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Phoenix Recoveries (UK) Limited/ SARL-Marlin


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Hi There all. (PLEASE HELP - URGENT!!!!!!)

 

In desperate need of help. Just to give you an overview of the situation. I am married with 6 children and in full time employment. I have received a Court Claim form this morning from Phoenix Recoveries (UK) Limited which have purchased a debt which I do have (or did have) with Sainsburys Bank (an unsecured personal loan)

 

The debt was for £17,400.92 which I know that is correct - Sainsburys were accpeting my payments through the CCCS but now they are claiming the original £17,400.92 and £3,306.41 Interest back dated - also interest at a daily rate of £3.10 plus court costs and fees etc making the debt even higher at £21117.33.

 

I need some advice on how to proceed with the claim form and also what the best option for me is bearing in mind the increase size of the debt now.

 

Can I offer them a settlement - they did not bother to contact me - they just sent the forms via Moneyclaim!!

 

Is it a case of foreign company profiteering yet again or am I well and truely "shafted"

 

Look forward hopefully to some interesting posts.

 

P.S One option that I would consider is borrowing a proportion of the money from a family member - but we do not have £21K lying around in a Swiss Bank account.

 

Also I owe in excess of £40 in total.

 

Many Thanks

Bluetiny2002:)

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ok....first thing to do is that you have to acknowledge the claim within 14 days of the date on the claim, if you do then you get another 14 days to defend it (which I presume you will do).....In the first instance acknowledge the claim, otherwise you will get a default judgment against you.....

 

What you must also do is send the solicitor / claiant THIS letter below by recorded delivery asap...

 

(I presume there must be a large amount of excess / penalty chrges on the account too....

 

(reproduced courtesy of pt2537)

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

  • Haha 1

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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in good hands i see. welcome to CAG Bluetiny2002

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If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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Thanks 42Man.

 

Whta happens after the 14 days? Pressumably if I do not receive a reply then they do not have the right to claim further? What iof they do provide a load of info and do have the right to proceed?

 

As I am new to this any further advice is appreciated.

 

I will post further news but I will do the letter tonight then keep you updated as to the progress.

Thanks

 

Bluetiny2002

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Thanks Mrmarmite.

 

I have already started feeling a little better now that I have started using this forum. I would definatley recommend this to anyone who is in the proverbeal poop!!

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lol, you are in good hands, we all have had sim probs and some cases still are, we all learn from each other here, after the 12+2 days (working days) they have no legal rights to ask/demand money from you, they will of course ignore this

  • Haha 1

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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ok....

 

well you can dispute the debt on grounds that there is no enforceable consumer credit agreement, it can be disputed that the prescribed terms are not on the agreement and if need be then you can dispute it on the grounds that there are a large amount of excessive charges that have been added to the account.....but you need to keep to the timescales....you are writing to them to make sure they are able to enforce the debt, and you ask judge to throw them out if they do not provide you with the paperwork you have requested in the above letter (CPR = Civil Procedure Rules)

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Once again, thanks. You have really helped in a big way.

 

I will stay in touch if I may and let you know how it all pans out.

 

Greta advice - great forum

 

Cheers

Bluetiny2002

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Hi Blue...please update your thread here....with the new info....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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I am now doing the online forms for the court bit.

 

Question though.... Am I contesting all of the claim? and also am I contesting the jurisdiction of the court?

 

Any help 42Man will be greatly appreciated.

 

Bluetiny2002:)

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Sorry Blue....did you fill out the online form ok ??

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Let me get somebody to help...

  • Haha 1

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi there

 

RE Contesting jurisdiction

 

this is only relevent if you feel the court does not have the right to hear such claim or it is out side of the courts area

 

in this instance if you have a claim issued against you in the county court for monies under a contract then it is highly unlikely that you have grounds to contest the courts jurisdiction

 

you need to acknowledge the claim and at this stage, in the absence of the requested documents i would possibly defend all of the claim

 

 

regards

paul

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Thanks guys for all your help....the form will be done and I really do appreciate what you have advised. If left to me I would have no chance, so more than a glimmer of hope will be a plus.

 

Let you know how it goes.

 

Bluetiny2002

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Form complete (online - copy printed off) and now I suppose I await the response - if I do not hear from Phoenix in 12 +2 then it is a step in the right direction.

 

Hopefully the are going to be a little snowed under with other paperwork.

 

Cheers

Bluetiny2002

:)

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  • 2 weeks later...

Well,

 

Guess what - obviously received no reply from Phoenix.

I have a POD for ther recorded letter.

 

Question - Do I know go into the defense section of the online moneyclaim section and tell the court to throw it out of court and the reasons why? i.e they have prevented my defense and also they have no right under CPR?

 

They have failed to provide any info and it has been over 14 days (letter signed for on the 5th March.)

 

I know need to knwo the next step - so please could you help once again.

 

Many Thanks

Bluetiny:)

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  • 2 months later...

Hi

 

good luck we are having a similar clown around time with these guys and cannot wait to have our day in front of the judge as they aretotally disrespectful when it comes to following protocols

 

there are plenty of threads about these guys and they all point to a bully

 

good luck we are with you

:p
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Hi Blackman F

 

Whats your story and how whats happened so far. I have to put my defence together now, as Marlin have defaulted on my CPR part 18 requests, but registered defaults anyway. The bank has refused to send information against my CCA request as I did not sign the CCA request - Can they do this, any ideas anyone as I now have less than 2 weeks left to file a defence

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When you say the bank have refused to send information against my CCA request....what does that mean?...Are you saying they have refused to send a copy of the agreement?......of so then what are they going to produce in court?

Live Life-Debt Free

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Hi B3rty

They wrote that I had not signed the request and that my address was not the same as they had on record, which is strange since my address has not changed in 34 years. They sent a cheque back for the £10 and said I have to go into the bank to sign for the request. Can they use no signature as an excuse?

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