Rec. Court papers from Marlin

[42man]

Did you see this response here....you could edit this and send it to the sols !!! - http://www.consumeractiongroup.co.uk/forum/legal-issues/140032-hsbc-county-court-claim-2.html#post1592418

[42man]

If the account numbers are different, I would show this to the judge !!!

[laccal]

Thanks for replying. I sort of got that this company will say anything to frighten or confuse people. I am in no doubt that they will turn up at court and try the same. I just hope that the fact they no CCA or default notice is accepted by the Judge and he/she is not bamboozled by this companies tactics

[42man]

Great to see you are in 'no nonsense' mode with this Laccal !!

[laccal]

Great to see you are in 'no nonsense' mode with this Laccal !!

 

Thanks, This company has been a burden since taking on my card. All my other creditors are fine (as they are all paid via payplan). I just want these people to prove that they can (or hopefully can not) LEGALLY enforce it. The reason i am going to town on this is they keep on about the fact i am a home owner and eventually if they win will want to secure debt on my property!!!!

[Craftygirl42]

Furthermore you have made numerous payments to Marlin towards the outstanding balance and our clients believe that the payments made are a clear admission of your liability. You did not at any point dispute the balance until we issued County court proceedings. Our client is therefore of the opinion that the request for docs which is over 8 years old is merely an attempt to frustrate the court proceedings. These facts will be disclosed to the court’

Thats exactly what they put in a letter to me after they received a copy of my AQ. The Court have told me they have applied for a stay, just waiting for a letter, to confirm this and why.

Like you, all my other creditors are fine, except them. I would have happily continued with my payments, but they also keep on about my owning my own house.

Good luck

[laccal]

The Court have told me they have applied for a stay, just waiting for a letter, to confirm this and why.

 

 

Did they send the case to your local county court and when did you find out abount the stay

[Craftygirl42]

It was sent to my local court after I entered my defence. I then filled in the Allocation Questionaire and did an order of directions. I sent a copy to them and then they sent me a letter which included the bit I copied in red above. After they received my copy AQ, I rang the court cos the letter worried me ....they were asking me to withdraw my defense and I got a bit worried that perhaps I should be doing something with the Court as dont want them to get a CCJ cos I forgot something.

 

The Court told me last week that they had applied for a stay, but its gone before the judge for them to ok it. Waiting to find out whats going from the Court.

 

Did the Court tell you they had applied for a hearing, or was that in a letter from Marlin.

[laccal]

It was sent to my local court after I entered my defence. I then filled in the Allocation Questionaire and did an order of directions. I sent a copy to them and then they sent me a letter which included the bit I copied in red above. After they received my copy AQ, I rang the court cos the letter worried me ....they were asking me to withdraw my defense and I got a bit worried that perhaps I should be doing something with the Court as dont want them to get a CCJ cos I forgot something.

 

The Court told me last week that they had applied for a stay, but its gone before the judge for them to ok it. Waiting to find out whats going from the Court.

 

Did the Court tell you they had applied for a hearing, or was that in a letter from Marlin.

 

I also sent the AQ and just last week rec. the letter from Marlin (with the other bits - s/ments copy of application and an unsigned cca) offering me a chance to settle it for lump sum of 7000 or 150 month, which was nice of them:-|. They said that the above stuff will be disclosed to the court if the matter proceeds to a fast track trial.

 

No one (yet) has told me that they have applied for a hearing. Did you contact your local court or the Northampton number re the 'stay' as i have rec nothing from my local court so far and presume that until Marlin get their hands on the default letter then its in limbo.

 

Did Marlin send you anything else with the letter like statements etc

[Craftygirl42]

I had a form with my AQ saying it had been transferred to my local court and to send the AQ to them which I did.

 

Sorry I read in your post where you put the details of the letter received that Marlin had applied for a hearing.

 

My letter didnt mention an arrangement, but they did enclose some documentation, but in my view not enough for me to defend the case. Although they havent said they are looking to send anything else.

 

I rang my local court (as they are now dealing with it) cos Marlin had supplied some documents I was worried that I should be doing something and the lady on the phone told me that they had applied for the stay. It may be worth ringing Northampton to ask whats going on (if its them still dealing with it)

 

I am waiting to find out the details of the stay before seeking advice on how to proceed.

[laccal]

It was sent to my local court after I entered my defence. I then filled in the Allocation Questionaire and did an order of directions.

 

What did you put in Order of defence as i did not send one of those!!! I just filled the AQ (Most of the AQ was imho aimed at the claimant not the defendant).....or did i miss something:eek:

[Craftygirl42]

What did you put in Order of defence as i did not send one of those!!! I just filled the AQ (Most of the AQ was imho aimed at the claimant not the defendant).....or did i miss something:eek:

 

My claim is for an overdraft

 

It was to do with Section G....other facts that you want the court to consider.

 

I added a draft order for directions.....basically for Marlin to provide the documents requested. It was something I found on here

[laccal]

Just a quick update.

 

spoke to the county court this morning.

 

Marlin have asked for a 'stay'.........They did not submit their AQ and sent a letter after the date required for the AQ requesting a stay. It went up to the Judge yesterday and now just have to wait.

 

I am a little narked that they did not get their AQ in on time (I obviously did) but they can still write to the court a week later expecting a stay (Also after speaking to the court they will probably get it as well)

[Craftygirl42]

Thats what they have done to me, do you know what it means to our cases

[laccal]

Spoke to a very helpful lady at the court who managed to answer all my questions and took the time to explain what could or could not happen.

 

Her honest answer was it does not mean that much, its up to the judge.

 

She said yes it could look bad for Marlin but their arguement will be that they were trying to resolve the issue with me so then that would look good for Marlin. (hence the does not mean much comment). It depends on the Judge some are quite ..... umm:rolleyes: whats the word..well i suppose the polite word is strict and would not give the stay due to Marlins disrespect to the court whereas the others just tick the box and give them the stay!!

 

She also said the stay bit normally means Judge will give Marlin 4 weeks then poss. another further 2 before setting a court date if required!!....

 

So i am presuming Marlin have about 6 weeks to find my original CCA (although they think they have it with an application form) and probably more important to them the Default letter........ but saying that i am sure there are to be a few more twists to come

[Craftygirl42]

I received a letter from the Court, saying that the claimant has to file their AQ by next week or the case will be struck out. I am assuming their request of a stay has been turned down.

[laccal]

I received a letter from the Court, saying that the claimant has to file their AQ by next week or the case will be struck out. I am assuming their request of a stay has been turned down.

 

Thats good news. It also means Marlin have a shorter amount of time to find the docs ....and they have already managed to 'p' off the judge so early on:eek:.

 

Good luck, and well done so far

[laccal]

Just an update.

 

Rec a letter from the court saying that unless Marlin complete AQ by 13 March and pay fee then claim is struck off

 

Then next day

 

Marlin send me the exact same batch of paperwork as before, letter is dated 26th Feb and they now give me 7 days to pay

 

Should i reply to their letter (tempted to outline their lack of paperwork) or just wait to see if they go to court.

Edited March 1, 2009 by laccal

[Craftygirl42]

Did you do draft directions with your AQ, the court now have given them another week or two to provide the documentation or it will be struck out.

 

They seem to have made the District Judge here a bit fed up

[Mrsmancmonkey]

Subbing.

 

Looks like am up to the same point and sounds similar to my mums, they have until end of the month to complete AQ.

 

I wonder why the judges allow extensions when its clear that they abuse the system the whole time

[laccal]

Did you do draft directions with your AQ, the court now have given them another week or two to provide the documentation or it will be struck out.

 

They seem to have made the District Judge here a bit fed up

 

I did not send directions. i just sent the AQ.

It appears common practice with Marlin to request more time, then its hit or miss on if they decide to fight the case and pay the fee, obviously i am hoping for the struck off bit!!!

[laccal]

Subbing.

 

Looks like am up to the same point and sounds similar to my mums, they have until end of the month to complete AQ.

 

Good luck and if i could offer any advice it would be to read this forum daily to keep up to speed with others good and bad experiences as if this goes to court you will need all your wits about you

 

I wonder why the judges allow extensions when its clear that they abuse the system the whole time

 

The lady at the court said that many companies say that they are trying to neg. with the def. hence why they want longer but actually its just a way of getting more time to prepare their case and to gather the paperwork

Edited March 3, 2009 by laccal

[laccal]

Just an update.

 

Marlin were given another months grace hence the delay.........but just had a letter arrive a few days ago from Mortimer clarke stating that they had discontinued their action against me:), and enclosed the letter they sent to the court confirming this:). The reasoning was the court gave them until the end of this month to find CCA and more importantly default notice and nothing can be found by Sainsbury.

 

So a big THANK YOU to all who helped me with this.......One last question. Now I have won am I entitled to claim my fees back for all the work I put into this, I appreciate it did not get to court but I must have sent over 6 letters backwards and forwards during the time. I know this might sound a bit greedy but they wanted 2000 quid for their fees if they won !!!!

 

Once again Many thanks

 

Laccal

[postggj]

meny congrats laccal

 

just goes to show

 

push comes to shove.

they dont want to play any more

 

can you post a link to your thread if you posted any so called manufactured agreement marlin like to send out

[laccal]

meny congrats laccal

 

just goes to show

 

push comes to shove.

they dont want to play any more

 

can you post a link to your thread if you posted any so called manufactured agreement marlin like to send out

 

This is my thread. I kept it quite minimal as you never know who reads this stuff;)..............