Marlin/Mortimer CCJ HFC Marbles Card - Set Aside Help **WON plus Costs**

[Spamalot]

Thanks FG.

Received letter from MC today in reply to my request for DEED of assignment and CCA. They have sent me another copy of the Assignment notification but no Deed and state they have requested a copy of CA and will forward it to me.

They only ever seem to answer what suits them with regards to my requests...not sure if it's incompetence or tactics.

 

I shall wait for a while and see what my SAR trawls up from HFC before I go back to them.

 

Out of interest, can anyone see any legal loopholes in the following?

 

1. 24.6.08. Notice of assignment to Phoenix, Request to Contact Marlin re payment arrangements.

 

2. 27.6.08 Letter to DMC accepting offer of payments from 23.7.08, looking to review in 3 months for increase in payments.

 

3. 28.8.08 Another request to contact Marlin to agree payment arrangements or they will instigate legal proceedings.

 

4 24.10.08 Letter informing me that they have been in contact with Land Registry and will be applying for enforcement of a charging order.(exactly 3 months after agreeing arrangement...is this what constitutes a 'Review')

 

5. 21.11.08 Letter from MC requesting full payment or claim will be issued.

 

6. 29.11.08 Claim form received.

 

Nothing in writing re rejection of payment offer.

 

Anything there I can possibly cling on to towards a seta side?

 

From assignment to court in less than 5 mths despite keeping up regular agreed payments.

[Spamalot]

I Received my POC from Northampton today. Reads as follows.

 

By a credit agreement in writing between HFC Bank Plc and the defendent dated 15.11.1999 (the agreement) HFC agreed to issue the defendent with a crdit card upon the terms and cons. set out therein. In breach of the agreement, the defendent has failed to make the minimum payment shown on the monthly statement. The agreeent was assigned to the claimant on 18.7.08. The claimant served a Default notice on the defendent stating the amount due and requiring to pay the same. The defendent failed to pay and the agreement was terminated.

THE CLAIMANT THEREFORE CLAIMS:

!. £8299.65

2.interest at the rate persuant to the agreement namely 14.56 and continuing until judgement or sooner payment at the daily rate of 1.82 or in the the alternative interest pursuant to secton 69 of the county courts acts 1984. Also interest at the rat pursuantto the Agreement from th judgement date until payment.

 

 

Then there is a table stating.

Amount adjudged..8314.21 Amount claimed..£8314.21

Total costs...£345 Court fee..........£190

Sub Total .....£8659.21 Solicitors cost......£100.00

Payment before judgement. £90.03 Total ........£8604.21

Total .........£8569.18 Date of issue.......28.11.08

Instalment....90.03 Date of service.....3.12.08

Date of judgement 25 feb 09 First payment on 25.3. 09

Reg Date 26.feb 09 Order posted 26.feb 09

Edited April 8, 2009 by Spamalot
typo

[Spamalot]

Further to the above (laptop playing up so posted it before I lost it)

 

My questions are:

 

Does it look as though they have NOT been awarded the interest asked for?

 

What constitutes as a Default notice? Does it have to be stated on the letter that it is a default notice or can they just say pay up or else?

 

If they told me the debt was assigned on one date (20.5.088) and the court a different one altogether (18.7.08 ) could i get them for perjury? A bit tongue in cheek there but is there a little crack there that I could prise open into a gaping great hole???

 

More questions later...will await feedback on these ones first and keep my fingers crossed.

Edited May 3, 2009 by Spamalot

[supasnooper]

Have a read of this thread which has plenty of info on default notices -

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/179944-default-notice-period-7-a.html#post1962004

[foolishgirl]

 

What constitutes as a Default notice? Does it have to be stated on the letter that it is a default notice or can they just say pay up or else?

 

If they told me the debt was assigned on one date (24.6.08) and the court a different one altogether (18.7.08 ) could i get them for perjury? A bit tongue in cheek there but is there a little crack there that I could prise open into a gaping great hole???

 

 

Read the article on defaults as per Supa's post first, then ask ' was this debt assigned after the default notice was issued by the assignee?' If so, it wasn't valid & maybe a gaping great hole for set aside.

[Spamalot]

Thanks FG,SS

Briefly, as I REALLY must get ready for work now!!!

 

Two Default notices received from HFC on 22.6.07 and 14.3.08.

Debt assigned to Phoenix somewhere around june/ july 08 (exact details not sure cos my dates are different to theirs!

No what I would call official default notices from them, just 'ring us to make payment arrangements' and a letter from MC saying pay up or we'll take you to court etc. etc.

Getting Hopeful.....

[Spamalot]

I can categorically say I did NOT receive a default notice in the prescribed form as specified in Cons Credit Act 1974 from Phoenix/Marlin. I only received Correct notices from HFC in 2007 and March 2008 at least 2 months prior to assignment to Phoenix. I haven't received a copy of agreement yet or deed of assignment but is what I have enough so far to go for a set aside?

[Spamalot]

Have SAR ready to send to Marlin...think it may be £10 well spent re discrepencies in Assignment dates and more importantly legal default notices.

Intend to apply for set aside this weekend unless anyone of you out there with more knowledge than me advises otherwise.

Don't want to leave it too long as I hope to be starting a new job end of june and don't want to have to ask for time off the minute I get there to go to Court!!!!

"Also there's the why did you leave it so long?" question.

 

My reasons for set aside would be...

No legal default notice served by claimant,

Bad advice from DMC

Discrepencies over when the debt was assigned.

Telling porky pies on POC re default notice.

 

Do I have enough to start with?

 

Advice pretty please

[foolishgirl]

I can categorically say I did NOT receive a default notice in the prescribed form as specified in Cons Credit Act 1974 from Phoenix/Marlin. I only received Correct notices from HFC in 2007 and March 2008 at least 2 months prior to assignment to Phoenix. I haven't received a copy of agreement yet or deed of assignment but is what I have enough so far to go for a set aside?

 

Are you sure both these were default notices? Could you post them up without personal details?

Missing CCA in itself will prob. not be enough to claim set aside, the DN & assignment issue could look more promising.

 

 

"Also there's the why did you leave it so long?" question.

 

Exactly how long? it's usual to apply for set aside within 14 days of judgment but you could rely on

 

My reasons for set aside would be...

No legal default notice served by claimant,

Bad advice from DMC

Discrepencies over when the debt was assigned.

Telling porky pies on POC re default notice.

for the delay

 

[Spamalot]

Thanks FG.

 

Above are what I hope are the links to the default letters I received from HFC a copy of the POC and a couple of correspondences from Marlin. First time of using photobucket so sorry if it's a bit disjointed.

Edited April 10, 2009 by Spamalot
removal of account numbers

[foolishgirl]

Just had quick look at default notices - you've left your account no. on, suggest you remove these images, edit & repost. Will look at rest later.

 

Question: the first default is for £800+ arrears, the second for £8000+ arrears. Did you not pay anything off in that year? ie. are the figures correct?

[Spamalot]

Edited default hfc 2007 picture by Spamalot_bucket - Photobucket

 

edited hfc default march 2008 picture by Spamalot_bucket - Photobucket

 

Thanks FG. Have reposted as above.

 

Well spotted re the differences in amounts!! Didn't even notice that..

 

June 2007....failed to make MINIMUM MONTHLY REPAYMENTS TOTALLING £802.95.

 

March 2008....Failed to make MINIMUM MONTHLY REPAYMENTS TOTALLING £8973.92!!!!

 

The £8973.92 is actually the total arrears...ie whole debt not minimum payments.

 

Another loophole???????

 

The total debt in June 2007 was 9,695.44 and I had been making regular payments of just over £90 pm prior to both default notices being served and ever since.

I have never missed a payment as far as I am aware. The only possible time would be in the interim when I handed the control of payments over to my DMC. (Which I no longer use due to their bad advice!)

 

I do have the second pages of both defaults....do you need me to upload them too?

 

Thanks again for your help so far.

[fedupwithdebt2009]

Subbing

 

Phoenix/Marlin/Mortimer Clark Sols again!!!!!

[Spamalot]

Noticeofassignment.jpg picture by Spamalot_bucket - Photobucket

 

ICDS Acceptance picture by Spamalot_bucket - Photobucket

 

 

Letter aug 2008 picture by Spamalot_bucket - Photobucket

 

 

Letter from Mort picture by Spamalot_bucket - Photobucket

 

 

POC picture by Spamalot_bucket - Photobucket

 

Letter re land reg picture by Spamalot_bucket - Photobucket

 

 

 

 

Reposted link to corres from Marlin and HFC

[Spamalot]

Bumping for advice.....do I have enough for a set aside?

 

Bad advice from DMC

Dodgy default notices from HFC

No default notice from Phoenix/Marlin in the prescribed form after the debt was assigned.

Claim that Marlin sent default on POC....Porky pie...unless they count threat letters re court action prior to cour papers arriving as a default!!

 

Need to get the ball rolling as soon as poss on this one due to time delays already..:-|

[Ross-co]

Not wishing to spoil anything but do the assignees have to issue a default notice or can they rely on a default notice already issued by the OC.

 

If the assignment is absolute then it stands to reason that the assignee is placed in the same position as the OC, and if the OC has issued a DN then by virtue of the assignment the assignee is held to have done all that the OC has already done.

[MARTIN3030]

No set aside is 100% guaranteed-but looks as though you do have grounds here given the situation.

[MARTIN3030]

An assignee does not have to issue a further default notice,but it should be re-registered in the assignees name.

[MARTIN3030]

Have a look here.I think its 7th link down.

 

 

Technical guidance notes - Information Commissioner's Office (ICO)

[Spamalot]

Thanks for the advice, Greatly appreciated.

I take your point re default notices etc.

Is it any value to me that the last default sent to me by HFC prior to assignment was incorrect and therefore perhaps not valid?

 

If so, would the default issued a year earlier come into play or what??

 

(As I said on an earlier post my credit report shows 2 defaults for the same debt. one from HFC and One from Marlin.)

 

AND as Marlin had agreed payments with my DMC after the default and they were paid regularly is It still in default as such?

 

Just general queries to try and get some facts straight...thanks

[MARTIN3030]

The default thats recorded on your Credit file should mirror the status-that is to say any amount showing there should reflect the amount that remains owing.

There should be a date giving the last updated status-whilst some creditors will say that there is only an update on a monthly basis-many have direct access to CRA databases and are therefore free to make corrections and amendments when they want to.

[robcag]

Just checked my Experian report and I found it a bit confusing.

says....HFC Default balance £9966....current £8613....

Marlin Default £9966.....current £8384.

Same debt different balances....appreciate the difference may be where I have been making payments to Marlin since the debt was assigned BUT

Why is the same debt on there twice and why does it say I've defaulted to Marlin when I've never received a default notice from them?

Report looks like I've got two different debts defaulted on when it's the same one!!!

Expert help here please

 

I've not been playing ball according to how Marlin/Phoenix/Mortimer Clarke would like me to play, so I think they may have spat the dummy. I subscribe to the monthly service for the 3 main credit reporting agencies at www.checkmyfile.com and sometime since last months reports and this months, Marlin/Phoenix have registered 2 defaults against me which are already also being reported and updated monthly by HFC, naughty naughty.

 

 

 

Edited default hfc 2007 picture by Spamalot_bucket - Photobucket

 

edited hfc default march 2008 picture by Spamalot_bucket - Photobucket

 

Thanks FG. Have reposted as above.

 

Well spotted re the differences in amounts!! Didn't even notice that..

 

June 2007....failed to make MINIMUM MONTHLY REPAYMENTS TOTALLING £802.95.

 

March 2008....Failed to make MINIMUM MONTHLY REPAYMENTS TOTALLING £8973.92!!!!

 

The £8973.92 is actually the total arrears...ie whole debt not minimum payments.

 

Another loophole???????

 

The total debt in June 2007 was 9,695.44 and I had been making regular payments of just over £90 pm prior to both default notices being served and ever since.

I have never missed a payment as far as I am aware. The only possible time would be in the interim when I handed the control of payments over to my DMC. (Which I no longer use due to their bad advice!)

 

I do have the second pages of both defaults....do you need me to upload them too?

 

Thanks again for your help so far.

 

FYI, both the default notices linked to above are invalid as neither of them gives you the required 14 clear days after allowing for service by post (even assuming 1st class post).

 

Did you ever remedy either of these DN's, ie pay the amounts demanded by the date to remedy? If not in the case of the first, then I suspect the second may have been issued because HFC may have realised that the first was invalid due to the reason above so they attempted to get it right at the second attempt. However, as they are dummies, they got it wrong again, that is unless they sent it Special Delivery or similar and can prove you received it in time to allow 14 clear days after receipt.

 

Regarding the second page of both DNs, I wouldn't be surprised if they said they would terminate the agreement if you didn't comply by the date given?

 

 

 

Noticeofassignment.jpg picture by Spamalot_bucket - Photobucket

 

ICDS Acceptance picture by Spamalot_bucket - Photobucket

 

 

Letter aug 2008 picture by Spamalot_bucket - Photobucket

 

 

Letter from Mort picture by Spamalot_bucket - Photobucket

 

 

POC picture by Spamalot_bucket - Photobucket

 

Letter re land reg picture by Spamalot_bucket - Photobucket

 

 

 

 

Reposted link to corres from Marlin and HFC

 

Regarding the link above to the alleged NoA, I've received similar ones from Marlin (some peoples were slightly different). I'm not 100% sure, but I've read on here somewhere that a NoA has to state the amount of the alleged debt which is being assigned to be valid. Yours does not (neither does mine). That's apart from the fact that the NoA is not deemed served unless it is sent by some form of recorded delivery.

 

Good luck!

Rob

[Spamalot]

WOW...Thanks Rob, I did not receive either notice by Special delivery and I did not take any action to remedy...I just carried on making my agreed payments via My DMC.

 

As the second default also has the wrong amount on the 'nature of the breach' does that make it a double whammy?

 

I can also confirm that I did not receive the NOA by any kind of recorded/special delivery but like a dumbass I did admit to having received it in writng when I wrote to MC requesting the copy of the Deed.

DUH!

[Spamalot]

Ok, I'm about to get to grips with my n244....any advice on Q.10 please

[robcag]

WOW...Thanks Rob, I did not receive either notice by Special delivery I didn't have the slightest expectation that you would have! and I did not take any action to remedy...I just carried on making my agreed payments via My DMC. If you definitely did not remedy the first DN, and if it said on page 2 that they would terminate the agreement if you failed to remedy, then you can take them at their word that the agreement was terminated, and you can argue that the 2nd DN is irrelevant (even though it is in fact invalid for the reason I gave above, let alone the default amount stated being incorrect).

 

As the second default also has the wrong amount on the 'nature of the breach' does that make it a double whammy?

 

I can also confirm that I did not receive the NOA by any kind of recorded/special delivery but like a dumbass I did admit to having received it in writng when I wrote to MC requesting the copy of the Deed.

DUH! It might be worth trying to get some expert opinion on what I said above about the NoA being invalid if it doesn't state the amount of the alleged debt. It sounds pretty logical to me that you should be informed of that fact on a NoA, but we all know by now that not everything is logical in this game!

 

Cheers

Rob