MARLIN - Proposed Claim for Costs Any Advice Welcome

[paulolindum]

I am just about to make a claim for costs involved with defending myself against a tirade of harrassment and bad practice from Marlin and its associated Legal teams. I have already got the Fin. Ombuds. involved but wish to build on my positive outcome from the court regarding my Charging order.

A brief summary of last two years.

 

Oct 07 HSBC Pass debt to Marlin. Marlin contact me to pursue debt

Nov 07 Telephone calls get nowhere. Decide to put all in writing.

Dec 07 Marlin engage LRC(Sol.) to gain CCJ. I offer £10/m plus I&E details

Jan 08 Marlin reject £10 offer

Feb 08 LRC successfully gain CCJ for...£10 per month! I request details of WHO to pay it to and HOW to pay it, from all three parties(Court, Solicitor and Marlin) Court is only one to reply to suggest contacting client via their counsel. No replies until too late before deadline to set up S/O or DD. Solicitor suggests contacting client. They still stall and I have to make frantic calls on day of first payment to get info. Am finally given bank account details but have to pay cash over counter for first payment and second payment is set up via ongoing S/O.

Mar 08 Receive letters from Marlin stating that I have not adhered to CCJ terms and they shall be seeking Interim Order and applying for Charging Order against my property!

Apr 08 The paperchase begins in earnest. Marlin very slow to reply to letters, different departments replying each time, no name to reply to, and no correspondence from thier solicitors who have now changed to Young & Pearce!

Ongoing 2008 Letters to and fro with me providing proof of postage, payments, Standing Orders and Bank Statements supporting my claims

September 2008 Banking error causes one payment to be missed. This is again resolved by over counter payment.

November 2008 Application for charging order received and transferred to Guildford! I live in Lincoln! False statement signed by solicitor claiming non adherence to CCJ and 4 months arrears! Untrue

December 2008 Copies of all bank statements and S/O credits sent to all parties. Still no replies from Solicitors.

Jan - Apr 2009 Multiple copies of proof sent to all parties to no avail, proceedings continue to loom. Helpful calls to court suggest letter to Judge with full testimony and court bundle. All provided.

May 2009 No word from any party up until Thursday before Monday hearing. Frantic faxes and calls to court seeking advice on what to do. On On Friday before the hearing I call the uncommunicative solicitors only to find out that they had requested 'Vacation of Hearing' on the Wednesday.

Nobody had informed me but at least the judge had read my letter and referred to it on the Order Discharge papers.

June 2009 Commenced dialogue with Financial Ombudsman who considered my case to have some strength.

 

Meanwhile, I am cataloguing my correspondence and preparing my N1 form in order to make a claim for costs against Marlin to the tune of nearly £300.00 !!!!

 

 

ANY ADVICE WELCOME....

[I've got no money]

I don't think that its' an N1...

 

If you are seeking costs arising from the charging order that should have been dealt with at the conclusion of their application - in your letter to the court did you ask for a costs order.

 

A more important point is were they actually ever entitled to a CCJ in the first place. Could you post a copy of the Summons, the CCA, any Default Notices etc

 

Who was the claimant? Was it HSBC or was it Marlin - if it was Marlin have you got a copy of the Notice of Assignment - if so could you post it as well

 

Anything which identifies you needs to be removed - names, account numbers, addresses, amounts etc

[paulolindum]

Hi there.

I'm seeking costs involved with the corrspondence pertaining to the whole case after I made a formal offer of £10 per month, which was duly rejected only for judgement to be made for the same amount. The main reason for the costs involved is that the triplicate copies sent out by Reg post were all ignored, for nearly a year, even though they contained compelling evidence contrary to their claim.

 

I'm afraid i can't scan deatils up online as don't have facility but i'll certainly look through the papers for any specific item you mention.

 

Have just sent off my 2nd LBA to Marlin and started a further complaint with the OFT.