HFC Marbles credit card SD - was dismissed as voluntary joint charge provided - now owed by Cabot - settled at home sale - was i overcharged?

[tedney]

Thanks dx.

if I understand you correctly, I should send a SAR to Mortimer Clarke?

The payment was made to their account.

They were taking instructions from Marlin Europe 1 Ltd.

No action is needed on the Court's Order?

I understand about the other Cabot debt.

Thank you.

 

t

[dx100uk]

just re read. all are cabot group but id sent everyone an sar each its free now.

cabot, mortimer, marlin 1 

On 11/03/2024 at 15:34, tedney said:

No action is needed on the Court's Order?

whT COURT's ORDER AND WHAT ACTION ? opps caps

On 24/01/2009 at 18:28, tedney said:

I was issued with a Statutory Demand by a cedit card company a while back

and subsequently agreed to a Legal Charge on a property for a fixed sum.

HFC raised a statutory demand ..you then panicked and agreed and you both signed a voluntary charge.

there is nothing you can do now at all

dx

[tedney]

Thank you dx.

"I subsequently agreed to a Legal Charge on a property for a fixed sum"

But the CH1 Legal Charge, Paragraph 8 stated "To secure the sum of £9,817.15 only, such sum to be repaid by a schedule of repayments as may be agreed by the parties from time to time"

I had an agreement, as referred to in post numbers 55 and 67 amongst other posts on this thread and payments were made on a monthly basis for many years.

My point is that the balance owed, after the agreed monthly payments made after the issue of the CH1 to clear the charge as at January 2023 was lower than that stated by Mortimer Clarke.

They were informed of this.

I received no statements from anyone showing all payments made.

I "panicked" (as you describe) as I was threatened with bankruptcy and had inadequate legal advice as mentioned in a previous post on this thread.

I'm just trying to obtain some justice!!!

In response to post 85:

I quote from my post number 82:

Before the Legal Charge was issued Weightmans tried to make me Bankrupt.

This was dealt with in a county court which made an order in the case, dismissing the Bankruptcy Petition.

In the Court's Order, there is a Note to Debtor:

“It is your responsibility and is in your interest to ensure that the registration of the petition as an entry, both in the Land Charges Register and your registered titles, is cancelled.”

I have checked today and can confirm that the entry of the charge on the Land Registry has been removed.

Does this satisfy the Court's Note please?

That is a quote from the court order when the bankruptcy petition was dismissed.

[dx100uk]

2 hours ago, tedney said:

I have checked today and can confirm that the entry of the charge on the Land Registry has been removed.

Does this satisfy the Court's Note please?

yes

2 hours ago, tedney said:

the CH1 Legal Charge, Paragraph 8 stated "To secure the sum of £9,817.15 only

12 hours ago, tedney said:

The original Legal Charge on the CH1 included a Weightmans fee of £741.50.

The sum of £7,322.36 (including W. fees) was paid to Mortimer Clarke to satisfy the charge in January 2023.

The last payments were made in 2021.

According to my records, the actual sum owed, after considering the repayments made since the Legal Charge was issued, was £5,889.88.

The last account statement was received in October 2009.

an overcharge of £1,432.48 upon settlement.

On 29/12/2009 at 14:53, tedney said:

I tried to get the SD set aside, as the amount stated on the SD was above the sum on the "default notice" by approx £1K5 (overall sum approx £9K)

£1500 added from the default notice figure. a DN that is not 'met' within 14 days should lead to termination of the agreement, no further interest should thus be charged.

On 25/08/2014 at 15:50, tedney said:

I was paying off regular amounts before charge, and after DN 

 the repayment figure should thus be even lower then, not £1500 higher.

.....................

the issues in red need to be confirmed by statements etc.

now if you are ever going to get statement of that age out of cabot is another matter.

i would however be sending cabot an sar and in addition to the std statement regarding data they cabot hold,

i would also a line to include :

this sar also relates to data held by companies within your group, including but not limited to: Phoenix (list all the DCA's/sols that have ever had a finger in this debacle) 

 

[tedney]

Thanks for your help dx,

Am sending SAR's off today.

t

[tedney]

UPDATE

After sending copies of my driving licence and passport to Cabot (at their request!) Cabot have confirmed that they will provide the response to SAR before 22nd April. They reference the original HFC Bank (Marbles) credit card, as noted on the CH1 legal charge.

Responding to the figures in red on DX' post #86, I have never received statements from anyone for my payments since September 2009, when Phoenix Recoveries allegedly "owned" the debt then. The Statement was provided by Weightmans, payments were being made to Marbles. A written statement verifying the charge on the CH1 was never formally provided, having been agreed at the court hearing.

In response to my SAR Weightmans state that they have no personal data for me, they do confirm that they were "formally instructed" by both Phoenix Recoveries and Marlin, and said they do not hold my personal data "disclosable to you (sic) under Article 15 UK GDPR"

I have had no responses to my SAR requests from Mortimer Clark or Marlin. I appreciate that they are part of Cabot, but as per previous post, SAr was sent to all.

Thanks

t

[tedney]

Another Update

Mortimer Clarke have advised that they will not be providing any information to me under my SAR, as they have been requested to supply to Cabot. Their letter to me was initially sent to an incorrect address! Hopefully they will supply correct information to Cabot!

Weightmans have confirmed that HFC (the original creditor) sold the account to Phoenix on 20/5/2008, then on 12/04/2011 Phoenix sold the account to MCE Portfolio Ltd (which have I had never been advised of!) Then on 17/10/2011 MCE transferred the account to Marlin 1 Europe. On 18/02/2016 Marlin then assigned the account to Cabot Financial (Marlin) Ltd.

In 2018 Weightmans stated that they were instructed to "close all live files on this portfolio". Weightmans have not confirmed who instructed them and precisely when. Weightmans also stated that "as W ceased to act on the account over six years ago, we no longer have a file on our system which relates"

 

[tedney]

I have had a further response from Cabot. They state that they have "found" 2 additional accounts in my name on their files, and did I want the SAR to apply to these accounts too.

One of the other accounts they have already confirmed to me is unenforceable. The other account they say is "closed". It was originally a MSDW credit card account which was moved/sold to Goldfish in their corporate shenanigans.

I stopped paying that card very many years ago, as MSDW were returning my payments!

My question is,

if I confirm to Cabot that I want the the SAR to apply to these accounts too, will they/can they resurrect any issues with these 2 accounts?

A comment relevant to post #107 above, Mortimer Clarke have agreed a small payment to me in respect of their mistake of sending correspondence to the wrong address!

Thanks

t

[dx100uk]

you cant unbar a debt, once SB'd.... not even a judge can do that!
dx

 

[tedney]

I have now received my SAR.

It includes a great deal of information!

s there a time limit on how long account information is kept and/or can be provided to debtors?

I have received many account statements which were not previously sent to me.

I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case?

Also what, if any, are the regulations in regard to adding fees to a debt?

Can fees be added to a debt after the court has approved a charge on a property.

Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made!

Following the Legal Charge, I paid every month until my payments were refused.

I am trying to compute the over payments, but the addition of fees etc. is confusing me.

Any comments and/or help would be appreciated.

[dx100uk]

depends what the fees are, typically nothing can be added once judgement is passed bar litigation costs.

on document retention time limits etc at least 6yrs previous must be held though many hold complete info.

as for acronyms and abbreviations ideally yes they should 

 

 

[AndyOrch]

Charging Orders do not attract any fees or interest/charges , it is merely a provision to secure the judgment.

 

 

.

[tedney]

Default Amount £9237.88, all this started in 2006

Admitted debt £9075.65

Weightmans added £1515.01 immediately they became involved, no explanation

The Statement shows when Marlin bought debt in May 2011 £10439.25

Their statements, not received until the SAR, are based on this.

Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR.

Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee.

Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR

I had been paying monthly, without exception until December 2018.

I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made?

I consistently disputed Weightmans balances, but they never responded.

I also told Mortimer Clarke/Cabot that I disputed their amounts.

 

[dx100uk]

must rather see the statements.

dx

[tedney]

I don't have all the statements, they were not all provided.

I have latter years from Marlin 2011 to close at 2023, and just a10 month period from Weightmans starting October 2008.

Neither accurately record my payments, as above some payments, for which I do not have their statements were recorded by Weightmans over a year after they were made!

I can see the payments on their System Notes and Letters supplied with the SAR

I can send, but I would need to send very many pages and you or someone would need to scroll through all the entries to identify the payments made.

There are only the actual statements as I have described above.

This I have done hence the figures above.

Thanks

t

[tedney]

I have been checking through the documents sent to me under the SAR.

There are 2 sections: "Copies of all correspondence that has been received and filed" and " Copies of all system letters that have been generated and sent". Within the "system letters" section there is a sub-section marked "System Notes supplied by Weightmans and Mortimer Clarke".

Would it be expected that these sections are comprehensive and do reflect all incoming and outgoing correspondence and accurate details of all payments made into the account? There are many items not mentioned in the notes that I have received in the SAR but were sent, and other items recorded in the system notes that I have not received or seen before.

In the event that items such as letters and payments made are known to have been sent/made and yet are not noted, and payment details not supplied/recorded what would be the best way forward? I have never received statements for some periods that the account was "open" and payments made during those periods are not shown in the notes.

Thanks

t

 

[dx100uk]

if you have YOUR bank statements totalling who you paid and when regarding this debt....

and

you have proof that unlawful fees/sums have been added to the sum adjudged in court from the HFC SD that you've now paid....

i would be putting all that evidence together and demanding cabot refund said figure in 14 days else you'll raise a court claim...but don't bluff.

dx

 

[tedney]

Thank you dx, that is what I intend to do now.

I have gone through all the SAR documents, a lot of which I am seeing for the first time!

As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received.

Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery.

I have all the proof you mentioned from my files for payments and from their SAR info for fees added.

Thanks

t