Marlin/ Mortimer clarke/ HSBC CC court summons - WITHDRAWN !!!

[gallahad]

I have received a claim from Northampton CCBC regarding a credit card debt with HSBC. Supposedly now purchased by Marlin Europe 1 and using Mortimer Clarke solicitors to bring the claim.
Having made a formal request to HSBC in March 2009 Pursuant to s.77/78 Consumer Credit act 1974 they repeatedly declined to respond unless I supplied another request to include my signature. As there is no requirement under the act for me to supply my signature and they had been writing to me at the same address with confidential information for 20 years I declined. As a result of this my request has never been complied with and I am given to understand this in itself is a defence for said claim.
They also sent what I believe to be a faulty as it did not allow 14 days for me to remedy the alleged breach.
I have acknowledged the claim and notified my intention to defend in full. I am about to send a request for all documents mentioned in the P.O.C under CPR 31.14 and also requesting a further 28 day extension to my defence date.
Any advice will be much appreciated
G

[Angry Cat]

Re: Marlin/ Mortimer clarke/ HSBC CC court summons

Know much about Marlin...raised eyebrows!
Marlin, are at the bottom of the pathetic pile of slugs...minus of any ethics

Pursue, them for 'FULL DISCLOSURE'!!!

Mortimer Clarke, are their broom cupboard legal firm who are situated on the ground floor of the illustrious, Marlin, building in Worthing, West Sussex. (spit when one walks past their office; not far from Worthing Railway station.

AC

p.s. Marlin, treat their telephone drones as badly as their debt customer victims, also

[bluebottle]

Re: Marlin/ Mortimer clarke/ HSBC CC court summons

Here is a video from YouTube - a Dispatches tv documentary programme - about Marlins which exposes them and their tactics very nicely -

PART 1 - http://www.youtube.com/watch?v=veE1SS9Q6Tk
PART 2 - http://www.youtube.com/watch?v=u2wm52ozoLc
PART 3 - http://www.youtube.com/watch?v=eHPTChiyoxo
PART 4 - http://www.youtube.com/watch?v=zeenYRgqICo

It should give you a pretty good idea of the people - if you can call them that - you are dealing with. Note what the independent advisor says very carefully.

[PlanB]

Re: Marlin/ Mortimer clarke/ HSBC CC court summons

I have received a claim from Northampton CCBC regarding a credit card debt with HSBC. Supposedly now purchased by Marlin Europe 1 and using Mortimer Clarke solicitors to bring the claim.
Having made a formal request to HSBC in March 2009 Pursuant to s.77/78 Consumer Credit act 1974 they repeatedly declined to respond unless I supplied another request to include my signature. As there is no requirement under the act for me to supply my signature and they had been writing to me at the same address with confidential information for 20 years I declined. As a result of this my request has never been complied with and I am given to understand this in itself is a defence for said claim.
They also sent what I believe to be a faulty as it did not allow 14 days for me to remedy the alleged breach.
I have acknowledged the claim and notified my intention to defend in full.

Can you tell us a bit more about the HSBC debt. When was the account opened, how was it opened (online or an application form in the branch), how much is the claim and so on.

Then send a PM to PT2537 with a link to this thread once you've posted up as much information as possible since he is a lawyer who specializes in defending claims using the best bits of the Consumer Credit Act to our advantage

He saved my bacon last year when I was issued with legal proceedings by Santander for a credit card debt which turned out to be unenforceable in court. Plan B = Mayhew in this case. Read all about it:

http://www.bbc.co.uk/news/business-17670803

[gallahad]

Re: Marlin/ Mortimer clarke/ HSBC CC court summons

Hi PB, I have a letter from one of the nine DCAs appointed prior to Marlin buying it claiming it was opened in 1974. I believe that was when Midland Bank originally sent me an Access credit card. As you know Midland were taken over by HSBC and I had a series of Cards from 1974 until 2009. As I have never received any information on an agreement from the OC so really do not know when this particular card account was opened. The alleged amount is over 10K and at this time I am pinning my defence on their failure to comply with my CCA request and the faulty DN. PT is aware but is unable to assist at this time.
G

[charitynjw]

Re: Marlin/ Mortimer clarke/ HSBC CC court summons

Hi Gallahad,

Have you received, via recorded delivery, a Notice of Assignment as per the Law of Property Act?

[gallahad]

Re: Marlin/ Mortimer clarke/ HSBC CC court summons

I have received a NoA but not by recorded delivery.
G

[PlanB]

Re: Marlin/ Mortimer clarke/ HSBC CC court summons

I have a letter from one of the nine DCAs appointed prior to Marlin buying it claiming it was opened in 1974. I believe that was when Midland Bank originally sent me an Access credit card. As you know Midland were taken over by HSBC and I had a series of Cards from 1974 until 2009. As I have never received any information on an agreement from the OC so really do not know when this particular card account was opened. The alleged amount is over 10K and at this time I am pinning my defence on their failure to comply with my CCA request and the faulty DN. PT is aware but is unable to assist at this time.

Damn :Cry:

In 1999 (or thereabouts) Midland Bank closed the original Access accounts and *opened* the new HSBC accounts without issuing new CCAs. This happened to me and I have a letter on file which confirms it. Do you have your old paperwork?

[gallahad]

Re: Marlin/ Mortimer clarke/ HSBC CC court summons

Sadly I don't PB but I do believe they have no agreement and that's why they played silly B*****s with the signature thing.
G

[PlanB]

Re: Marlin/ Mortimer clarke/ HSBC CC court summons

Sadly I don't PB but I do believe they have no agreement and that's why they played silly B*****s with the signature thing.
G

Of course they haven't got a copy of the original agreement because there was no agreement :doh:

[gallahad]

Re: Marlin/ Mortimer clarke/ HSBC CC court summons

Looks like a may have a sound defence then.
G

[charitynjw]

Re: Marlin/ Mortimer clarke/ HSBC CC court summons

I have received a NoA but not by recorded delivery.
G

http://www.legislation.gov.uk/ukpga/...20/section/196

(4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [F1by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

Registered post no longer exists, but I would have thought that it should be sent in an equivalent manner.

[gallahad]

Re: Marlin/ Mortimer clarke/ HSBC CC court summons

Would someone from Admin be kind enough to move this thread to the VIP forum
G

[PlanB]

Re: Marlin/ Mortimer clarke/ HSBC CC court summons

Would someone from Admin be kind enough to move this thread to the VIP forum
G

to the VIP Zone. What took you so long cheapsgate :rofl:

[gallahad]

Re: Marlin/ Mortimer clarke/ HSBC CC court summons

I was already VIP honest but did not realise it needed to be here.
G