Marlin Court Action on HSBC CC, HSBC already said they hold no CCA - help

[debbbbsy]

I'm really really sorry, you have had a pretty tough time. But the judges decision is based on a legal basis and not on moral issues.

 

The only paperwork that will prevent the charging order will be proof that you do not owe the money.

[citizenB]

Have you now started to reclaim the Payment Protection Insurance ?

[ZENTRIX9]

Yes B, we have claimed the PPI back twice, they ripped us off the first time we claimed! So we claimed again! and they paid it us.

[ZENTRIX9]

Hi Debbie, the only way I had a chance of proving that she didnt owe the money was to go to court and they stopped us doing that. I would have at least like d the chance, the judge wouldnt even let us appeal!

[debbbbsy]

Okay.

 

If she is not going, get a doctors letter...otherwise regardless of how painful it is, if you have to carry her in, do it. This may be harsh, but the judge will see this as an important issue, and if she does not attend he will not take your defence seriously. Phone the court in the morning and request a wheelchair and ensure access.

 

 

If she admitted liability and agreed to the CCJ and failed to comply with the judgment order, than the Charging order will be automatically granted - We didnt admit liability she was given judgment over the phone (conference call)

 

The 1st phase of a CCJ allows you to acknowledge the claim within a specified time.You are given the option to admit the debt and repay or defend.

 

If you fail to respond to this claim or admit, judgment is granted.

 

If you defend and dispute, it is transferred to your local court.

 

If judgment was granted over the phone than you must have admitted liability. Do you have any proof that you defended the original claim and the correct procedures were not followed. Your going to have to prove the original claim was unenforeceable, and your wife must attend.....if only to ask for a postponement.

 

Her offer of payment I'm afraid was an acknowledgement of owing the money.

[ZENTRIX9]

Hi Debbie, the problem is that my wife cannot bend her knee, it has to be kept straight or the skin could split (its that swollen) and if I need a doctors letter I wont get one for tomorrow. If the court can provide a wheelchair that will keep her leg extended we may be able to get there but I very much doubt it.

[debbbbsy]

Ask yourself, what will happen if they get a charging order ?

 

My point is simple. Accept it will happen & don't get upset. Don't get upset or angry with the judge instead concentrate solely on only allowing the charge with restrictions.

 

You have children. The judge will not, absolutely defentinately not put you and your children on the streets.

You have a share in the property.

Your wife, whose debt this is.....don't discuss other joint issues....is ill, and can't work.

You are the sole provider for your family.

 

Let them have there charge on her share of the equity but with the provisions.

 

No Post judgment interest unless they can provide a copy of the agreement with a PJI clause.

No Sale order.

 

Debbie

[debbbbsy]

Okay, if she is not going. phone the court tomorrow morning, explain and ask for a postponment. They will probably refuse, so turn up alone.

 

If you can, or have a phone, take pictures and show them to the court clerk when you turn up. Insist that she explains this to the judge.

[debbbbsy]

The RBS have had a charging order against me for £39,000 since 2008. The restrictions prevent them from applying for a sale notice, and they cannot apply interest.There is nothing more they can do except negotiate a reduced settlement and right off the rest.

[ZENTRIX9]

Ok Debbie, thanks. I will do that in the morning.

How do I negotiate "with provisions" with the judge? just ask?

[ZENTRIX9]

Ah, that is useful to know, thanks.

[debbbbsy]

I've Pm'd you.

[debbbbsy]

Oh by the way, the provision on my charging order doesn't even stiplulate that I have to make monthly payments.

 

The charge is for £39,000.

No interest to be applied.

No application for a sale notice.

No monthly payments.

[Ganymede]

One thing I would add is that the hearing is to make an ICO final, they judge is not concerned with issues regarding the CCJ and will not go behind the original judgment at the hearing. If you wanted to apply to set aside/appeal this should have been done separately.

[ZENTRIX9]

Can I still apply for a set aside once the Charging order has gone through?

[AndyOrch]

Can I still apply for a set aside once the Charging order has gone through?

 

Yes but subject to time and a supporting defence with merit.

 

Andy

[ZENTRIX9]

Hi All, I have a credit card debt with HSBC.

 

I stopped paying it a couple of years ago after they couldnt find the CCA agreement.

 

Sent them the in dispute letter and not really heard much from them.

 

I have recently been chased by Marlin (the creditors of the account)

and as I have not agreed a payment plan they have appointed Mortimer Clarke solicitors to take over recovery activity.

 

got a letter from M.C. usual bold red wriyting stating

"ARE YOU AWARE OF THE SERIOUS CONSEQUENCES OF A COURT JUDGMENT BEING MADE AGAINST YOU"

 

Different paragraphs headed in bold stating:-

 

COURT PROCEEDINGS COULD BE BROUGHT AGAINST YOU

 

A COUNTY COURT JUDGMENT HAS SERIOUS CONSEQUENCES

 

YOU COULD AVOID THIS EASILY

 

IF YOU DO NOT CONTACT U,S COURT PROCEEDINGS WILL BE ISSUED

 

DON'T MISS THE CHANCE TO STOP COURT PROCEEDINGS BEING BROUGHT AGAINST YOU

 

I have never admitted the debt with HSBC.

 

Do I reply to them asking for proof of the debt or just ignore them?

 

Bully tactics to get me to pay?

 

Any advice would be gratefully recieved

[dx100uk]

ignore them

 

just willy waving in case you have gathered any morals of late.

 

is it on your cra file?

 

dx

[ZENTRIX9]

Thanks DX, I thought that was the case. Yes they keep attacking my credit score

[dx100uk]

ok so what is the default date in the debts summary?

 

dx

[ZENTRIX9]

Hi DX, the default notice was dated 8th October 2010

[dx100uk]

so October next year it will vanish

 

your last payment ? was prob up to 6mts before this date too.

 

dx

[ZENTRIX9]

Hi all, I have a credit card debt with HSBC.

A few years ago I stopped paying due to HSBC not complying to my CCA request, they sent me a blank form with nothing on it so I put it into dispute.

I have 2 letters from seperate people from HSBC stating that they cannot find my CCA.

 

They have now sold my debt to Marlin Europe. I have ignored Marlin and have now received a claim form from Northampton for over £10,000.

 

I have to submit my defense in approx 7 days,

 

anyone have any ideas?

 

I am thinking of sending a copy of the letter from HSBC stating they dont have a copy of my CCA

and seeing if they will strike it out before it goes any further.

 

Am I thinking along the right lines?

[ZENTRIX9]

Heres the POC

 

By an agreement in writing between HSBC Banl Plc.

 

("HSBC") & the defendant dated 17/07/2002 ("the agreement")

HSBC agreed to issue the Defendant with a credit card upon the terms & conditions set out therein.

 

In breach of the Agreement the Defendant failed to make payments of not less than the minimum payment shown on the monthly statement.

 

HSBC served a Default Notice on the Defendant stating the amount due & requiring the Defendant to pay same.

 

The Defendant failed to pay & the Agreement was terminated.

 

The Agreement was assigned to the Claimant on 15/02/2013.

 

The Claimant has complied with Sections III & IV of Practice Direction - Pre-action Conduct.

 

The Claimant therefore claims:

1. £XXXXXXX

2. Interest pursuant to section 69 of the County Courts Act 1984, namely £XXXXXX & continuing until judgment or sooner payment at the rate of 2.19.

[dx100uk]

several threads merged for background info

thread tidied and moved to legal forum

 

dx