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

[foolishgirl]

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

 

Yes, these are all the charges you can reclaim, also if any default notice they may claim to have sent you has a balance that includes these charges, it can be challenged. In preparation for your set aside being granted, you could add this as a counterclaim to any defence you submit. Get it totted up

Also...I'm assuming that Billed Finance Charge = Interest, But can anyone tell me what Billed Deferred Finance Charge is?...

 

No idea - have you tried looking/asking in the HFC forum, it might be a quirk particular to HFC

 

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

 

You think?!

 

r&b's points re. the lack of CA are all very valid, however not all DJs will dismiss a claim just on this basis (although they should) & you need to have a series of back-ups to thwart their evil plans.

[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:

[r&b]

hi spam, i saw someone post these up to help with int calc:

 

these r the help notes:

http://www.consumerforums.com/resources/templates-library/51-guidance-notes/233-interest-tutorial

 

this is spreadsheet:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets.html

 

gd point abt the payments on the CCJ id like to know that myself.

[foolishgirl]

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.

[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?

[foolishgirl]

I think, if you get the set aside, the DJ should order the return of payments automatically but if he doesn't you can ask. However don't take my word for it, others will perhaps confirm or otherwise.

[r&b]

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...

 

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!!!

[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:-?

[foolishgirl]

 

Reminder going in the post today. Is it just the same letter with REMINDER written on it

 

That's fine spam

[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

[I've got no money]

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

[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.

[I've got no money]

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.

 

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

[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!

[foolishgirl]

 

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?

 

 

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

 

If so, that should produce the info that a SAR would produce & if they don't come up with the goodies, they're unable to produce a convincing prosecution aren't they?!

 

So at the moment, no need to send a second request on the SAR - what you have is apparently all they've got. :D

[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.

[I've got no money]

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.

 

Ultimately the 31.14 should produce the information

[fedupwithdebt2009]

 

Between them they have produced pretty much nothing.

 

 

SNAP Spam!!!!!

[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

[foolishgirl]

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.

 

That's fine spam except give a specific date here eg. 27 May 2009 then they have no escape route by claiming an incorrect date of receipt.

[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