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    • In essence I am trying to win a loosing battle i take up the 33 % discount on offer me thinks
    • Whose duty?   you can use civil law to pursue the GDPR issue with the police (though, as I’ve stated: it may not do you any benefit).   The court isn’t bound by any duty under GDPR that the police may (or may not) have. I can only repeat, the duty of the magistrates regarding verdict is “is the offence proven beyond all reasonable doubt?”. They can’t, and won’t, be influenced by the GDPR issues at that stage, and you are misguided if you continue to believe that it will make a difference to their verdict.
    • the duty of the police
    • Hi Andy   The following is my WS2 in reply to their WS2, please do let me know if i need to mention/amend/add anything to it, the attachments are in my previous post #78.   Can i add my costs as this is the second hearing for it?   Also i don't know if this will help but i also have an old Capital One Credit Card which i don't use anymore, so how can i possibly have 2 Capital One Credit Cards as this claim is clearly for the Luma Credit Card....   SECOND SUPPLIMENTARY WITNESS STATEMENT OF ROLAND I, Roland, the Defendant in this case, will state as follows; I make this second Witness Statement as a supplementary to my first Witness Statement dated 22ndNovember 2019 Page 1-2 and Amended Defence dated 17thDecember 2019 page 3-4 in Exhibit xx1 in response to the claimant’s second witness statement dated 14thJanuary 2020.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT  1. The claimant failed to comply with my Section CPR 31.14 and Section 78 of the Credit Card Act 1974 request and their claim remained stayed for over one and half years. I can only assume as this was due to the claimant not having any of the requested documentation below and issuing a claim in hope of an undefended default judgment.     2. The stay was lifted by Deputy District Judge Mitchell 4thDecember 2019 and the Claimant’s application for summary judgment and/or strike out was dismissed.   3. My amended defence was filed and served 17thDecember 2019.    4. I received the Claimant’s Second Witness statement 21stJanuary 2020.   5. It is accepted as per my Amended Defence para 2 insofar that I have once held a contractual relationship with Capital One Bank (Europe) Plc for a LUMA Credit Card and not a Capital One Credit Card.    6. The Claimant’s point 23 in their second witness statement dated 14thJanuary 2020 refers to me providing supporting evidence that my application was for a LUMA Credit Card, and that their position that it is for a Capital One Credit Card. This is for the Claimant to prove it’s a Capital One Credit Card and not a Luma Credit Card, when this matter was heard by Deputy District Judge Mitchell 4thDecember 2019 he also questioned the Claimant’s advocate the same.   7. The Claimant’s point 24 refers to the Reconstituted Capital One Credit Card Agreement in their Exhibit JK1 pages 2-3, that a firm is able to reconstitute a copy of the agreement and that there is no obligation to provide a copy which includes a copy of the signature, then why has an electronic signature and date been applied…regarding the same question by Deputy District Judge Mitchell on the validity of the signature on this Reconstituted agreement to which the claimant’s advocate stated that it may have been an online application, which is not true as it was a signed postal Luma Card Application and not a Capital One Credit Card online application.    8. The Claimant’s point 25 states that they would say that the 16 digit account number in the top left hand corner on the Reconstituted Agreement is now not the account number but a ‘document number’ and that the Account number is on Page 9 of their Exhibit JK1, which is a blank page with my name and a 16 digit Account number on it. The Claimant is backtracking and clearly16 digits are Credit Card/Bank Card numbers.    9.  The Claimant’s reconstituted Agreement has failed to be a true reconstituted version and failed to provide any supporting document to confirm that this claim is for a Capital One Credit Card and not a Luma Credit Card.     10. The evidence provided by way of Exhibit JK1 is woefully deficient and invalid and not pursuant to the CCA 1974 request.  Until such time the claimant can comply and disclose a true executed copy of the agreement complete with terms and conditions from inception which they refer to within the particulars of this claim and witness statement they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.   11. For the reasons set out above I invite this court to strike out the claim and request my costs as litigant in person to be awarded.      Many thanks, Roland 
    • By severe penalty you mean ? criminal record is criminal record right ? isnt it still their duty comply with GDPR albeit Civil
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HSM v M&S Credit Card

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Hi SS,

 

I just read on another thread that Marlin refer cases to Mortimer Clarke solicitors for further collection activity.

 

However, Mortimer Clarke may be simply part of the same operation.

 

:-)


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Thanks for the heads up on Mortimer Clarke.....seems they were the subject of an undercover investigation by Dispatches a few years back who proved the 'firm' was just some phones on desks in Marlin's office.

 

I dont know if links to other sites are allowed, but I did find one that is part of an online campaign to get MC stripped of their licence.

 

Think I better be ready to expect the unexpected :)


Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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Hi SS,

 

Probably best not to link to another site but, if folk want to look further into Mortimer Clarke, they can Google it easily enough.

 

:-)


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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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I read somewhere that Marlin Financial were sold to Cabot recently.

 

In the last week Ive started to get 2-3 calls a day on my work telephone number (Im self employed and work from home) - they always ask me to go through security and I always refuse politely and put the phone down.

 

I think they are getting into a lather having seen the default date registered with the CRAs is 20.05.10......only thing is, this debt is statute barred from quite a while back. Last payment date October 2009, Default note dated early Jan 2016 with 14 days to rectify.

 

Fully anticipating getting a last minute court claim if they are working off their wrong date on file

 

Will have to formulate a defence that mentions statute barred AND change from storecard to credit card without paperwork :)


Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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Hi SS,

 

The date the a/c was defaulted is not relevant to the SB status, as you state.

 

SB is an absolute defence to a court claim so this is all you need to use. Then it's up to the creditor to show that you paid towards the debt more recently.

 

:-)


We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Aye - just fancied having an extra string to my bow in case I was to get some demented old judge who accepted the default date on my credit file was the relevant date.

 

Anyway will just wait and see if anything arrives in the post :)


Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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Should the CRAs automatically remove a 6 year+ defaulted debt or do I need to do something myself?

 

Just got an Equifax Report today, and was rather disappointed to see that this M&S Card debt is still showing despite an (incorrect) default date of 30.05.10


Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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These reports do sometimes take a while to remove defaults . It will come off very shortly


Any opinion I give is from personal experience .

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Hi SS,

 

You can contact Experian and any other CRA showing this entry, reminding them of the default date and ask that the data is removed immediately.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Oh well....did another credit search today and the Cabot/M&S defaulted account is still showing there 12 days after it should have disappeared.

 

I guess its a complaint/request to Cabot asap. Equifax seem to have a labyinth of online menu options to follow before you can get anything done :(

 

Why is nothing straightforward?


Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

Share this post


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Share on other sites

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