Jump to content


Mortimer Clarke / Marlin / First Direct Summons Received - Help required


 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2586 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

Good morning all,

 

First post so apologies if its a bit of a ramble,

 

I received today a claim form from Northampton County Court,

claimant MCE (Marlin) in respect of an debt with HSBC.

It mentions a bank account facility and they are claiming over £10K.

 

I got myself into debt in the mid 2000's trying to support my business with credit card and overdrafts and it all went horribly wrong.

 

The weird thing is, this debt is actually 2 debts. One for the current acc and one for a credit card.

 

I was harassed by Marlin in 2007, 2008 and 2009 and as I lived with my parents,

they were getting most of the calls to their home number and the rest to my mobile.

 

I know I shouldn't have but I paid monies to Marlin in 2009 but then received some debt advice

and was advised to write to Marlin as it was felt that they did not officially own the debt.

 

 

I made a CCA request but it was returned and refused as they said it related to a Bank account and was not covered by CCA.

 

 

I wrote to HSBC and asked them to clarify the situation (no response) so

I wrote back to Marlin and made another CCA request and never heard anything more.

 

I got a letter from Mortimer Clarke a couple of weeks ago saying I owed them £10K

and had to contact them as soon as possible and

 

 

today I got the Claim for from the court.

 

Can someone confirm my position regarding the CCA request,

 

 

can Marlin combine 2 debts,

a bank account and

a credit card and

then add on £4K worth of interest??

Do I have grounds to defend the case in respect of this?

 

I am scraping by on less than minimum wage at present as I became a full time carer to my father in 2009

and since he passed in 2013, have struggled to get back into work.

 

Thanks in advance for any advice offered.

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

As you have received a claim form, I have moved you to the correct forum. Can you please have a read of the thread I have linked above - copy and paste the first post of that thread, into this one and respond to the questions so we can advise further.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

urm smells of the managed loan syndrome by HSBC to me.

 

 

we need the details from the claim form and the length of the account numbers they are listing.

 

 

credit card will 16 digits

 

 

the bank account will be shorter.

 

 

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

Name of the Claimant - MCE Portfolio Ltd

Date of issue – 3/11/14

What is the claim for – the reason they have issued the claim?

Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

Monies due under current account overdraft.

The Claimants claim is for the balance outstanding under a bank account facility

HSBC Bank PLC (HSBC) agreed to maintain for the defendant.

It was a term of the bank account that any debit balance would be repayable by the defendant in full on demand.

Despite a demand being made, the Defendant has failed to repay the amount due.

The debt was assigned xx/xx/2011.

The claimant therefore claims 1. 6217.78 2.

Interest pursuant to section 69 of the county courts act 1984,

namely 4001.76 & continuing until judgment or sooner payment at the rate of 1.3.6

 

What is the value of the claim - Over £10K

Is the claim for a current or credit/loan account or mobile phone account? - It is for two things combined, a credit card and current account.

When did you enter into the original agreement before or after 2007? - Before

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser

Q. Were you aware the account had been assigned

– did you receive a Notice of Assignment?

 

A. No, I had initially agreed hardship payments with First Direct but then I challenged them on charges to my account

for the previous six years which would have cleared the debt.

The debt on both accounts was derived from Charges.

 

October in 07 Letter from Marlin saying they owned the debt.

Constant phone threats all day to my dad

made token payments until early 2010,

then National Debt line suggested I stop making payments

and send them a CCA request.

It was returned saying Current accounts not covered by CCA.

 

Debt then chased by Bamber Debt Recovery. (Part of Marlin).

Wrote to First Direct for clarification, no response.

More letters from Marlin, then chased by Newman Debt Collection.

 

 

Issued a CCA request to Newman, no response.

 

 

Nothing more till 2013, than a letter from Marlin appointing McKenzie Hall.

 

 

Alternate letter from Marlin & McKenzie Hall. Sent a CCA request to McKenzie hall, no response.

 

Nothing more till 2014, letter from Marlin saying McKenzie Hall no longer responsible,

 

 

then a claim form today.

 

Did you receive a Default Notice from the original creditor - No.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No.

 

 

Why did you cease payments:- As per above.

Was there a dispute with the original creditor that remains unresolved -

Yes, I was in financial difficulty and they kept adding charge after charge.

They did not warn me they were going to move this to a DCA.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

Yes, but then Marlin appeared as per above.

Link to post
Share on other sites

the poc says nowt about a credit card

 

 

 

 

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

sadly nothing to do with it .

 

 

it matters not if you 'think' its a merged debt.

 

 

so no marlin have not merged them.

 

 

if they had they would have to disclose that.

 

 

ok first step is to ack the claim on MCOL

 

 

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

makes no odds but you MUST do it by day 19

where day 1 is the date on the claimform

 

 

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

Should have fun with your defence then..."It is denied that I have ever held a current account with an authorised overdraft of £6K.":madgrin:

 

Keepingabraveface

 

On their particulars have they not stated the dates of interest from and to on section 69? or have you edited it?

 

" Interest pursuant to section 69 of the county courts act 1984,

namely 4001.76 & continuing until judgment or sooner payment at the rate of 1.3.6 ?

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

A lot of interest for 4 years at 8%....what does "at the rate of 1.3.6 " mean?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

And neither will the Judge...if they have not particularised it correctly they wont be getting it:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...