Marlin/Pheonix issued CCJ but no CCA provided

[fedupwithdebt2009]

Hi all, please help if you can

 

Just recieved a ccj from said company for a debt from1997. It was first direct, and we have sent relevent CCa request and £1 fee back in 2007 but still no CCa sent to us. I have warned Marlin about the account being in default but they have chose to ignore this and gone for CCJ which has been increased by another £3K!!!!!!!

 

We fully intend to fight this but we need sdome help as to what to do next. They are not going to win, not when they cannot prove the debt.....

 

Please help

 

reallyfedupwithdebt!!!!

[fedupwithdebt2009]

Would just like to add that I have the letter from the then solicitors C&G saying that we requested a refund of £1 when it was for CCA, and I never cashed the cheque they sent us for £1......so have proof that we asked for CCQA....and none sent!!!

[Pinky69]

What exactly have they sent you? Marlin cannot issue you with a CCJ - only a court can do that.

[fedupwithdebt2009]

Yes sorry its from Northhampton CC.

[Pinky69]

If you were not given an opportunity to defend this, then you have to apply to the court to have the CCJ set aside on those grounds.

[fedupwithdebt2009]

Hi thanx for reply, when you say "not given the opportunity to defend this" do you mean at court?? We only recieved the summons today, even though they know its in dispute (the account). They are saying its for an overdraft we had in 1997 but its not, and I have proof its not, also they have added nearly £4K on as interest. Do we just fill in the form to dispute the whole thing on these grounds??

[frettful38]

Good luck mate,

 

Just another pain in the **** money grabbing debt ****'s,

 

I wish you luck and don't GIVE UP.

 

 

Frettful38 xxxx

[fedupwithdebt2009]

Thanx frettful, we (its in both our names) are not going to stand back and let them put this onto our house, which is what they said they were going to do.

[frettful38]

I have been through this nightmare with charge over house because of husbands bankruptcy, all over now thank god. But can tell you from experience this was one of the worst moments of my life. If only I had found this site sooner maybe I would have got some proper advice.

My advice to you is do everything possible to fight and get as much info as you can, prepare your case as strong as possible, be prepared, because these ppl can be as corrupt as they can to get money off you. But you are in an excellent place and I am sure you will be victorious.

My husbands debt was for £6,000.00 we ended up paying £46,000.00 to save our house being sold by official receiver.

So you fight and keep strong a mans castle is his home and don't let the enemy attack prepare for war.

I wish you the best xxxxxxxx

[fedupwithdebt2009]

wow frettful, I cant beklieve you had to pay that much back!!!! This "alledged" debt was around £4K, now they want £7500 on CCJ. I havw also been through other stuff, and have had charging order before, so i know how it works....thats why this time we are going all the way, and if I need a solicitor then I will get one, it will be worth it.

[havinastella]

Fedup,

 

An overdraft is 'NOT' covered by a CCA.

 

Could you post up exactly what the POC says (editing any personnal details)

 

Jogs

[fedupwithdebt2009]

Hi, it says that we had a current account with HSBC, (IN 1997,it was a subsiduary of theirs, not HSBC) and that we had taken £4K overdraft,(not true) withdrawn the funds(not true) and then HSBC terminated account and that Marlin/Pheonix took over the debt in 2007. Therefore they claim the £4K "overdraft" plus interest....total £7500.

[frettful38]

I think the banks are trying to get as much as money out of ppl to save themselves from sinking, whether they are true debts or not, fair enough for those who do owe but for those who don't that's really taking the ****.

Gather all your info and proof and sue them for harassment, say about £1,000000000000000000000000000000000000.00 just a thought hey

 

Keep posted with your case I shall be interested to know what happens,

[fedupwithdebt2009]

I did warn them that the debt was in dispute as I have proof that I requested a copy of the CCA and they ( the previous collectors) sent us the £1 fee back. I know what the debt is for and I have proof, so lets just say I'm not surprised they say its an overdraft when its clearly not....cos they cannot produce a valid CCA

[creditcardmug]

Hi, and welcome,

 

First off your thread title is a bit misleading, as you plainly do not have a ccj YET.

 

If you want help with this you need to post up the "Particulars of Claim", dont post anything that could identify you.

 

You say this is not an overdraft, what do you think it is?

 

What date is on the claim form?

 

Who is the claimant, as printed on the claim form?

[fedupwithdebt2009]

Hi sorry if its a bit misleading, my brains fried!!!!!!!!

 

Ok, we have had a claim form today from a County court dated yesterday, saying that Pheonix are claiming the sum of £7500, £4K of it for an overdraft from 1997, and the remainder is interest they have added.

 

We have 14 days to respond.

 

Its a personal loan not an overdraft. I have proof of that.

 

Once again sorry for confusion

[creditcardmug]

No probs, can you type what it says in the POC, dont put anything which could identify you.

[fedupwithdebt2009]

OK, sorry

 

It says:-

 

An agreement was made in writing between HSBC and us dated 01/09/1997 where HSBC agreed to provide us with a current account facility upon the terms and conditions applied with in the agreement.The defendent has withdrawn monies from the said account such that the overdrawn balance exceeds the limit and has remained in such a position dispite requests by HSBC to remedy this. The agreement was terminated by HSBC. it was assigned to the claiment on 05/10/2007

 

It then goes into detail as to the amount claimed.

[creditcardmug]

Ok, they are saying the debt has arisen entirely from a current account overdraft..you are disputing that?

 

Did you have an overdrawn account?

 

The POC doesnt mention a loan facility.

 

Who are the solicitors acting, is it restons?

 

Just trying to get the basic facts.

 

Have you ever had a "Notice of assignment" from both HSBC and Pheonix?

[fedupwithdebt2009]

Mortimer clark are the solicitors. yes we are disputing that. I have proof of what it is, and its not an over draft. They are sayiong this because they are in default of my cca request in 2007 and they dont have anything to back up what they are claiming. We did get a letter from HSBC saying it had been sold on in 2007. We had been paying an amount each month off this debt untill I asked for a CCA and they defaulted, since then I have withheld payment and it got sold on. Nothing from Pheonix though.

 

Just to add I have proof of us paying etc

[creditcardmug]

Ok you need to acknowledge service online you can do this using the password on the front of the claim, make sure you tick you are defending all of the claim.

 

You will then have 33 days from the date on the claim to file your defence, this should be done about 4 days from the end of it.

 

Meanwhile you need to write to the solicitors acting, with the following letter. Send by recorded and keep the receipt.

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

In the Northampton County Court

xxxxxxxxxxxxxx -v-xxxxxxxxxxxxxxxxx

Claim Number: xxxxxxxxxxxxxxxx

 

 

Dear Sir/Madam

 

REQUEST FOR INFORMATION CPR 18

 

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. 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.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

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 Natwest

c. .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).

d. 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.

e. 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.

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

g. 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.

h. 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,

 

[111253]

HSBC will have opened an account, paid off your loan from it, and then closed the account citing an unauthorised overdraft, thereby removing your rights under the CCA 1074. It is illegal to deprive you of any of your rights under the CCA and so HSBC will not try to enforce this themselves, but will set Marlin et al onto you, who will try to bluster you into accepting this illegal act and pay up under the threat of a charging order on your house.

Defend the action if you neliweve they have done this without your kn owledge. They may quote "Rankin v Others", bad case law, and you will find a response somewhere on CAG, can any one help with this.

Good luck

Edited January 31, 2009 by 111253

[creditcardmug]

HSBC will have opened an account, paid off your loan from it, and then closed the account citing an unauthorised overdraft, thereby reloving your rights under the CCA 1074. It is illegal to deprive you of any of your rights under the CCA and so HSBC will not try to enforce this themselves, but will set Marlin et al onto you, who will try to bluster you into accepting this illegal act and pay up under the threat of a charging order on your house.

Defend the action if you neliweve they have done this without your kn owledge. They may quote "Rankin v Others", bad case law, and you will find a response somewhere on CAG, can any one help with this.

Good luck

 

Excellent point mate, this is what i was thinking when i 1st read the thread, however, if defended properly they will get nowhere with this.

 

Thanks for your input.

[fedupwithdebt2009]

Thankyou both very much!!! Can I send you some info in a PM? I dont want to say on here what I have got as proof of what this debt was.

 

I will send letter monday and file responce monday, thankyou once again

[creditcardmug]

You can send PMs if you need to convey something you dont want to be seen on the open forum, or if you are desperate to get hold of someone, but generally we like to keep everything in the forum, because it helps others who are looking in, so PM if you want no probs.