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Marlin - Assigned debt now SD


winkermanda
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  • 1 month later...

Lilly - I have 2 accounts from YB that Marlin have - one is for 1800 overdraft which Mortimer Calrke (Phoenix) have issed a stat demand in July - despite me telling them I had disputed this amount (unfair charges etc) and they have listed a Bankruptcy petition hearing at Court - except they HAVEN't told me !!! I found out after getting a leter from the Land registry - after writing 3 times to MC to let me have dets of the hearing they have replied and said they have applied for an adjournment as they did not get the papers from court in time --- THING IS - the Court dont know any of this !!!! I rang them and said there was no application for adjournment -- PLUS - I have SAR'd YB who have sent me just account statement copies and NO copy of Notice of assignment-- am now having sleepless nights as I now have to go to court Friday and ask that this be thrown out -

 

Any advice/reassurance you have will be gratefully received X

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  • 1 month later...

Lilly (or anyone else who can help please ) - I cant seem to open a new thread on here - the date i referred to last was adjourned as Mortimer Clarke sent a letter asking for it to be so - I had sent a form 6.19 opposing the BP - but have not heard from the court about that - I have received a date from court for 18feb (tomorrow) for the "FURTHER HEARING OF THE PETITION " but I have still not had anything from the other party (petition papers or anything)

 

I have seen athread this morning that says the SD is only good for 4 months - mine was served 17th July 2009 - does that mean court will strike the petition out tomorrow if I ask ?

 

Also - this company have caused me no end of stress - cant afford a solicitor so am trying to get all my help and advice from here - can i ask for costs to be awarded tomorrow on the day ?

 

thanks for listening

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You should be asking that they throw it out on that basis... request your costs for attendance (but as you submitted nothing the court might just make a no costs order to save hassle).

 

If you do make a costs request draw up a brief schedule... £9.25 an hour for work undertaken as a LiP... travel rate of £0.40 per mile (or your bus/taxi fare but you need receipt for it)... max of £50 for missed wages.

 

Be cheeky... ask or you don't get.

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  • 1 month later...

Hi Samba - just to update you the hearing in Feb never went ahead - MC asked for an adjournment as "they had no time to serve docs" -what a nerve - they havent even tried - the court adjourned it for a hearing 22nd March - and i rang court today and MC have made an application to "serve papers alternativeley" ie not by personal service just through the post - me thinks they are just prevaricating and I told court so....STILL havent received SAR docs from YB and have chased them up - according to the Post Office they havent even collected the recorded delivery letter !!!

I contacted a solicitor but at £110 per hour fee would be just impossible - I feel 90% the judge will throw this out once it does get there - but what can I do in the meantime ?? Its all rather stressful !!!!

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Hi Samba - thanks for your words....I went today and it was adjourned AGAIN (4th time) the judge was surprised to see me as I have not been sent any papers or anything to do with the case. I found today that the other side had applied for alternative service of docs as their process server has been to my house numerous times and not managed to see me - I DONT BELIEVE THEM...........I think it is another attempt to delay all this and put more prssure on me - and its working !!!!!! :mad:

 

I am now resigned to going to see a solicitor - its all getting too much - jusdge said he could strike it out but didnt - he adjourned it - the other side didnt even show ----

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  • 2 weeks later...

@Winkermanda

 

Could you post a summary of what has happened so far please.

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

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The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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  • 3 weeks later...

Just to update - And ask for a spot of HELP too- the DJ refused MC application to serve personally so I go to court today and their agent Sol serves the document on me - not sure this is the right doc however - and the DJ adjourned for another day (TBA) - can anyone check my SAR - that YB have not fulfilled and the document I got today ????? help help help !!!!!!!!!!!!!!!!!!!!

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GH - sorry didnt see your post - quick resume of my case -

debt = Yorkshire BAnk overdraft (2k) stopped banking with them in 2007 as their fees /charges extortionate

They referred the matter to 3 different DCA when I mentioned to them it was disputed debt (I told YB it was made up of unfair back charges ) - they stopped contacting me

 

MC Sols contacted me July last year with a Stat Demand - they would not listen to me about the debt being disputed (said YB have no record of my complaint when clearly they did )

So - Stat demand issued - I was given bad advice so not set it aside

since then MC Sols claim to have been trying to serve BP docs - and got to court today to be "served" by agent sols.

I have sent YB a SAR on Nov last year but they have only sent copy statements - NOT NOA or copy correspondence to MC Sols etc - or my original agreement with them .....

 

ANY help would be graetfully appreciated

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not hot on SDs but can you not apply for it to be set aside now??

 

AFAIK there is no time limit, especially as information has come to light that was not available at the time

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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  • 3 weeks later...

Can anyone help - judge didnt throw the case out - MC sent an agent who served me a BPO on the day !! now listed for end of May - I am in the process of filing a form 6.19 and sending the judge a letter and copy docs as I do feel a bit intimidated in front of them - can anyone help with looking at my case in detail and give me some tips ?????

 

PLEEEEEEEEEEEEASE :(

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which case?? BPO ??

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Yes the BPO hearing _ worry that the DJ will make an order for what seems just nonsense and because i cant say the right things at the right time it just might happen !!!!

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