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Marlin claimform - HSBC OD debt ****SETTLED VIA MEDIATION****


Craftygirl42
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Also, am being cynical here but I wonder if, for all the hard work we put into producing things like the disclosure doc's and the witness statements etc, does the judge even READ it??? It makes me feel that they dont... I feel very tempted to put for my witness statement.....

 

"We dont owe it, bog off"

 

Signed....blumminfedup

 

They probably dont, its just another thing for us to stress over, as if we didnt have anything better to do with our time. I am sure if we stepped a foot out of line though, they would be down on us like a ton of bricks unlike bloomin Marlin and probably others who step out of time all the time

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I'm sure one of the mod's will look at it for you, as I'm no expert..(only on marlin;)) Click the red scales if you want them to cast their eye over it. Just replied on my thread as to what doc's they should supply, when they claim its an overdraft. Thats where their clever though cos I dont think overdrafts are covered the same as say a credit card or bank loan......

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Looks ok-Personally I would substitute "Build up to this action"....to ......Background Information.

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

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Looks OK to me too although you need to read through carefully as there are typos, etc. For example:

 

Except where otherwise mentioned in this Defence, I neither admit.... (comma, not full stop.)

 

Consumer Credit Agreement 1974 should be Consumer Credit Act1974

Steven

 

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OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 3 weeks later...

Hope it goes well:D

LTSB court date 25/7/07

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HI Crafty Girl

 

I hope you are happy with your result. Sometimes its sensible to reach a settlement even if you know you will win in court.

I've made a settlement in my two cases with Marlin. IN my case it made sense for both of us.

Marlin knew they could not win the right to enforce in court, and I knew that even if I won in court and they could not enforce, the debt would still remain, even if not enforceable.

I was lucky that a relative helped out and I was able to offer a 10% full and final settlement and removal of defaults (I had corrections on them anyway), and Marlin were able to accept, as its better than the alternative which may have been £1 per month at the most, even in the unlikely event that they won. Sometimes its wiser to yield and win the war than push your advantage to the limit and only win the battle

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Thank you 111253. As this was an overdraft, I felt a bit out of my depth as the info to defend successfully just doesnt seem to be clear. We had been paying via a DMP and whilst its going to take a while to pay off, we are happy with the result and avoided having to go to Court. Still have some more with them in the pipeline, but hopefully by the end of this year, all will be sorted

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  • 6 months later...

Hi CG, just been catching up on this thread. Would you like be to amend the title to include "settled via mediation".:)

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Yes please, if thats appropriate

 

Mediation doesnt have a very good track record, so if others are able to see that something good can come out of it that is great.

 

Your thread will likely now come up on google or CAG searches. :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...

Hi CG, don't know if you still look at this thread, but wanted to ask a question you might be able to help with. I just wondered, when you agreed to settle with Marlin, did it offer them the right to go back to court if you missed a payment and obtain judgement without the need to issue fresh proceedings - I believe there would normally be a consent order and this might be one of the terms.

 

many thanks, Magda

Edited by MAGDA
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  • 4 weeks later...

I have moved this to the success forum as well. As it is a partial success and obviously both sides were content with the compromise. :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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