• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

My friend in trouble

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • My friend in trouble

    Hi All, I am a Newbie. Can anyone please help me help my friend who has been sent Court documents by Marlin/Mortimer Clarke for a debt of £1,500. Five and a half years ago her account with HSBC was raided fraudulently to the tune of £600. She complained and the money was returned 2 hours later. She thought that was the end of it (she is a young Asian Mum living alone on benefits with 4 children and did not understand fully what was happening). Two months later she is told by the bank that they believed her pin number must have been compromised and that she must pay it all back. Frightened, she agreed to ay back what she could, but had many problems and the repayments became too much. She told the bank she could not afford to pay. They said they would issue further adjusted repayment terms. She did not hear any more about this till a week ago when Mortimer Clark said she will go to court if she does not pay back a sum of (now) £1500. As I said she is on benefits and cannot afford to repay this. Should she offer to pay £4 per month - actually more than she can afford - or say 'take me to court' and see if a judge will consider she is in enough difficulty with 2 of her children in poor health and only public money to live on? I don't think she could deal with the stress of a court appearance or a proper legal sounding defence. Considering that she did not take this money and a fraud was committed in the first place, I think it is awful that she had to pay it back at all. And, why £1500 and not the original £600. Could they reduce this? The immorality of demanding repayment of this when she has been awarded a pittance by the state to live on seems disgraceful to me. No-one has contacted her since 5 years ago till now. What should she do? I don't know how to help her. Please help.
    Tags: None

  • #2
    Re: My friend in trouble

    Hello brokenmould1

    Your friend has got lots of real valid issues to raise here but it's the weekend so you may not get too many replies. Keep checking in with us though because we will have lots of questions to ask before deciding the best way forward for you friend

    Comment


    • #3
      Re: My friend in trouble

      Originally posted by brokenmould1 View Post
      Cann anyone please help me help my friend who has been sent Court documents by Marlin/Mortimer Clarke for a debt of £1,500.
      A quick question, when did your friend receive the court summons? You only have 14 days plus service time to reply onine. We may be able to help with the necessary response

      Comment


      • #4
        Re: My friend in trouble

        My suggestion would be for her to acknowledge the claim online and tick the box saying she intends to defend, which should give her a total of 28 days to start with.

        There are quite a few issues here but the court claim has to be dealt with in the first place, to avoid default judgment. :scared:

        When someone is reliant on benefits or has an income at a similar level, it is customary to pay just £1/month and even a judge wouldn't make someone pay what they can't afford, there are people with CCJs paying just that amount. Ideally though, a CCJ should be avoided, especially in view of the history of this account.

        Presumably it was an overdraft on a current account. I would day she should be able to request information under CPR to find out how the balance came to be £1500 from an initial £600… :confused2: Probably all charges! :rant:

        Comment


        • #5
          Re: My friend in trouble

          Thank you so very much for such quick replies! You are all so brilliant! I think I will advise her just to pay £1 per month. Let the beggars wait! This debt has been sold on twice! The bank knew she was a British Asian girl in trouble enough though never in debt till this. I am also going to email the Managing director of HSBC to introduce him to the immorality of ding this to someone with no protector and little knowledge of these pernicious systems with no heart. Thank you so much. What a brilliant web site.

          Comment


          • #6
            Re: My friend in trouble

            Tell her to complete a good income / expenditure form as well to prove £1 is all she can afford. Here's a good one:

            http://www.nationaldebtline.co.uk/en...dget-sheet.pdf

            Comment


            • #7
              Re: My friend in trouble

              Originally posted by brokenmould1 View Post
              Thank you so very much for such quick replies! You are all so brilliant! I think I will advise her just to pay £1 per month. Let the beggars wait! This debt has been sold on twice! The bank knew she was a British Asian girl in trouble enough though never in debt till this. I am also going to email the Managing director of HSBC to introduce him to the immorality of ding this to someone with no protector and little knowledge of these pernicious systems with no heart. Thank you so much. What a brilliant web site.
              Originally posted by labman View Post
              Tell her to complete a good income / expenditure form as well to prove £1 is all she can afford. Here's a good one:

              http://www.nationaldebtline.co.uk/en...dget-sheet.pdf
              The issue here is that she's already got a court claim and if nothing is done about the claim, default judgment will be obtained for the full amount claimed, even when it looks like this isn't really her debt, as not only was there fraud involved, but the sum was originally nearly a third of the amount claimed. I would say she should defend on those basis, this isn't really her debt, so there's no reason she should have a CCJ against her for something she didn't even borrow in the first place!

              Comment

              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

              Announcement

              Collapse

              Support LegalBeagles


              Donate with PayPal button

              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

              See more
              See less

              Court Claim ?

              Guides and Letters
              Loading...



              Search and Compare fixed fee legal services and find a solicitor near you.

              Find a Law Firm


              Working...
              X