Marlin europe 1 taking me to court for a hsbc account

[bobcatman]

Hello all,

today in the post i received a count court claim form, from mortimer clarke sloictors, regarding a old hsbc buisness accout

that they terminated with a overdrawn ballance of £966,

 

marlin1 europe own the debt ,with interest and cost total amout they are claiming is £1300 exactly,

 

i will contest the claim in my local court after filling a defence as dont agree to pay marlin a large amout of money which i dont have for a debt they paid peanuts for ,

 

the account was opened 12/1/2008

marlin received it in 12/2/13,not sure of last payment on the account need to dig out statments .

 

any advice on next move..... mark

[BRIGADIER2JCS]

Hello all, toady in the post i recived a count court claim form, from mortimer clarke sloictors, regarding a old hsbc buisness accout that they terminated with a overdrawn ballance of £966,

marlin1 europe own the debt,with interest and cost total amout they are claiming is £1300 exactilly,

i will contest the claim in my local court after filling a defence as dont agree to pay marlin a large amout of money which i dont have for a debt they paid peanuts for ,

the account was opened 12/1/2008 marlin recived it in 12/2/13,not shure of last payment on the account need to dig out statments .

any advice on next move..... mark

 

I hope you don't base your defence on the sale and purchase of the account, it will not succeed.

[bobcatman]

i was not gonna do that, do they stand much chance winning

[BRIGADIER2JCS]

i was not gonna do that, do they stand much chance winning

What exactly are the particulars of the claim and the history of the debt please?

[citizenB]

We need to know the date of issue on the claim form - top right hand corner of the claim form.

 

We also need to know exactly what it says on the Particulars of Claim - the reason they are issuing this claim.

 

We will then need to know how you got to this point.

 

You say this is a business account overdraft ?

[BRIGADIER2JCS]

We need to know the date of issue on the claim form - top right hand corner of the claim form.

 

We also need to know exactly what it says on the Particulars of Claim - the reason they are issuing this claim.

 

We will then need to know how you got to this point.

 

You say this is a business account overdraft ?

 

Snap:lol:

[bobcatman]

date 15/8/13

particulars of claim

 

by an agreement made in writing between hsbc bank

hsbc& the defendant dated 12/1/08 (the agreement)hsbc agreed to provide the defendant with a current account facility upon terms and conditions set out therein

the defendant has withdrawn monies from said account such that the balance exceeds the agreed overdraft limit&has remained in that position despite requests by hsbc to remedy this,the agreement was terminated by hsbc ,the agreement was assigned to the claiment on 15/2/13,the claiment has complied withsections 111&1v of practice direction-pre action conduct

the claiment therefore claims £966.68

interest persuant to section 69 of the county court act 1984 namely 188.38&contininining till judgement or sooner at rate 0.21

[citizenB]

You have a timeline you need to be aware of..

 

Date of issue 15th August + 5 days for service = 20th August + 14 days to acknowledge = 3rd September + 14 days to submit defence = 17the September.

 

You can request a copy of the facility letter (there is no agreement for an overdraft), the assignment notice, termination notice and a statement of account showing how the amount claimed has been assessed. Strangely enough, if this is a Business account then you can reclaim any default/penalty charges as these were not mentioned in the Supreme court action the OFT lost in respect of current account charges.

 

You will need to send the CPR letter below to the Solicitors acting on behalf of the Claimant.

 

 

 

Dear Sir or Madam,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1: The agreement/ overdraft Facility confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974

 

3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C

 

4: The Notice of Assignment.

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence as required under CPR15.5.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully

 

 

HTH

[citizenB]

If you want our further advice, then you are going to have to let us know on what basis you intend to defend. Rest assured, the fact they might have paid pennies in the Pound for the debt, will not be a credible defence !

 

Did you receive any letters before action or requests for payment - if so, why did you not enter into dialogue ?

[bobcatman]

im not 100% sure of my defence, but at the moment i have no money to pay them even if they win, they sent me a few letters and fone calls but could not agree anything with them so it got left, im very surprised they have gone the court route,

i will print of and sent the letter to there solictor

[citizenB]

Do you have other creditors - would you be able to enter into a payment arrangement ?

 

Do you have any assets - own your own home ?

[bobcatman]

i own my flat on mortage,

i own tools and plant for buisness, owe the tax man some money and 200 quid to vat man, payment is possible but would be a small amount as work is very slow

[citizenB]

I will ask the guys on the site team what you might be best doing..

[citizenB]

I'm not 100% sure of my defence, but at the moment I have no money to pay them even if they win, they sent me a few letters and phone calls but could not agree anything with them so it got left, I'm very surprised they have gone the court route,

I will print of and sent the letter to their solicitor

 

Suggestion from one of the site team below for you.

 

If the balance is made up of penalty charges/fees/interest that would be a start of a defence...disclosure will be minimal so its easy to tie them up in knots and make them work for their claim.