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

[Spamalot]

Thanks again FG...it does read better that way.

 

I have been looking again at the transcript timeline which is reasonably intelligible and have noted that there seems to be a complete and utter c**k up by my DMC and possibly MC too. would welcome your opinion.

 

posts in red are my notes and those in blue are from transcript.

 

29.11.08...received form N9a...sent to DMC as advised.

6.12.08 received returned N9a from DMC told to sign & send to MC sols without delay.

8.12.08 N9a signed and sent as advised.

 

Having received copy of N9a in SARS request I have noted that DMC has filled in the box for partial admittance with the full amount claimed. (!?!)

 

16.12.08 MCS- part admission received admits xxxx.xx and offers installments of xx.xx.

 

19.12.08 MCS-dbtrs has not filed a defence with p admission-ltr to court requesting judgement be entered in full amount.

 

30.12.08 MCS call received from DMC asking balance. Stated we cannot advise until judgement received. Also asked if received N245. Advised not yet received from court....

 

 

The rest is history.

 

I have not seen hide nor hair of an N245!

Could this show of DMC incompetence be used as evidence towards my set aside?

 

The fact that I wasn't informed by either party that

a) the form N9a hadn't been filled in correctly,

b) in the case of a partial admission the form should have been sent to the court and not to claimants solicitors.

c) The DMC seems under the impression that an N245 was submitted but nobody (including me) seems to have seen it !

 

Should one of the parties involved have informed me that there was something amiss in these proceedings and that the N9a had been filled in incorrectly or is it ok to get a judgement in a hurry before the defendent finds out?

The more I look into this business the more amazed I get!

 

Comments and all advice welcome. ( Apart from Spam's an idiot... should have read the form properly before signing and sending.)

[Spamalot]

Further to SAR. Should I also have been given copies of corres between my DMC and Marlin/MC as they are about me and my finances?

 

I note that there are mentions of faxes and letters between them with offers of payments and rejections but I have not been sent anything in my SAR bundle relating to these actions.

Does anyone know If I am entitled to have copies of these?

 

?????

[Spamalot]

Thanks R&B..comments appreciated and taken on board.

I haven't had a date for the set aside hearing as yet and I am, as you can see, gathering as much evidence as poss for my draft defence should I get a crack at it....but I'm also trying to get as much evidence together to support my claim that I was led up the garden path by my DMC and that I admitted the claim through ignorance and their unsound advice.

Don't want the DJ to say ' well you admitted it so what are you whingeing about go away and stop wasting my time!'

So far as you can see I have done CCA request (1st April 09) and SAR (9th April 09)to Marlin....no joy regards CA so far. I have also SAR'd HFC (8th April 09) no reply whatsoever from them to date. not even a T&C

 

How long d'ya think I should give them before sending CPR?

 

Thanks again

[Spamalot]

I agree with r&b - concentrate on the set aside first.

 

Re. your defence & the relevant docs. you can ask for those at that time. Sorry if you've stated it already but is the claim over £5000 i.e. fast track rather than small claims?

 

Hi FG, the claim is for over £5000 therefore I assume fastrack...whatever that might mean! :?

[Spamalot]

[quote=I've got no money;2135586

Sorry to stick my nose in but...

 

I think that you need to become pro - active the CPR 31.14 letter - allowing 7 days for a reply needs to go off immediately by first class recorded - if you have access to a fax - so much the better.

 

If you've already done the 31.14 letter and had no reply - another letter enclosing a copy of the 1st letter - give them a further 7 days to reply and tell them if they don't that you'll be applying for an order.

 

Can I just clarify - they have a ccj - what was the order - was it an instalments order or was it forthwith

 

Hope that's useful

 

All input welcome IGNM.

Thanks for your comments....the CCJ was for an 'assigned' credit card debt for over £5000 which I have been ordered to pay back in instalments.

[Spamalot]

It would mean you would be liable for the other side's costs if you lose

 

However on the bright side, it means you can use CPR31 to your advantage

 

 

Yikes:eek::eek: Best make sure my defence is as watertight as poss then!!!!

 

I've been preparing my CPR request and I am now confused as to which rule I am requesting it under.

 

Having read the Stickys I see there is a 31.4 and a 31.6.

 

As I am going for a set aside hearing (date not set as yet)of judgement already in force which one do I use??

 

Help please...is it PTs or X20s

[Spamalot]

think u mean 31.14/31.16. IGNM advoates 31.14 in post above. i think from memory x20 posted that.

 

Thanks.

[Spamalot]

think u mean 31.14/31.16. IGNM advoates 31.14 in post above. i think from memory x20 posted that.

 

31.16 is pre - action so not relevant

31.14 is the one that you use - as r & b points out I advocate using X20's version

 

You need to get the request done ASAP

 

Thanks peeps....on to it now:-)

[Spamalot]

Ok, If anyone's out there..help on this bit please..

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court. (I assume I put the date of original claim back in December and Northampton CC)

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. ( This is where it gets tricky...due to c**k up of DMC...partial admission of full amount was sent to claimant and not court!!! Therefore no defence was submitted and CCJ was awarded....so what do I put here if anything?

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered] (no request sent prior to judgement but 2 ca requests sent prior to set aside hearing so far)

 

The rest I can cope with...

 

Any advice please.

[Spamalot]

in the abscence of advice I have done this....

 

On 29th November 2008 I received the Claim Form in this case issued by you out of the Northampton County Court, and subsequently received a judgement against me.

 

I am applying for this judgement to be set aside and it is my intention to defend the whole claim.

 

Prior to this set aside hearing I have delivered two requests for the production of the agreement mentioned in the Claim Form and on which you rely. That request has been unfulfilled to this date.

 

Comments /input/ PLEASE;)

 

This is in regards to the wording of CPR request based on x20's draft

Edited April 30, 2009 by Spamalot
clarification

[Spamalot]

I have at last received something in the post as a result of my SAR to HFC.

It is a list of exactly 6yrs transactions......still no 'balance' on there though.

 

Can anyone please tell me what I should be looking out for in respect of unlawful charges etc. Bearing in mind this was a credit card agreement.

Thanks peeps.

[Spamalot]

Further to the above....

 

Having gone through the list of transactions, I have picked out the following;

 

Aug 03......£20.....Late Charge Assessment.

May 04......£25.....Late Charge Assessment

July 04.......£25....Late Charge Assessment

Oct 06.......£12....Late Payment Admin Charge

Nov 06.......£12....Late Payment

Dec06........£12.....Late Payment

Jan 07.......£12......Late Payment

Feb 07.......£12......Late Payment

Mar 07.......£12......Late Payment

Mar 07.......£12.....Overlimit Charge.(Bearing in mind I'd been trying to arrange payments with them since Oct 2006 and it's their charges that put me over the limit!!!)

 

Also...I'm assuming that Billed Finance Charge = Interest, But can anyone tell me what Billed Deferred Finance Charge is?...These seem to be regular small amounts added on the same day as the Interest .....although as there is no actual balance at the begining or end of this statement Who knows whether it's been added or taken away!!

 

These sheets are the sum total of my SAR...

Not a whiff or a mention of a CA.

Not a whiff or a mention of an Assignment.

Not a copy of a default notice or two...

NOTHING......How that cost me £10 I don't know!!!

 

Perhaps there's more to come and they're sending it seperately.:idea:

 

Oh yes, The covering letter was from 'Beneficial', and it states that my July 2008 to March 2009 Statements are not enclosed as there's been no activity on my account for that period.....Strange seeing as they've 'sold' it to Phoenix that they don't seem to know about it.

[Spamalot]

Thank you both again!

Looks like I've got a lot of math to do seeing as these charges date back to 03....the interest on them and then the interest on the interest etc...jeeze how do you work it all out....should think they'll end up owing me;)

 

Anyway just to keep you updated...Rang Northampton cc today to see how things were going and they told me it had been transfered to my local court.

Rang my local court who told me that it hasn't been listed yet but due to a backlog it probably won't be heard for another 6-8 weeks...which coincides just nicely with me starting my new job and a 5 week training period:( so I now have to write to them and give them dates to avoid which I won't really know til I start the job....are you with me?

Gotta get my head round that one...think I may pay them a visit Monday and see what I can do.

 

Still no sign of a CA etc. or even an excuse of one or where it might be.

 

I do have a question though.

 

As I have been paying my ccj regularly and obviously will do until the set aside hearing.....If the judgement is set aside and then eventually struck out would I get the money back that I've paid since the order?

Cos obviously the longer this goes on the more money they're getting out of me cos I can't dispute it.

Sorry to sound so green on these matters but sometimes I need these things in black and white to understand.:oops:

[Spamalot]

hi spam, i wud say any charges. the fact that they are there at all without an agreement to back them up makes them unlawful after all how cud they chge interest when u have no stipulation as to the rate charged, how cud they charge penalties without any stipulation as to the level of chge, or why it was charged, etc ,etc? i think they wud just all get lumped together in any defence anyhow.

doesnt seem like a proper SAR reply to me, no bal on statements!!! no CA/DN/NOA is gd news at this point i wud say. have they previously sent u anth to go on at all, like a blank agreement or smtg like that?

have u dun the 31.14 rqst yet?

 

 

Hi R&B,

No, I haven't seen a blank agreement or anything...not even a T&C from HFC (OC) or Marlin/Phoenix.

The sum total from both SARs is a bunch of gibberish from Marlin and a list of transactions from HFC...as I said NO balance NO default Notices NO termination of agreement.....ZILCH!

I sent My 31.14 request off last week and 'cause of the bank holiday I've given them til Monday to reply before I send off the reminder.

Perhaps they're trying to lull me into a false sense of security.

 

BTW Thanks for the info on calculating the charges etc...the trouble is, without a balance I can't do the spread sheet thing! So I'm stumped for the time being...

 

I shall wait and see what tomorrow brings.

[Spamalot]

If a CCJ is set aside, it is as though the clock is reset to the start of the claim against you so any payments made under the CCJ order should be refunded to you.

 

Thank you FG.

Does that mean that you don't have to wait for the claim to be struck out completely before you can claim your payments back, and if so, how would you go about it?

 

I know I'm getting ahead of myself here as I've not even got a hearing date yet(!) but would this be something arranged between claimant/ defendant or does the court make an order for funds to be returned...just out of curiosity?

[Spamalot]

mm gd point. there is a simple calc in the bank charges section on www.moneysavingexpert.com if u go thru, which if i remember rightly simply calcs the interest from the date of the charge and adds them all together, giving u a printable table at the end. might be worth a look if it gives u a start and its smth to add to ur case in tha absence of a balance....shocking!!!

 

Thank you for that R&B...

 

Current Update.

 

Surprise, surprise, no reply to my CPR 31.14 request.

 

Reminder going in the post today. Is it just the same letter with REMINDER written on it or is there something else I shoud send?

I looked at x20 thread again but got lost in all the posts and comments and gave up..

 

Cheers:-?

[Spamalot]

I have today received a rather amusing little piece of correspondence from my friends 'Mortician Clerk' ( see how my confidence grows with CAG )

 

It seems they have ignored my first CPR request but decided to reply to my reminder.

 

They have sent another! copy of their defective NOA totally sidestepped the DN and TN issue and say they have again requested a copy of the agreement and statements!! I'm beginning to think they'll need sniffer dogs to find them.

 

They also included another copy of the claim/admission form and wrote.

' Further to your comments in your letter we note that you intend to defend the whole claim however please find enclosed copy of your Admission form where you have indeed admitted the amount of £xxxx.'

 

Tempted to say that's not my writing it's my ex DMCs but heigh ho.

 

The question is..

Should I take that reply as 'we can't find it' and start the next step (N244 is it?)or should i give them a few more days to see if a miracle occurrs?

 

Thanks for your time and wisdom.

Cheers Spam

[Spamalot]

Just cofirming....I am right that I should only use CPR request on Phoenix/Marlin/MC and not the OC?

 

As I haven't had confirmation that the alleged debt was assigned absolute having not seen the deed It gets a bit complicated..

I have been going on the assumption that its Phoenix/Marlin/MC that took legal action so it's up to them to produce the goods so to speak.

 

Please correct me if I am wrong.

[Spamalot]

I'd do another letter and tell them that they've got - give them another 5 working days to produce the docs or you will apply for an Order. Then if you don't get the stuff make an application

 

Thanks IGNM...will do.

[Spamalot]

You're right - you deal with the claimant who is represented by MC

 

Thanks IGNM.

 

Further to that, as stated previously, the result of my SAR to the OC was just a statement of transactions for a 6 year period with no starting or ending balance.

 

At the time, I requested the CA, DNs,TN, NOA's etc. along with statements but that is all I was sent and there was no mention of the other requested paperwork.

 

Do I need to get back to them to request this info a second time just to prove I've tried my hardest to get all the info I need for my defence or should I just accept that as a full and final reply to my SAR and leave it at that?

 

Sorry to be a pest but I wan't to make sure I've covered everything and they are the ones that are proved to be at fault and not me!

[Spamalot]

Thought you'd sent CPR31.14 to the sols, spam?

 

Thanks FG,

 

Yes, so far to the sols for Marlin I've sent CCA (s77/78 ] request before sending setaside application, SAR, CPR31.14 and a reminder. Going to jolly them up again next week with a Final reminder before sending N244

 

To OC all I have sent is a SAR with the result as above and am assuming that as you say, if they had anything else they would have sent it by now.

 

Between them they have produced pretty much nothing.

[Spamalot]

I have my CPR reminders etc printed off and ready to send today.

 

I have composed a short cover letter to put in with them and would welcome any editing neccessary.

 

Dear Sir/Madam.

 

Please find enclosed reminder copies of letters I have sent to you in recent weeks.

 

To this date you have not replied with the exact information requested and appear to be frustrating my attempts at forming my defence to this claim.

 

I have highlighted the relevant areas and would ask that you furnish me with the information requested within FIVE (5) working days of this letter.

 

Should I still not receive the documents requested within this time frame, I will have no choice but to request the courts intervention of their production, which as you are no doubt aware will involve unnecessary costs and ultimately waste the courts time.

 

 

Thanking you in anticipation of your speedy reply to this matter.

 

Yours Faithfully

xxxxx (name not kisses! )

Thanks. Spam

[Spamalot]

Thanks FG....done and dusted.

[Spamalot]

I have today received a reply to my jolly up letter of the 19th.

 

The envelope contained a few intersting things but STILL NO AGREEMENT!

 

Anyhow, They have sent me the statements at last which I will go through later today, a 'retyped' copy of the MARCH 2008 default letter which miraculously has been dated a day earlier than the one they sent me but still has the wrong amount on. They did not enclose the one back from 2007 though.

What I did find really interesting though was this letter;

 

 

 

It's dated the same day as the one I wrote to them and comes from HFC informing me of the assignment of my agreement to CARVAL INVESTORS on 21st MAY 2008.

 

What I find really strange is that according to my so called NOA from Marlin the alleged debt was assigned 20th May 2008 to Phoenix Recoveries. Who the cripes are Carval Investors when they are at home and what the feck do they have do with this whole chuffing nightmare!!!!!!

The POC states that it was assigned 18th July 08 to Phoenix...

Could all these discrepencies be used to my advantage in my defence or will they be put down as typos.

 

Cheers,

Spam

Edited May 23, 2009 by Spamalot

[Spamalot]

Further to the above....

 

I have been through the statements and checked the amounts etc.

There are the unlawful charges as mentioned before which also renders the Default notices defective but what i'm interested in knowing now is...

If an agreement with the OC is terminated (via defective default notices) does that also mean that the 'agreement to pay interest on the sum that has been assigned' is also terminated?

Having totted everything up, the figure quoted on the assignment above, minus the several instalments I've paid to Marlin in the interim don't add up to the amount quoted on POC unless you add approx £45 per month interest.

 

I know that so far I have unearthed a mountain of mistakes to aid my defence and I'm just wondering If I can add another.

 

I can't believe just how many ridiculous things these people are doing!

 

Three defective default notices.

Three defective assignment notices

No official notice of termination of agreement.

No agreement seen so far...( maybe they think why terminate an agreement that doesn't exist! )

 

Should I persue the route of getting the agreement disclosed by court intervention at this stage as it's only a set aside or wait and see the outcome and request it at the hearing?

 

I seem to have oodles of reasons for the set aside to be granted so far but do you think I should wear belt and braces to make sure?

 

I swear they are trying to confuse me into submission!

Edited May 23, 2009 by Spamalot