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

[bridgart]

Particulars of claim.

1. The claimant claims the sum of 4527.21 being monies due from the defendant to the claimant under regulated agreement between the defendant and HSBC Bank and assigned to the claimant on 20/02/2013 notice of which has been provided to the defendant.

 

2. The defendant has failed to make payment i (I assume here they mean in? Rather than i? ) accordance with the terms of the agreement and a default notice that had been served pursuant to the consumer credit act 1974.

 

3. The claimant claims the sum of 4527.21 abs costs

 

4. The claimant has complied, as far as in the pre-action conduct practice direction.

 

Then it just says Number.

[oleg]

So your CPR request is for

"Regulated credit agreement"

Default notice

Notice of assignment

.

"Number" . . . of ?

[bridgart]

Just Number, 1 word? In assuming it is a mistake?

 

I have asked for those three so I shall send that version. I have not worded it as 'regulated credit agreement' though, I only asked for 'the agreement' will this be a problem?

[oleg]

I imagine just "agreement" should suffice. I was quoting their exact wording in case they tried to be pedantic, as Shoosmiths sometimes are.

Don't hold your breath. They may not be in any rush to comply.

[bridgart]

Do they not have to? What happens if they don't as I will need this for my defence? I take it you have had dealings with shoosmiths yourself?

[dx100uk]

just send the std CPR

matters not it might imply docs they don't 'imply'

 

you MUST send a sep CCA request ASAP too.

 

they can ignore your CPR

 

they cannot ignore the CCA.

 

dx

[bridgart]

Thanks dx,I have sent the CCA to Marlin today, would you suggest I send one to shoosmiths also?

[AndyOrch]

Thanks dx,I have sent the CCA to Marlin today, would you suggest I send one to shoosmiths also?

 

No.... 1 request will suffice.

 

Andy

[bridgart]

Thanks Andy

[oleg]

To answer your earlier question, yes I do have experience of Shoos, but not too relevant to your situation. You can learn a lot by reading threads about them on both this forum and others.

Let's just say they appear to waste no opportunity to pull a fast one, so i advise to be vigilant.

[oleg]

May not be of interest to you bridg, but others may like to note . . .

I was wondering why Marlin in your case were using Shoosmiths here rather than Mortimer Clark. Last night, it occurred to me. This change comes about in the wake of the acquisition of Marlin by Cabot. Cabot are fond users of Shoos.

I wonder if this marks beginning of end of Marlin-MC link. That would be disastrous for MC.

How sad.

[bridgart]

I can almost feel your pain such is the sincerity sensed in that last sentence.

 

So what are my options if they do fail to comply with the CPR?

[bridgart]

Ok I have now sent a SAR to HSBC, a CPR to Shoosmiths and a CCA to Marlin. I have filed an acknowledgment of service at MCOL and defended all.

 

Is there anything i should be doing next?

 

sorry to keep pestering, I do appreciate you all have other things to do rather than answer my countless questions. Its just I really am clueless when it comes to this and i want to make sure i am as prepared as it is possible to be.

 

thanks in advance

[dx100uk]

yep

 

now go read like threads here

 

dx

[bridgart]

Ok, swatting up it is then

[bridgart]

Recieved letters from both Marlin and shoosmiths today, both state that they do not yet have what I have asked for but they have requested them. Good news I'm thinking?

[dx100uk]

oh dear sorry judge

we though we'd get a default uncontested claim.

just stamp here please

 

this buggers' messing us around

 

judge,....ah so you made a court claim without you actually holding any of the legally required paperwork first?

[bridgart]

That's just about how it sounds. I haven't got the letters in my hand to post the exact wording, but once I do I'll post my proposed defence letter (I've been reading through a load of similar threads on here and will use an amalgamation of defence letters I have come across)

I knew I hadn't recieved any default notice etc! If it wasn't for this place I wouldn't have dared contest them though, like I'm sure thousands don't!

[bridgart]

letter from shoosmiths

 

we write with reference to the above matter and further to your correspondence received on 20 March 2014. the contents have been duly noted.

 

we confirm that we have requested the documents you have referred to in your above mentioned correspondence from our client. as such we are unable to provide these documents to you within 7 days as requested, however, we hope to be in a position to send them to you by 24 april 2014.

 

furthermore, we confirm that we are agreeable to providing you with an extension to file your defence within 14 days of receipt of the documents.

[bridgart]

letter from marlin

 

we write with reference to your recent letter received 20 march 2014, and confirm as we do not hold all of your information on file, we have requested a copy of the agreement and statement of account from the original creditor hsbc bank plc and we will forward to you upon receipt.

[bridgart]

this is a draft defence letter I have picked up from on here, it seams relevant to me but i am not too clever on the legal wording so any suggestions of changes etc will be a great help. also, do i need to send this off now? even after the letter from shoosmiths stating they hope to get the docs to me by 24 april?

 

 

 

1.This claim is neither admitted nor denied with regards to the Defendant entering in to an Agreement or contract referred to in the Particulars of Claim. The Defendant is put to strict proof as to the existence, execution and terms of any alleged Agreement or contract.

 

2. The Particulars of Claim are denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show the nature of breach and provide evidence of any Default Notice and Notice of Sums in Arrears

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Defendant has no recollection of receiving a notice of assignment.

 

5. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that the Claimant is in default of a request for a copy of the executed agreement under Section 78 of the Act of the Consumer Credit Act 1974.

 

6. The Claimant has not provided a default notice to the Defendant as claimed.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited March 31, 2014 by Andyorch
Paras and extra content added.

[bridgart]

Ok, I wouldo like get this defence filed today using MCOL. I have two main concerns.

 

The first is: number 5 of my defence letter states that the claimant are in default of a request for a copy of the executed agreement, this isn't strictly true until Wednesday (12+2 days). Does this mean I should wait until at least Wednesday to file this?

 

The 2nd is: should I mention in there somewhere that I have requested copies of the notices of assignment and default and that the claimant can't provide either at this time. If so how would I word this? Is there any Legislation I should refer to etc?

 

Thanks in advance for any help, I am very grateful.

[AndyOrch]

Edited the above for you and added further content to include nature of breach and default...notice of assignment is already covered in (d) and the claimant will be in default of your section 77/78 by the time the defence has been processed.

 

Regards

 

Andy

[bridgart]

That's great, thank you Andy!

[bridgart]

Defence has now been submitted, I guess it's just time to wait and see?

 

Thanks again to everyone who has helped me so far, you help people sleep at night!!