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Marlin Claimform - HSBC Credit card debt


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Dear Friends, 

 

I hope someone may be kind enough to offer me so advice on the situation below. 

 

I received a Claim from Northampton County Court Business Centre dated 11 March. 

 

The Claimant is Marlin Europe I Ltd and their solicitors Mortimer Clarke Worthing. 

 

Particulars of the claim are

 

By an agreement between HSBC BANK PLC & the Defendant on or around the 27/01/2006  (The agreement)

HSBC BANK PLC agreed to issue the defendant with a credit card. The Defendant failed to make the minimum payments due & the agreement was terminated. 

The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 4107.69 Costs. 

 

Amount owed £4107

Court Fee £185.00

Legal representation Fee £80.00

Total   £4372. 

 

The issue I have is that I know nothing about this debt or credit card where this agreement was signed and what date payments where made or where the debt was accrued. 

I am normally careful with money and have never in my entire life had a credit limit of more than £1500. Furthermore I have only ever had an HSBC current account but closed this in 

2002 after being mis-sold Travel Insurance as part of the current account. 

 

I am not able to attend court as I am being treated for cancer and my health is not good enough for me to travel from Carlisle to Northampton to stand and defend myself about something I have no knowledge about. It is also concerning that a Company can harass me without providing any details even if the debt may be fraud or statute barred. 

 

I would be ever so grateful for any advice friends. 

 

Many thanks, Kind regards

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You are a long way from having to attend a hearing.

Please will you give more details – fill this out <<<<<<<<<

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Hi BankFodder, 

 

Thank you for your reply. Please see answers below in Bold. 

 

Name of the Claimant ?

A) Marlin Europe I Limited 

Date of issue

A) 11 March 2019 

 

Particulars of Claim

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

A) By an agreement between HSBC BANK PLC & the Defendant on or around the 27/01/2006  (The agreement)

HSBC BANK PLC agreed to issue the defendant with a credit card. The Defendant failed to make the minimum payments due & the agreement was terminated. 

The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 4107.69 Costs. 

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?

A) No I have not received any prior notice. 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?

A) Yes I have changed address but was not aware of the debt

Did you inform the claimant of your change of address?

A) I was not aware of the claim up until yesterday when I received the Claim letter in the post. 

What is the total value of the claim?

A ) Amount owed £4107

Court Fee £185.00

Legal representation Fee £80.00

Total   £4372. 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? 

A) Credit Card 

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

A) The claimant says it was 27 January 2006

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?

A) I have not checked but have had no problems with obtaining credit for a car in February 2018

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. 

A) Issued by Marlin Europe I Limited 

Were you aware the account had been assigned – did you receive a Notice of Assignment? 

A) No I was not aware or had I received any correspondence from the claimant.

Did you receive a Default Notice from the original creditor

A) No I have not received anything from Marlin Europe I about a default. 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? 

A) No 

Why did you cease payments?

A) I have not been aware of any debt owing to HSBC or Marlin Europe. 

What was the date of your last payment?

A) I am unaware of any payments to the claimant 

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

A) I have only had a dispute with HSBC in 2002 over mis-sold Travel Insurance. 

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

A) No 

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Go ring hsbc ask last payment date

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... 

 

 

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I have just called HSBC on 0345 600 7010 and explained the situation to the Agent and they say that without an account number and a sort code they are not able to help me. I am sure they would have if I had some information to help them to help me. I checked the Claim form and Particulars of the claim for any kind of detail but there is nothing that is no meaningful information contained therein. 

 

Thanks

Edited by Nick Standard
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Typical marlin speculative claimform

Follow the rest of that link

Get aos done on mcol

Cca request 

And cpr 31:14 running

 

I doubt anything will be on your credit files but go check anyway

 

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... 

 

 

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Now get reading up on this forum

dont miss defence date regardless

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... 

 

 

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  • 2 weeks later...

Have just received a letter from Mortimer Clarke Solicitors dated 26/03/2019.

 

Quote: 

 

Thank you for your letter dated 16/03/2019

 

We acknowledge your request for documents pursuant to section 77-79 of the Consumer Credit Act 1974.

 

For the avoidance of doubt this firm acts on its client instructions. This firm does not hold any documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can. 

 

In the meantime, the matter has been placed on hold and no further action will be taken.

 

Yours faithfully

Mortimer Clarke.

  • Thanks 1
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But you must still submit your defence by Friday 12th April irrespective.....a claimant cant put a claim on hold.

 

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

 

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3 hours ago, Andyorch said:

But you must still submit your defence by Friday 12th April irrespective.....a claimant cant put a claim on hold.

 

Andy

Hi Andy,

 

Thanks for your reply. As I have no idea what the claim is for I am not aware of what I should defend against. I also feel the Solicitor here is trying to hoodwink me. Do they have a certain time to respond with the documents I requested under the CCA. ?

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you can still submit our stand holding /no paperwork defence in 1000's of threads here already.

 

there is a time limit of 12+2 working days [which is stated in the CCa request] that they should adhere too.

but time limits when a court claim has been issued are somewhat immaterial.

there is no compulsion for them to reply to a CRP.

 

IF IF IF it ever gets to the disclosure stage

they would have to produced everything they intend to rely upon in the exhibits of their witness statement.

which might well be impossible so they'll probably let the claim get stayed.

but you MUST file your defence for that to happen

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... 

 

 

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Share on other sites

12+ 2 days...otherwise they cant enforce the alleged debt without a copy of the agreement.

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 thread please PM me a link to your thread

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HSBC are excellent with their SAR's.  I ran one recently and they gave me everything from the year 2000. All I did was send the SAR request letter, with my name, former address, and a council Tax bill to prove my new address.

 

You can easily find out your final payment dates that way, and find out if the debt is statute barred.

 

 

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

 

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

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I still have not heard anything in reply and do not seem to be able to find any stand holding /no paperwork defence details here to send to the court in defence.  What should I do now please. ?

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look for it...def is due Friday by 4pm

 

its in just about any card claimform thread here where you are already

or in the successes forum off of this one

 

use the custom google search box top right

 

claimform card.

 

thread title updated with claimant etc

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... 

 

 

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  • dx100uk changed the title to Marlin Claimform - HSBC Credit card debt
22 minutes ago, Nick Standard said:

I still have not heard anything in reply and do not seem to be able to find any stand holding /no paperwork defence details here to send to the court in defence.  What should I do now please. ?

 

Hundreds here.....

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

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 thread please PM me a link to your thread

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