Jump to content


CCJ claim form. Marlin Europe


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3930 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi hope you guys can help..

 

Had a bank loan of HSBC about 10 years ago ... i was making payments but due to other debts building up i fell behind and ended up on a DMP.. At the time i also had a bank account with them that was something like £40 in debt ... I asked them to close the account and i would pay the £40 through my DMP they refused so "stupidly" i refused to pay the £40 and changed banks. About 4 years ago my loan stood at £1200 i was making payments ... untill they added over £750 to my loan (metropolitan finance at the time) This was basically £700 in bank charges on my old account.. My new debt was £2,000.

I refused to continue to pay and the debt was passed around a number of companies... A few months ago i recieved a letter saying my debt had been sold to Marlin Europe (Restons solicitors)

Today i have Recieved a claim form ,response pack, form of admission and defence/counterclaim form

adding onto the original debt £75 court fee and £80 solicitors costs ...I got to admit im flapping a bit now

as i didnt think once the debt was sold the new owner would have the power to do this...

 

Any help would be greatly appreciated , (next steps, what the court letter means,has there been a court hearing,will court bailiffs come to my home) sorry for the lenghthy post...

 

Thanks for reading.

Link to post
Share on other sites

Any help guys...?

 

Was thinking of replying that i dispute the full amount as when the 2 debts were merged.. (without my knowledge) it breached the the loan as well as the disputed bank account (£700 charges) .... if i dont hear of anyone i will go with that as a defence.. :(

Link to post
Share on other sites

Hi hope you guys can help..

 

Had a bank loan of
HSBC
link3.gif
about 10 years ago ...

i was making payments but due to other debts building up i fell behind and ended up on a
dmp
link3.gif
..

 

At the time i also had a bank account with them that was something like £40 in debt ..

 

. I asked them to close the account and i would pay the £40 through my
dmp
link3.gif
they refused so "stupidly" i refused to pay the £40 and changed banks.

 

About 4 years ago my loan stood at £1200 i was making payments ..

. untill they added over £750 to my loan (metropolitan finance at the time)

 

This was £700 in bank charges on my old account.. My new debt was £2,000.

 

I refused to continue to pay and the debt was passed around a number of companies...

 

A few months ago i recieved a letter saying my debt had been sold to Marlin Europe (Restons solicitors)

 

Today i have Recieved a claim form ,response pack,

form of admission and defence/counterclaim form

adding onto the original debt £75 court fee and £80 solicitors costs

 

...I got to admit im flapping a bit now

 

as i didnt think once the debt was sold the new owner would have the power to do this...

 

Any help would be greatly appreciated ,

 

(next steps, what the court letter means,has there been a court hearing,will court
bailiffs
link3.gif
come to my home)

 

sorry for the lenghthy post...

 

Thanks for reading.

 

Link to post
Share on other sites

Hi hope you guys can help..

 

Had a bank loan of
HSBC
link3.gif
about 10 years ago ... i was making payments but due to other debts building up i fell behind and ended up on a
dmp
link3.gif
.. At the time i also had a bank account with them that was something like £40 in debt ... I asked them to close the account and i would pay the £40 through my
dmp
link3.gif
they refused so "stupidly" i refused to pay the £40 and changed banks. About 4 years ago my loan stood at £1200 i was making payments ... untill they added over £750 to my loan (metropolitan finance at the time) This was basically £700 in bank charges on my old account.. My new debt was £2,000.

I refused to continue to pay and the debt was passed around a number of companies... A few months ago i recieved a letter saying my debt had been sold to Marlin Europe (Restons solicitors)

Today i have Recieved a claim form ,response pack, form of admission and defence/counterclaim form

adding onto the original debt £75 court fee and £80 solicitors costs ...I got to admit im flapping a bit now

as i didnt think once the debt was sold the new owner would have the power to do this...

 

Any help would be greatly appreciated , (next steps, what the court letter means,has there been a court hearing,will court
bailiffs
link3.gif
come to my home) sorry for the lenghthy post...

 

Thanks for reading.

 

Hi, There has not been a court hearing and no judgement has been made, what you have received is as you say a 'claim pack' with the necessary forms to acknowledge the service if the claim. enter a defence or admit liability for the defence, others I'm sure will be along to assist on that.

 

For reassurance you are a long way from visits from bailiffs, you would have to have had a judgement made against you and then have to have failed to meet the terms of the judgement order, the claimant would then have to seek a warrant from the court before bailiffs can be instructed.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

something not right here.

 

you say they added £700 to a loan?

unless you signed a new agreement

they cant do that.

 

can you please scan up the front page of the claim form.

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks Scarlet and Brigadier..

dx will get the scan up asap ...

I dont think Marlin (Restons) know that the 2 debts were merged when they bought the debt

it was merged at a time when metropolitan collections were dealing with it so not sure if it was

them or HSBC who merged it.. I only found out when the balance on my loan (that was in default though

i was making payments) went from £1200 to £2000 when i rang to ask Metropolitan why this was i was

told my outstanding bank account had been merged to my loan amount... from that point i refused to make

anymore payments. I think its possible the new owners of the debt are unaware of this.

Thanks again guys

Link to post
Share on other sites

ah we've seen this before about merged debts by HSBC

 

think its totally unlaw and blows any case out the water.

 

i'll have to go look

one of the siteteam knows about this

 

let me see.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

PDF it!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

unapproved them

 

you've left the password etc on there

 

that's a very basic PoC

 

and 1993!! they are having a laugh

 

they've no chance

 

I take it they have merged a loan/Cc with a current account debt

they cant do that

 

you need to read that link I sent you

 

post 9

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

When was the account terminated/defaulted please?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

post 12

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Would have to dig out details ..Think its been 6 years + on the bank account without a payment as it was built up of £700+ bank charges.. however it is possible that when they merged the loan and bank account i made a payment before i realised.. and last payment would have been about 3/4 years ago on the loan.. dx i read the link you put up (a lot of it went over my head... i think Kay had a better grasp of the help she was given ) i will look back at post 9 thanks again guys..

Link to post
Share on other sites

unapproved them

 

you've left the password etc on there

 

that's a very basic POClink3.gif

 

and 1993!! they are having a laugh

 

they've no chance

 

I take it they have merged a loan/Cc with a current account debt

they cant do that

 

you need to read that link I sent you

 

post 9

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I was thinking of sending this as my defence... (please don't laugh if it looks bad :-))

or would you think another course of action better?

 

I dispute the above claim in full for the following reasons.

The debt is the combination of two debts that were merged without my knowledge 1. HSBC personal loan. 2. HSBC bank account. The debt from the bank account is £750 (approximately) this is from an old bank account that was in debt by about £40 .. the £750 is made up almost entirely of bank charges that I dispute as being disproportionate to a £40 debt. My loan stood at £1200 and I was making payments on through Metropolitan collection service , however on checking my balance after a payment the loan stood at £2,000 ,when I contacted Metropolitan collection service to question this I was told both accounts had been merged ,something I had not been informed of prior to this and had no knowledge of. I believe this was a deliberate attempt to trick me into paying a debt that was in dispute, at best this is bad practice and at worst it is obtaining money by deception. In my opinion the act breached the original loan agreement so the total amount became in dispute, I await your response in this matter.

Link to post
Share on other sites

Make sure that you follow the dates on the court papers. You MUST acknowledge the claim to the court saying that you will be defending in full by the date given, otherwise Marlin win by default. You then have a bit longer to submit your defense.

I think that your defense might need a bit more detail, but you have a bit more time for that and you will get more help here, BUT DON'T MISS THE DEADLINES

Link to post
Share on other sites

Thanks 2Grumpy ..just got in from work will send the acknowledgment of service of now before todays last post collection

Issue date was 13 june 2013 + 5 days + 14 so should get to the court in time.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...