court claim Marlin, on behalf of HSBC*** Claim Discontinued***

[bridgart]

I have received letter from a county court As Marlin have made a claim against me on behalf of HSBC for £4,500.

 

Before I respond I would like to get the details and

ideally I would send an sar

but I feel this may take longer than the 14 days

(or infact 9 days from yesterday when I received the letter)

 

So my question is,

 

is there any way I can get the information quicker?

 

I would like to know that they have followed the rules in pursuing this

and I would like to see a copy of the agreement I have signed for example.

 

Any help/advice will be much appreciated.

[oleg]

Type out particulars of claim [minus personal identifiers] so we know what to advise

CPR 31.14 to Marlin or whoever initiated claim - Mortimer

Clark?

SAR to OC as you said.

Did you receive default notice?

Letter of assignment [assuming sold to Marlin]?

Give us a brief timeline - bullet points of key dates and events since start of credit agreement.

[dx100uk]

ack the claim after registering with MCOL

 

click defend all

don't tick jurist

 

you have 33 days including the date on the claimform [day 1]

to send your defence

plenty of time

 

what type of debt was this

[AndyOrch]

If you read here and post the information required.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.

 

Regards

 

Andy

[bridgart]

Thanks for your responses. Here is all the info i thin you are asking for.

 

• Date of issue 10/03/14
  
• the claim is for an unpaid loan
  
• the value is £4,527.21 + £85.00 court fee + £80.00 solicitor fee
  
• original agreement was entered 31/05/2007 with HSBC
  
• the claim has been made by Marlin.
  
• i have recieved phone calls from them but they wouldn't tell me what for unless i answered their 'security questions'
  
• i haven't recieve a notice of assignment
  
• i haven't recieved a dfault notice
  
• i haven't recieved any notice of dfault sums
  
• i ceased payment due to issues in my personal life causing financial difficulties
  
• i made HSBC aware that i would struggle to continue the payments and asked if they could help me in any way. They offered no help and only suggested that i pay what i can afford but that the account would still eventually go into default.
  

 

If I've missed anything please let me know.

 

All I have done so far is register with MCOL. I'm not sure what to do next? Please feel free to think of me like a complete numpty as when it comes to these things that's exactly what I am!

 

many thanks

 

[bridgart]

Also could anybody let me know,

 

if I do contest this and I lose what will it mean?

 

Obviously it will mean I have to pay but will this then be a CCJ?

 

Or will it just mean i have to pay the full amount straight away?

 

The worst thing that could happen to me is that i would have a CCJ on my credit record

as me and my partner hope to get a mortgage in three years time.

 

It would break her heart if i had to tell her it would now be more like six.

 

cheers

[dx100uk]

can I just check something

 

this wasn't a 'managed loan' was it

debt consolidation with them?

 

dx

[bridgart]

It wasn't debt consolidation but if I remember rite I did pay the remainder of a loan I already had with them off when I took this one out.

[dx100uk]

ok

 

send marlins a CCA request

 

and a CPR 31:14 from the legal section of the library tab green top left.

 

do NOT sign the letters.

 

yes do an SAR to HSBC - sign the letter.

 

dx

[bridgart]

Thanks dx, the CPR 31:14 to Marlin as well?

[bridgart]

Ok I'm writing Up a SAR, CCA and CPR 31:14 tonight.

 

Do I need to do anything on MCOL yet?

 

Or should I wait?

 

Also as I asked earlier,

 

if I was to contest and lose,

 

would it mean I'd have a judgement against me that would show on my credit record?

[dx100uk]

you should not be delaying these docs requests!!

 

every day is very precious!!

 

you only have 33 days to file a defence

 

get that MCOL done too.

 

IF you lose [fat chance]

 

unless you pay the full amount of the judgement within 28days

the CCJ will be on your file for 6yrs regardless of what you do after 28days.

 

a payment arrangement will be set by the judge but that's miles away!!

[bridgart]

Ok thanks again, so I will log on to the MCOL and click defend all (not jurist) I will send all the suggested docs requests ASAP.

 

Also if I lose I will still be able to pay the full amount without a ccj being issued?

[indebtnow]

A CCJ would be issued if you lose. However, if it is settled fully within (IIRC) 28 days, you can apply to the court to have it removed.

 

If you pay after this time, the CCJ remains although you can request that it is marked as paid, but it would remain on your credit file for the 6 years.

[bridgart]

Thanks, in general what are the chances of getting it removed? I will pay if I lose within the 28 days.

[indebtnow]

Taken from this page (https://www.gov.uk/county-court-judgments-ccj-for-debt),

 

"Records of judgments are kept for 6 years unless you pay the full amount within a month - this can make it hard to get credit."

 

From what I remember though, if you do pay within the month, you have to apply to have the CCJ removed from your credit file, it's not taken off automatically.

[bridgart]

Great, thanks for that!

[dx100uk]

its not registered for a month

you have 28days to settle the CCJ then its get put on the public register.

[if you don't settle the judgement]

 

dx

[dx100uk]

opps try this

 

all judgments are registered automatically....if you settle within 1 month its removed auto.... if you settle after its marked as satisfied but remains for 6 yearsp

[bridgart]

That's great new! It's good to see the system is fair and not designed to scare you into paying without question.

[bridgart]

ok so i've sent off a CCA today and was about to send a CPR when i realised that all documents i have asked for aren't on the particulars of the claim. i have asked for the termination notice and also a statement of account. will it hurt to leave these in? or would i be better off removing them?

 

Also i have sent the CCA to Marlin and i've come over all paranoid and thought maybe i should've sent it to Shoosmiths? (the solicitors Marlin are using)

 

thanks in advance for any help.

[indebtnow]

I'm on the understanding that with the CPR31.14 you can only request the documents that are mentioned in the Particulars of Claim (POC) but someone may correct me on that.

 

When I sent my CPR off the other week I only asked for the documents that were mentioned.

 

Again, someone may correct me if I'm wrong, but the CCA goes to the claimaint (Ie. Marlin) and the CPR to their solicitors. Mine wern't using a solicitor so I ended up sending both to the claimaint.

[bridgart]

ok, well i'm prepared with both now, so if i dont here otherwise i will send the one with only what is mentioned in the particulars of the claim tomorrow.

 

cheers

[oleg]

I did ask at outset who solicitors were since Marlin do not generally issue claims themselves.

CPR is for documents specified *or implied* in POC:

eg for an agreement to be defaulted

a DN should have been produced,

so can be requested, whether specifically mentioned or not.

 

It matters not really that you have sent the CCA request to Marlin,

though it is worth mentioning the fact to Shoosmiths.

In any case, the CPR request will also include your wishing to see the CCA document.

[bridgart]

Thanks oleg, I've just re read your post and I see now what you asked. Now I've been reading more about this I understand what you mean by particulars of claim where as at the time I didn't realise it referred to what was on the letter I'd recieved