Marlin Financial Services issued statutory demand !! ***WON + COSTS ***

[tronny]

recieved a letter today from mortimer clark solicitiors telling me marlin financial services are considering serving a statutory demand if i dont contact them immediately to discuss a payment proposal. this is for a cc debt with orange marbles visa card which i was previously paying back £40 per month with a previous solicitor. this was then assigned to marlin in may 2008. on return from holiday in june 2008 i found in the post the letter of assignment and rang them to find they wanted more than double what i was paying so i told them where to go. two more letters since then i think now this!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1

[42man]

I think in the first instance it might be a good idea to send off for a request for a copy of your agreement (send to whoever owns the debt now)....also do you know if there were a number of penalty charges that had been added to the account ?

[tronny]

not sure on penalty charges but just finished cca letter ready to post now!!!!!!!!!!!!!

[tronny]

logging off as have to catch post office.... check back later.. thanks

[B3rty]

Mortimer Clark are the legal dept of Marlin and this is their way of getting poeple to pay more money....Get it CCA'd post haste as you know where you stand then

[tronny]

cheers b3rty have done so but 45 mins ago all sent off!!!!!!!!!!

[tronny]

I sent off my cca request on the 20th of jan after recieving letter from mortimer clarke solicitors who stated marlin were considering serving a statutory demand. marlin recieved my cca request on the 22nd( checked via track and trace) however today i recieved said statutory demand from mortimer clarke..! what now.

[fiftypence]

Start the process to have it set aside. Search the threads for information on how to do this (I'm no expert as I've never done it) Make sure you claim your costs back as a 'litigant in person'.

 

And leave enough space to add a bit about the invalid/no CCA You have 18 days from the day of receipt of the SD to reply to the courts for the set aside.

[Shawn0109]

OK you need to fill in forms 6.4 and 6.5 state why the debt is disputed and why you think it should be set aside you need to swear an affiavit at the court when you go then you can do your research while you wait for a reply back from the courts regarding a hearing date, dont worry too much as the hearing will be very informal. But get it set aside as soon as you can.

[tronny]

just reading through page one of stat demand.

 

The creditor claims that you owe the sum of £2009.75, the full particulars of which are set out on page 2, and that it is payable immediately and to the extent of the sum demanded, is unsecured.

 

on correspondence recieved from marlin the amount outstanding is £2006.75. does this matter???

 

reading page 2 particulars of debt.

a) the debt was incurred 03/11/1999

no stat barred as payments were made upto june last year via previous solicitor.

b) description of debt

monies due under a credit card agreement dated 03/11/1999 between mr x xxxxx and hfc bank ltd on 03/11/1999, assigned to phoenix recoveries(uk) ltd sarl potomac recoveries on 18/07/2008

no reference to account numbers.

 

help

[Shawn0109]

Sounds like Marlins dont have the right calculations or something funny is going on like adding interest or charges or something to it, just state on the forms I'm taking a shot here because I was in the same possition myself at a hearing last week and won, ok what I out in mine is that I did not admit the debt because it was disputed on the grounds taht a substantial ammount of charges that had been applied in the ammount of high interest charges, late payment fees and also an anual fee was applied, I had also went on about requesting a CCA agreement under the CCA 1974 with out a satisfactory response also mentioning that the debt was sold on to a Debt Collection Agency but had no Notice Of Assignment no default notice issued by the said collection agency and also had tried numerous times to get a reponse from the original creditor on a request for a SAR all of which went ignored. Say what you think in your set aside application but be honest about it you have to swear on the bible when you take it to court, if you get a response from them regarding your CCA request then you get it, if not then atleast you have the evidence that you requested it right?

[tronny]

yep i have the copy letter post office reciepts with reference numbers re cca recorded letters and postal orders. the cca request is not due back though till week after next, the 9th i think, how will this affect it??

[Shawn0109]

I dont know I would just state you are waiting for a response back from the DCA in relation to a CCA Request you have made, I wouldnt be putting down any false information because that will not look good, you have 18 days to get this set aside most DCA's use these as a scare tactic to get you to pay up but get it set aside as soon as possible.

[Shawn0109]

Oh and considering letters you have sent to them and postal reciepts take them with you and ask that they be photocopied and put in your case file, the staff at the court will help you if you need it also. One more thing you will have to wait a while before you get a reply back from the court in relation to a hearing date you might be looking at maybe March or April for a hearing date just depends on how busy the court is. So just try relax a bit.

[tronny]

thanks for the advice shawn how soon will i know if it has been set aside? do i just walk into the court building and speak to someone or do i ring them first?

[FANTASY CHARGES]

see this thread

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/169788-marlin-financial.html

[Shawn0109]

No once you send in your application to set aside you will in about maybe 2 or 3 weeks down the line get a letter from the court confirming a hearing date which I would advice you to attend, at the hearing it is very informal there will be a District Judge you and the other side if they even bother to turn up, the hearing will last max 10 mins mine was like only 2 mins but there is nothing to be nervous about the judge will ask you a few questions always call the judge if it male Sir if female Madam be polite dont interupt the judge while he/she is talking, if the other side do turn up and have anything with them respetfully ask for an adjurnment if they dont show and have not sent anything to the court before the hearing then the judge will hopefully set the stat demand aside, you will know on the hearing day then and there what the Judge's decision will be, it will be held in a court room which really is just a conference room so dont be stressing, and in the meantime if you get a response to you cca request hopefully they will send the letter we cant find the agreement or we dont have it and neither does the creditor take that letter get them to photocopy it and attach it to your file so when the judge recieves your file he/she will know that it's there.

[Shawn0109]

Oh also dont forget to ask for costs 24 hours before the hearing headed Litigant In Person I will get the correct ammounts you can claim for you later hope this helps you.

[fiftypence]

Shawn has given you some good pointers so far but I would also add that if you were already paying these people monthly then to issue the SD is an 'abuse of process' (make sure you put that in your set aside) and completely unwarranted.

[tronny]

i had been paying a previous solicitor ie restons £40 p.m however when i returned from holiday in june last year and tried to make my monthly payment over the telephone restons told me they were no longer dealing with my account. then i discovered correspondence from marlin stating it had been assigned to them as i said previously i rang them to try and continue the same agreement but was told i would have to pay more than double than i had been. fiftypence .

 

the stat demand was delivered first class post and was dated yesterday, i know i have 18 days to apply for set aside.

 

1, do i just go to my local law courts and ask for the relevant forms?

2, how would i word my defence on these forms given all i seem to have in my defence is the fact i am not in possession of a signed cca, i do not know if the amount is made up of any excessive charges.

3. the fact my cca time limit is up on the 9th feb will be after i actually apply for set aside would this affect it in anyway?

 

sorry if im treading over old ground i am extremely grateful for all responses and advice but i just need to get it clear in my head as this is further than i have been with any of my creditors and as u can probably appreciate is scary.

 

:-|

[tronny]

just read mikedesigns thread on notices of assignment. if it is true the notice of assignment should come from the oc as well as the new dca then this is not the case as all i recieved was a notice from marlin and not hfc or even my previous solicitor i was paying my payments to. does this help also.????

[fiftypence]

OK, 18 days is plenty of time to sort out the set aside, no need to panic.

 

I'm afraid though you will need to do plenty of reading of these forums so you actually understand the process rather than blindly copying someone else's set aside. If you use the search function and look for 'set aside' and look for the threads that have 'won with costs' on them too in the debt collection industry section you will find plenty of threads to read on how to go about the process. Although I have had 2 stat demands in the past I ignored them so never got round to setting them aside but I have read some of the threads concerning set aside and it appears the process is not impossible to follow.

 

Thanks to scabhunter who has just posted this link that will help you know more about stat demands

 

Legal Issues Explained - Statutory Demand

 

and you will need to download forms 6.4 and 6.5 from here

 

Forms

 

Make a list of the facts surrounding your case and once you want to start the process of filling in the forms come back and ask more questions.

[fiftypence]

Just spotted your post on NOA's, I'm no expert on those to be fair but if someone else confirms your thoughts about how these notices are supposed to be sent it then it will be yet more ammunition for your set aside.

 

Here are a couple of good threads that should start you off in the right direction.

 

Thanks to 42man for this link, http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/160672-1st-credit-lloydstsb-help-3.html

 

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

[Shawn0109]

Yes just go to your local court or you can download them of the internet here this is the 6.4 form http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf and here is the 6.5 form http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf

[Shawn0109]

Remeber you have to swear on the bible so everything you put on your application must be true and to the point, dont lie because it wont get you anywhere. I have been through this process this week and 42man along with others gave me some very good advice here http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/177871-me-lowell-financial-costs-7.html#post1951942 so dont be stressed out about it all you will be fine.