read Read and Read Some:razz: More

     

    If I've been helpful in anyway please tip my scales:rolleyes:

     

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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    Hi all, bit delayed, but defence with copy to phoenix sent today.

     

    Have just checked my credit report, and my HSBC loan and credit card which was not there on the 3rd, have appeared under Marlin both as 8 :mad:.

     

    Can they do this? has it any bearing on my defence or litigation, is there anything I should be doing?:confused:

     

    Any help gratefully received:)

     

    They can do what they want until you reel them in through the Court, unfortunately.

     

    If your disputing the account, you should consider using the Surleybond's letter NOW to withdraw consent to process under s.10/s.12 DPA, as they can't provide an agreement with consent to process and consent can be withdrawn even if they can.

     

    The issues are;

    • Enforceable agreement (make sure you read my Barclays Default thread, as one of the accounts is a current account and this doesn't necessarily need an enforceable agreement due to a determination by the OFT - more on my thread)
    • Ability to enforce (does the DCA have the right to sue)
    • Assignment (is it legal/equitable and is it lawful)
    • Correct amounts on the claim form
    • Unlawful penalty charges
    • Unlawful Default/Termination
    • Breach of DPA by processing/sharing data without consent or permission

    You can't deal with any of this until they've fully disclosed their case against you.

    • Haha 1

     

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    Hi car2403,

    will send surlybonds letters to Marlin as the default is under their name.

     

    I have no record of HSBC defaulting me, so no record of settlement on my credit report. I am rather confused about this, and wonder if HSBC have not followed the full process.

     

    On my credit report, Marlin have put my current balance as £900 more than they are claiming, and about £1400 more than was owed when it was 'assigned' :rolleyes: to them, (interest?), will Phoenix have to produce and verify these amounts via the cpr?

    If phoenix back down, am I able to carry on with my counter claim, or will I have to start a claim against them for adding fantasy amounts:p

     

    Northampton have acknowledged receiving my defence.

     

    Which body should I write to about Phoenix, and the appalling way they are using the courts to apply ccj's to people, who are unaware of their rights, and increasing the debt by obscene amounts?

     

    MoneyMail springs to mind:D

    LTSB court date 25/7/07

    17/7/07 I WON I WON I WON!!!!:p :grin:

    HSBC court date 11/9/07 (stayed)

    CapOne lba 7/1/08-15/3/08 WON.

    Citicards lba 14/1/08

     

    Read Read and Read Some:razz: More

     

    If I've been helpful in anyway please tip my scales:rolleyes:

     

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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    Car

     

    Where is Surebonds letter

     

    HAk

     

    In cars signature;)

    LTSB court date 25/7/07

    17/7/07 I WON I WON I WON!!!!:p :grin:

    HSBC court date 11/9/07 (stayed)

    CapOne lba 7/1/08-15/3/08 WON.

    Citicards lba 14/1/08

     

    Read Read and Read Some:razz: More

     

    If I've been helpful in anyway please tip my scales:rolleyes:

     

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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    • 1 month later...

    Hi All,

    Things have been quite for a while, I have had no response to my cpr, in fact nothing from anyone until today, when I received my N152, it has been transferred to my local court and I must complete the AQ on or before 17 July.

    I am away from the 15th, so will have to read up on the Marlin/Phoenix threads this weekend to see my way forward and get the AQ sorted.

    I have already been to my local court to defend a ccj, if I knew then what I know now;)

    LTSB court date 25/7/07

    17/7/07 I WON I WON I WON!!!!:p :grin:

    HSBC court date 11/9/07 (stayed)

    CapOne lba 7/1/08-15/3/08 WON.

    Citicards lba 14/1/08

     

    Read Read and Read Some:razz: More

     

    If I've been helpful in anyway please tip my scales:rolleyes:

     

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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    Hi

    my other half is at same stage as you are recieved our AQ letter today to determine which track, look on my thread and you will see where we stand, are going to ask the court to order claimant to produce or seek strikeout

     

    they are naughty the games they play

    :p
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    Guest shaff

    Hey there,

    I'm in the same boat, HSBC sold my Credit Card account to Marlin,

    HSBC are quite good over the phone but im so angry as they are sending me incomplete Credit card statements which im trying to claim charges from.

    I CCAd Marlin 3months ago, they stayed quite and just yeaterday they sent me a letter 'Urgent, you need to ring us NOW'. I sent them another letter stating that they need to comply with the CCA and stop ringing me!

     

    Good Luck!

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    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.

    LTSB court date 25/7/07

    17/7/07 I WON I WON I WON!!!!:p :grin:

    HSBC court date 11/9/07 (stayed)

    CapOne lba 7/1/08-15/3/08 WON.

    Citicards lba 14/1/08

     

    Read Read and Read Some:razz: More

     

    If I've been helpful in anyway please tip my scales:rolleyes:

     

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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    • 3 weeks later...

    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?

    LTSB court date 25/7/07

    17/7/07 I WON I WON I WON!!!!:p :grin:

    HSBC court date 11/9/07 (stayed)

    CapOne lba 7/1/08-15/3/08 WON.

    Citicards lba 14/1/08

     

    Read Read and Read Some:razz: More

     

    If I've been helpful in anyway please tip my scales:rolleyes:

     

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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    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.

    LTSB court date 25/7/07

    17/7/07 I WON I WON I WON!!!!:p :grin:

    HSBC court date 11/9/07 (stayed)

    CapOne lba 7/1/08-15/3/08 WON.

    Citicards lba 14/1/08

     

    Read Read and Read Some:razz: More

     

    If I've been helpful in anyway please tip my scales:rolleyes:

     

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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    • 2 weeks later...

    bump

    LTSB court date 25/7/07

    17/7/07 I WON I WON I WON!!!!:p :grin:

    HSBC court date 11/9/07 (stayed)

    CapOne lba 7/1/08-15/3/08 WON.

    Citicards lba 14/1/08

     

    Read Read and Read Some:razz: More

     

    If I've been helpful in anyway please tip my scales:rolleyes:

     

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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    • 2 weeks later...

    bump

    LTSB court date 25/7/07

    17/7/07 I WON I WON I WON!!!!:p :grin:

    HSBC court date 11/9/07 (stayed)

    CapOne lba 7/1/08-15/3/08 WON.

    Citicards lba 14/1/08

     

    Read Read and Read Some:razz: More

     

    If I've been helpful in anyway please tip my scales:rolleyes:

     

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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    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.

     

    Not sure I understand? Default removal would be part of your case, not part of your AQ - the AQ is designed to give the Court information to allocate it to track effectively, it isn't the place to be requesting anything, unless it's in the form of a draft order for directions.

     

    The draft directions should request full disclosure, including proving the debt/interest applied to it.

     

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    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.

    LTSB court date 25/7/07

    17/7/07 I WON I WON I WON!!!!:p :grin:

    HSBC court date 11/9/07 (stayed)

    CapOne lba 7/1/08-15/3/08 WON.

    Citicards lba 14/1/08

     

    Read Read and Read Some:razz: More

     

    If I've been helpful in anyway please tip my scales:rolleyes:

     

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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    • 3 weeks later...

    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:D

    Edited by remus
    add

    LTSB court date 25/7/07

    17/7/07 I WON I WON I WON!!!!:p :grin:

    HSBC court date 11/9/07 (stayed)

    CapOne lba 7/1/08-15/3/08 WON.

    Citicards lba 14/1/08

     

    Read Read and Read Some:razz: More

     

    If I've been helpful in anyway please tip my scales:rolleyes:

     

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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    Great news.....Marlin have a habit of mucking up their processes I think because they are only really geared up to deal with un-contested claims...

    Would be interested to know what the inconsistences were?

    Live Life-Debt Free

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