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Marlin/ Mortimer clarke/ HSBC CC court summons - WITHDRAWN !!!

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  • #16
    Re: Marlin/ Mortimer clarke/ HSBC CC court summons

    http://www.theukcardsassociation.org...ice_and_links/

    1969
    UK domestic cheque guarantee scheme is established.

    1972
    NatWest, Midland, Lloyds & RBS join together to issue the Access credit card under the Joint CreditCard Company (JCCC).

    1972
    Lloyds Bank ‘Cashpoint’ is the first on-line verified ATM using plastic cards with amagnetic stripe.

    1974
    Consumer Credit Act (Section 75) provides protection to consumers buying goods costing between £30 and £10,000 (£100 and £30,000 in 2005) on their credit card: if the product turns out to be sub-standard, or fails to be delivered, the cardholder can claim compensation from the card-issuing bank. The Act (Section 84) also limits customerliability to no more than £50 if cards are stolen, and used by someone else.

    1977
    Barclaycard issues the first UK company card – hitherto cards had been issued only to individuals.

    1977
    Consumer Credit Act comes into force on July 1st 1977

    ==================================================

    its pretty obvious marlin have literally "cut & pasted" the date of the original consumer credit act meaning if the act was 1979 they would say you took it out in 1979

    as the above clearly shows --- access credit cards were in existence prior to 1974.



    ====================




    on the balance of probabilities they sent you an unsolicited credit card -- which according to the consumer credit act 1974 became known as a credit token It is a known documented fact that a certain bank [or even banks ](one of these 4 banks NatWest, Midland, Lloyds & RBS)

    actually sent out unsolicited access credit cards to their trusted customers . why ????




    think about it " in the beginning 1972" access had no customers so on the balance of probability is it going to (a) ask someone to apply


    HP (hire purchase ) was more than a sauce then or (b) send unsolicited credit cards --- remember we had no CCact then


    because access had to compete with the "continually "loss making" Barclaycard and get its membership "up" to compete with Barclaycard.


    (A) it would be very interesting to know who the original "alleged" parties to the "alledged" agreement are claimed to be

    (i) would they say natwest (ii) would they say access (iii) some alternative ?

    (B) bear in mind the question of whether the claimant believes the ccact 1974 relates to the claim.

    (c) original terms and conditions

    Comment


    • #17
      Re: Marlin/ Mortimer clarke/ HSBC CC court summons

      Originally posted by Angry Cat View Post
      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
      To reiterate, Marlin are at the bottom of the stinking cesspit of debt collection. And, known for chasing dead donkey debts!

      They pay their staff very badly, a low wage, which has to be topped up by commission on what the drones collect.

      The creature, in the film above still works for Marlin...

      PURSUE THEM FOR FULL DISCLOSURE.

      Comment


      • #18
        Re: Marlin/ Mortimer clarke/ HSBC CC court summons

        Originally posted by gallahad View Post
        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.
        Originally posted by gallahad View Post
        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
        Originally posted by PlanB View Post
        Of course they haven't got a copy of the original agreement because there was no agreement :doh:
        Sadly, if this was opened in 1974, then they don't need to provide anything other than current terms and conditions in response to a s.78 request.

        I have seen lots of arguments on the subject of pre-1985 credit cards, including Access cards. The question here is whether the product changed enough to require a new agreement, for example, if the Access card was restricted use and was then turned into an unrestricted use card, it could be similar to PlanB's case. :grin:

        Comment


        • #19
          Re: Marlin/ Mortimer clarke/ HSBC CC court summons

          Thanks for that info FP does that also mean the faulty DN is no defence?
          G

          Comment


          • #20
            Re: Marlin/ Mortimer clarke/ HSBC CC court summons

            This does beg the question as to why HSBC declined to respond to the S77/78 request if it were this simple for them? Also why HSBC themselves or one of the other 9 DCAs never pursued the debt through court?
            G

            Originally posted by FlamingParrot View Post
            Sadly, if this was opened in 1974, then they don't need to provide anything other than current terms and conditions in response to a s.78 request.

            I have seen lots of arguments on the subject of pre-1985 credit cards, including Access cards. The question here is whether the product changed enough to require a new agreement, for example, if the Access card was restricted use and was then turned into an unrestricted use card, it could be similar to PlanB's case. :grin:

            Comment


            • #21
              Re: Marlin/ Mortimer clarke/ HSBC CC court summons

              Marlin, couldn't go back and repair an ineffective DN...!

              Comment


              • #22
                Re: Marlin/ Mortimer clarke/ HSBC CC court summons

                Originally posted by gallahad View Post
                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
                "I have a letter from one of the nine DCAs appointed prior to Marlin buying it claiming it was opened in 1974."

                The above sounds very airy fairy...
                And, the OP was/is perfectly within their rights to have made an S. 78 CCA Request for information. Further, it is not clear/written in stone that the purported credit card account was applied for in 1974; never believe anything a DCA spins.

                As far as I can remember, the only C.C. available in 1974 was a BarclayCard! Not counting Amex and Diners, of course.
                http://www.theukcardsassociation.org...ice_and_links/

                Comment


                • #23
                  Re: Marlin/ Mortimer clarke/ HSBC CC court summons

                  Originally posted by Angry Cat View Post
                  "I have a letter from one of the nine DCAs appointed prior to Marlin buying it claiming it was opened in 1974."

                  The above sounds very airy fairy...
                  And, the OP was/is perfectly within their rights to have made an S. 78 CCA Request for information. Further, it is not clear/written in stone that the purported credit card account was applied for in 1974; never believe anything a DCA spins.

                  As far as I can remember, the only C.C. available in 1974 was a BarclayCard! Not counting Amex and Diners, of course.
                  http://www.theukcardsassociation.org...ice_and_links/
                  Indeed, but the issue here is that the requirement to respond to a CCA request with just current T&Cs goes all the way to May 1985, that is, 11 years later.

                  It's always tricky, because you are in a catch 22 situation: the creditor won't be able to PROVE when the account was opened without paperwork, and they won't have paperwork going that far back, nor are they required to have it, but the debtor will be in much the same position, i.e. unable to prove the account was opened much later, possibly as late as June 1985, in which case the creditor would have an obligation under s.78. :decision:

                  Comment


                  • #24
                    Re: Marlin/ Mortimer clarke/ HSBC CC court summons

                    http://www.accesscreditcard.info/History.asp

                    http://hansard.millbanksystems.com/c...s-credit-cards

                    But the Terms of the card must have been varied numerous times...!

                    In any event, they will have to come up with something better than they have prior, in order to comply with CPR 31.14/15. And, then an extension for more time as I doubt they can comply.

                    I know a lot about the Marlin/M/C covert strategies

                    Comment


                    • #25
                      Re: Marlin/ Mortimer clarke/ HSBC CC court summons

                      Originally posted by Angry Cat View Post
                      http://www.accesscreditcard.info/History.asp

                      http://hansard.millbanksystems.com/c...s-credit-cards

                      But the Terms of the card must have been varied numerous times...!

                      In any event, they will have to come up with something better than they have prior, in order to comply with CPR 31.14/15. And, then an extension for more time as I doubt they can comply.

                      I know a lot about the Marlin/M/C covert strategies
                      This is an interesting point, because although they do not have to supply a copy of the agreement if the card was obtained before May 1985 to satisfy a s.78 request, they would still have to disclose the documents they intend to rely upon, and one of them must be the alleged agreement.

                      Comment


                      • #26
                        Re: Marlin/ Mortimer clarke/ HSBC CC court summons

                        thanks for the hansard link it backs up everything we know is true about people in 1972 receiving unsolicited credit cards (which became known as credit tokens in the ccact 1974)

                        ----------------------
                        barclaycard also did the unsolicited trick

                        http://www.theguardian.com/money/200...cards.business


                        ---------------------

                        however what these MP's didn't know at the time was that Barclaycard made losses for many years .

                        in the first 11 years of Barclaycards existence in 10 of the years it made a loss (the losses were never stated ) in 1972 it made a £300,000 profit (the year access was launched). So bad were the losses that it almost threw in the towel.



                        there seems to be a difference of opinion when the consumer credit act 1974 came into effect


                        option a (sorry we are too thick to understand this) can someone help ----


                        http://www.legislation.gov.uk/ukpga/...dule/3/enacted


                        Schedule 3Transitional and Commencement Provisions




                        Note. Except as otherwise mentioned in this Schedule, the provisions of this Act come into operation on its passing, that is on 31st July 1974. Part II of Act Credit Agreements, Hire Agreements and Linked Transactions


                        option b as we quoted before


                        http://www.theukcardsassociation.org...ice_and_links/

                        ----------------------------------

                        the question we continually ask is who was the original creditor --

                        Comment


                        • #27
                          Re: Marlin/ Mortimer clarke/ HSBC CC court summons

                          Mortimer Clarke have failed to respond to my CPR 31. 14/15 request and my defence is due in 7 days any advice please/
                          G

                          Comment


                          • #28
                            Re: Marlin/ Mortimer clarke/ HSBC CC court summons

                            You need to ask for an extension!

                            http://www.justice.gov.uk/courts/pro...art15#IDAUXHCC

                            Comment


                            • #29
                              Re: Marlin/ Mortimer clarke/ HSBC CC court summons

                              I have already got the 14 day extension allowed by the court and in my CPR request I asked from Mortimer Clarke an agreement for a further 28 days which has of course been ignored.
                              G

                              Comment


                              • #30
                                Re: Marlin/ Mortimer clarke/ HSBC CC court summons

                                Any Judge would take an extremely dim view if, Marlin attempted to take the matter before him/her without complying with disclosure!
                                Suggest you write to the Court, keep them informed.
                                You cannot possibly defend without obtaining full disclosure.

                                Comment

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