Marbles Taking Me To Court

[texanbar]

Hi everyone,

 

And here's another thread from me !

 

On 2 July 2008 HFC (marbles) sold my credit card debt to CL Finance and I have continued making reduced payments. I've got a Notice of Assignment from them.

 

I did my CCA request back in January 2009 and also got the infamous application form.

 

Shall I send the unenforceable letter to CL Finance Limited. Think I will be stopping my payment this month and donating it here instead!:grin:

 

Has anyone else had their debt sold on?

 

x:)x

[texanbar]

Hi everyone,

 

Sorry to do this, normally I can find what I need to send... think my brain has turned to mush with my Natwest case.

 

Following my CCA request in January this year, I received a poor copy of a Priority Application Form and T&C's from HFC Bank for my Marbles Credit Card.

 

They have also stated they sold my debt to Lewis in April 2008. Are Lewis the same as CL Finance? and I received my Assignment Notice from them (CL Finance) 2nd July 2008!

 

Can someone point me in the right direction as to which letter I can send to CL Finance regarding Marbles sending me an app. form. It does not state any credit limit, interestingly looks like the PPI box is greyed out so think I may have ticked this box. Any advice would be greatly appreciated.

 

Thanks

x:)x

[PGH7447]

lewis is the parent company of clueless, these people think nothing of starting court proceedings so make very sure the agreement is invalid, have you posted it up on here to get it checked out?

[texanbar]

No I hadn't, here it is... sorry about the poor copy but this is what I received.

 

x:)x

marbles150709.pdf

[ihpj]

Thats what HFC sent me insisting that that is in some way a 'true copy' - where are any of the prescribed terms I asked them? They pointed to the small print in your signature box - which I don't think is quite right I'm sure someone with experience will be by shortly to give a definitive answer.

[PGH7447]

I cant open it!!

[pedross]

Try again PGH it opened for me straight away. Typical Marbles application, very poor quality and no prescribed terms.

 

Someone on another forum won with a similar agreement which was judged unenforceable.

 

PGH is correct CL will commence court proceedings without batting an eyelid if they have got a good case or not so get prepared first before you stop paying.

[texanbar]

Thanks pedross.

 

It is tempting especially as I also read the thread where someone did win on another thread... but , Yes, I think I will probably keep this one until last, have also a Natwest and Tesco card which I might pursue first!

x:)x

[pedross]

Hi Tex

 

I didn't say don't pursue it. In fact please do as it is probably unenforceable. you need to look more into the threads and get an idea of you next steps.

 

What I said was keep paying the agreed amount to CL while you are writing for further information. You are right the prescribed terms are not there and what they are suggesting is that in the signature box it refers to the terms but that is not good enough. Where are they then and do they comply, probably not.

 

Put this one first, you probably onto something.

 

Pedross

[gazab41]

hi I have a question for everyone I am strugling to repay a number of debts which i shall leave out now what i will say is am on payment plans with most however I am trying to get to the botom of Marbles i had card at some time between 1999 and 2001 it endend up with a limit of £800 which i belive i maxed it out however by march 2005 there were £439 arrers showing had letter dated march 05 saying as i was paying at least 1/2 contractual payments could set up reg payment for set amount which turned out to be £12.50 had over a year with no statments then descovered it had gone up to more than i owed orig this figures is now being looked at again have tried to resolve this on manny occassions belive i should owe approx £550 probley no more please help have been told HBos who have taken over marbles dont have much info and they need to request from beneficial whereas my agrement was with HFC i prob do owe them something they pos owe me would it be worth persueing CCa also payment protection was orig on this as found one very old statment help needed thanks

[texanbar]

Hi Pedross,

 

Many thanks, might start with my letter to them tomorrow.

x:)x

 

Hi Tex

 

I didn't say don't pursue it. In fact please do as it is probably unenforceable. you need to look more into the threads and get an idea of you next steps.

 

What I said was keep paying the agreed amount to CL while you are writing for further information. You are right the prescribed terms are not there and what they are suggesting is that in the signature box it refers to the terms but that is not good enough. Where are they then and do they comply, probably not.

 

Put this one first, you probably onto something.

 

Pedross

[texanbar]

Hey Gazab,

 

It would be adviseable to create your own thread so that people can respond to your questions more easily rather than re-reading other peoples threads in between.

 

In the first instance I would either do a CCA request (you need to send a £1.00 fee, I always use postal orders) and use a template letter from the CAG library, or you could send a £10 fee and do a SAR request. The Subject Access Request, is supposed to give you copies of all account transactions, and other data they are holding on you. From this you can identify why you have believe their is a discrepancy to your balance.

 

Good luck and keep us all posted.

x:)x

 

 

 

hi I have a question for everyone I am strugling to repay a number of debts which i shall leave out now what i will say is

am on payment plans with most however I am trying to get to the botom of Marbles i had card at some time between 1999 and 2001 it endend up with a limit of £800 which i belive i maxed it out however by march 2005 there were £439 arrers showing had letter dated march 05 saying as i was paying at least 1/2 contractual payments could set up reg payment for set amount which turned out to be £12.50 had over a year with no statments then descovered it had gone up to more than i owed orig this figures is now being looked at again have tried to resolve this on manny occassions belive i should owe approx £550 probley no more please help have been told HBos who have taken over marbles dont have much info and they need to request from beneficial whereas my agrement was with HFC i prob do owe them something they pos owe me would it be worth persueing CCa also payment protection was orig on this as found one very old statment help needed thanks

[texanbar]

Dear all,

 

I'm going to send another letter but not sure if this needs to go to HFC or CL Finance, (as my debt was assigned to them). Can someone please advise.

 

I found this one from the library - is this the next one I should be sending to them, or is there another one more appropriate to the fact they have sent me an application form? Any comments, as always, would be appreciated.

 

x:)x

 

Dear sir/madam

 

Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing an personal data relating to me on this matter.

 

Yours faithfully

[texanbar]

Okay, on a massive roll today and following my CCA request back in January and receiving an application form and T&C's have just sent off Account In Dispute letter.

 

Update to follow when I get a response

x:)x

[pedross]

Did you get a response?

[texanbar]

Hi everyone,

 

Okay, I received a letter from CL FInance dated 30th September, completely ignoring my letter, but instead saying I have failed to make the agreed payment. I sent them an Account In Dispute letter, but think my next letter will be one I read in the COnsumer Credit Agreements folder which states that I have an application form without prescribed terms.

 

Will keep you all posted.

x:)x

[texanbar]

Hi everyone,

 

Just to advise that today, received a claim form from CL Finance who want to take me to court.

 

Now that my uncles funeral is behind me, just wanted to post this up today, so I can start asking for help with the claim form.

Warm regards everyone

x:)x

[pedross]

Hi T

 

Have you got the default notice from before they sold the account on, if so it would be useful if you posted it up. When you say you have a claim form from CL do you mean from the court?

 

Pedross

[texanbar]

Hi Pedross,

 

Just got my file out. No never received a DN from HFC before they sold the a/c on. Yes, apologies, I wasn't very clear, yes it is indeed a claim form from the court.

x:)x

[texanbar]

Hi everyone,

 

I would be very grateful if anyone could advise/help me when I need to get my defence together on my claim form from the courts. I'm just doing the AoS bit now with the intention of disputing the whole claim.

 

Many thanks

x:)x

[pedross]

Hi Tex

 

You need to submit the AoS within the 14 days and the defence another 14 days.

 

Has the claim been issued by CL finance or Howard Cohen. Does the claim include costs for CL finance on top of the court costs.

 

Are you sure you do not have the DN from HFC they normally issue one.

 

Also change your thread title and add - help - court claim issued! I will try and help you as much as I can but I am tied up at the moment. If you get stuck PM me.

 

Pedross

[texanbar]

Hi pedross,

 

I really appreciate you offering your valuable guidance.

 

I can confirm 100% that I have never received a DN from HFC or CL Finance ever.

 

The claim form is from CL Finances' sols - Howard Cohen & Co. PoC details are: defendent failed to make payment and a default notice has been served upon the Defendant.

 

Yes, claim does include costs for CL Finance on top (breakdown is Claimant costs are approx £1700 + Court fee £75 + Sols fee £80 total just under £1900).

 

I will scan around other similar threads regarding Marbles and complete the AoS / Defence. If I do get stuck, I will take up your offer and PM you. Thanks

 

The mods have kindly changed my title as well. Thank you.

 

x:)x

[Spamalot]

Hi Tex... here's a nice marbles thread for you..

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192275-ccj-interest-debt.html

 

Spam.

 

PS... you might want to get your thread moved to Legal issues forum... you'll get great help there.

 

 

Last Post.

[texanbar]

Hi Spammie,

 

That's great, thanks hun. Will take a good look after I collect the girlies from school.

x:)x

[texanbar]

Okay, about to sort out my AoS. To share the details with you, this is what the PoC says:

 

 

The Claimant's claim is for the sum of £1xxx.xx being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and HFC Bank Limited under reference ############## and assigned to the Claimant on the 4th April, 2008 notice of which has been given to the Defendant.

 

The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974.

 

The Claimant claims the sum of £1xxx.xx

 

I will be ticking the disagree with the Claim due to the following;

 

I do not have a CCA with the prescribed terms. I have in my possession an Application Form.

 

b) I have not ever received a DN from HFC or CL Finance and in time will prepare a defence along those lines.

 

c) The only thing I can agree with is Yes, I did receive a Notice of Assignment from CL Finance dated 2nd July 2008, advising me the Assignment took place on 4th April 2008. The same letter also states that due to a printing error, I may not have received the letter dated 1st May 2008, hence this copy! No, I didn't receive any letter dated 1st May!

 

Any help is greatly appreciated. Will keep you all updated. Here we go again!

 

x:)x

Edited November 3, 2009 by texanbar
typing errors