Urgent Please Advise HSBC or Marlin merged O/Draft + Loan in Court Claim

[won'tgiveup]

Hi and thanks for all help and advice from the forum.
My first post !
HSBC or DCA Marlins have issued Court Claim for a Current Account 'Overdraft' when the amount is almost tenfold the original OD debt. This must include a loan or C Card with HSBC.
So far I have Acknowledged the claim online and am in the process of asking for CCA from Marlins and CPR 31.16 from Solicitors.
Please advise me as this is my first time in dealing with a claim. Any details you need please ask as I don't want to make a mistake at any stage. Hence apologies for going over 'old ground'.
Currently following and using this thread
http://www.legalbeagles.info/forums/...ic-information

Thanks again for any help.

[won'tgiveup]

Re: Urgent Please Advise HSBC or Marlin merged O/Draft + Loan in Court Claim

Hello

Any advise or assistance would be appreciated.

Thanks

[FlamingParrot]

Re: Urgent Please Advise HSBC or Marlin merged O/Draft + Loan in Court Claim

Hi and welcome to LB

Hi and thanks for all help and advice from the forum.
My first post !
HSBC or DCA Marlins have issued Court Claim for a Current Account 'Overdraft' when the amount is almost tenfold the original OD debt. This must include a loan or C Card with HSBC.
So far I have Acknowledged the claim online and am in the process of asking for CCA from Marlins and CPR 31.16 from Solicitors.
Please advise me as this is my first time in dealing with a claim. Any details you need please ask
as I don't want to make a mistake at any stage. Hence apologies for going over 'old ground'.
Currently following and using this thread
http://www.legalbeagles.info/forums/...ic-information

Thanks again for any help.

If it's an overdraft the CCA request wouldn't apply, however, it would to a loan or credit card. A few questions:

• Did you have a loan and a credit card with HSBC as well as a current account?
• If so, when did you last make a payment?
• Could you post up the particulars of claim? :typing:
• Who are the solicitors? Restons? Mortimer Clarke? Those are the ones Marlin normally use.
• Have you sent the CPR 31.14 request letter which is referred to on that thread?
• How much is the amount claimed?

[won'tgiveup]

Re: Urgent Please Advise HSBC or Marlin merged O/Draft + Loan in Court Claim

Hi

Yes had a credit card and loan with same lender. The overdraft was £1000 and they have issued a claim stating 'Overdraft' for over £8000.
Mortimer Clarke are acting solicitors.
Due to post CPR 31.14 tomorrow as needed it to go Recorded Delivery and was working today.
Experian report shows HSBC O/D default March 2010 for just over £1000
Also shows Marlin bought and defaulted the amount in March 2010 as a package as amount is nearly £6000
The C Claim states 'Monies due under current account overdraft'
This is untrue, we have a copy of the HSBC default letter showing the original current account number and the overdraft at just over £1000
Thanks so much for you assistance

[FlamingParrot]

Re: Urgent Please Advise HSBC or Marlin merged O/Draft + Loan in Court Claim

Hi

Yes had a credit card and loan with same lender. The overdraft was £1000 and they have issued a claim stating 'Overdraft' for over £8000.
Mortimer Clarke are acting solicitors.
Due to post CPR 31.14 tomorrow as needed it to go Recorded Delivery and was working today.
Experian report shows HSBC O/D default March 2010 for just over £1000
Also shows Marlin bought and defaulted the amount in March 2010 as a package as amount is nearly £6000
The C Claim states 'Monies due under current account overdraft'
This is untrue, we have a copy of the HSBC default letter showing the original current account number and the overdraft at just over £1000
Thanks so much for you assistance

Have you got notice(s) of assignment to Marlin for these debts?

Have you got any paperwork showing you had a card and/or loan?

[won'tgiveup]

Re: Urgent Please Advise HSBC or Marlin merged O/Draft + Loan in Court Claim

Hi

Yes have some paperwork for the C Card and loan
Not sure if letter of assignment was received.
Can they really combine debt like this and call it O Draft ?
They certainly won't be able to find any documents showing an OD at that level.

[Amethyst]

Re: Urgent Please Advise HSBC or Marlin merged O/Draft + Loan in Court Claim

The claim is just for the overdraft according to their poc, they can't just add a loan into the claim amount without stating it, therefore if you were to defend the claim or making an offer you'd be getting your evidence together showing the debt was only £1000 odd... so how the debt is made up, a sar to HSBC would be a plan there as well,

If they intend to claim a loan debt from you then they would need to do a separate claim or amend this one to state both causes of action clearly.

[won'tgiveup]

Re: Urgent Please Advise HSBC or Marlin merged O/Draft + Loan in Court Claim

Will do so and post update.
Thanks

[FlamingParrot]

Re: Urgent Please Advise HSBC or Marlin merged O/Draft + Loan in Court Claim

The claim is just for the overdraft according to their pock, they can't just add a loan into the claim amount without stating it, therefore if you were to defend the claim or making an offer you'd be getting your evidence together showing the debt was only £1000 odd... so how the debt is made up, a sar to HSBC would be a plan there as well,

If they intend to claim a loan debt from you then they would need to do a separate claim or amend this one to state both causes of action clearly.

I should think a part 18 request would be in order, to ask them to explain how they arrived at the amount claimed since they are claiming it's just an O/D. They have 40 days to respond to a SAR. :ohwell:

[won'tgiveup]

Re: Urgent Please Advise HSBC or Marlin merged O/Draft + Loan in Court Claim

Hi

Is there a specific template for this request ?
I have tried searching the site and it shows the CPR 31.16, is the part 18 much different in the wording or layout ?
If it turns out that they cannot prove that in fact the whole amount is O/Draft can they still continue the claim ?
Or does it just revert to the £1000 true O/Draft amount and if so can we then make an offer against that amount ?
Or will they have to go away and come back with another claim for the correct amounts against the individual debts ?
Thanks

[FlamingParrot]

Re: Urgent Please Advise HSBC or Marlin merged O/Draft + Loan in Court Claim

Hi

Is there a specific template for this request ?
I have tried searching the site and it shows the CPR 31.16, is the part 18 much different in the wording or layout ?

Apologies for not having replied earlier.

The relevant part is here: http://www.justice.gov.uk/courts/pro...rt18/pd_part18
A part 18 request is a letter in the format below. The questions are just examples, you'll need to fill in your details. Basically we're trying to find out what they are claiming for, in addition to requesting documents under CPR 31.14 which I assume you've done.

IN THE XXX county court

CLAIM NO:
BETWEEN:

XXXXXXXXXX

Claimant

and

XXXXXXXXXX

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: XXXXXXXXXX (claimant)

Please answer the following questions:

1. What is the HSBC account number shown as the defendant's account number?
2. Please provide copies of the terms and conditions for the account in question.
3. Please provide full details, including documents such as statements, of how the claimant arrived at a figure of £xxxx.xx

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU.

[won'tgiveup]

Re: Urgent Please Advise HSBC or Marlin merged O/Draft + Loan in Court Claim

Hello
Solicitors have replied stating that they 'have received a request for documentation confirming the outstanding balance and they are taking their client's instructions in relation to the request and will come back to me as soon as they can' !

Their 14 day deadline for the Part 18 request is Sunday 11th May.
The 28 day deadline for my defence is Thursday 15th May (+5 days for service of claim).
Can a claim be changed to show OD, Loan or CC as separate items on one claim ?
Can they still add the interest to the claimed amount that they have done so when it is not all OD?
Any advice on my next move would be appreciated.
Thanks.

[won'tgiveup]

Re: Urgent Please Advise HSBC or Marlin merged O/Draft + Loan in Court Claim

Hello, Anyone ?

[Amethyst]

Re: Urgent Please Advise HSBC or Marlin merged O/Draft + Loan in Court Claim

As far as you and their claim is concerned the claim is for the overdraft. If you receive nothing from their CPR request then you can apply to the court to force them to allow you to inspect the documents they rely on, so in response to their ether ask them to agree an extension to the date for filing defence under CPR 15.5 - if they get to the end of that or don't agree then you apply to court. Alternatively you could defend the claim, if you wanted to, by admitting the amount of the claim you know you owe on overdraft and make an offer to pay, and deny the rest, then they'd have to prove the rest is owed...I'd prefer the application route personally.

[Amethyst]

Re: Urgent Please Advise HSBC or Marlin merged O/Draft + Loan in Court Claim

Hello
Solicitors have replied stating that they 'have received a request for documentation confirming the outstanding balance and they are taking their client's instructions in relation to the request and will come back to me as soon as they can' !

Their 14 day deadline for the Part 18 request is Sunday 11th May.
The 28 day deadline for my defence is Thursday 15th May (+5 days for service of claim).
Can a claim be changed to show OD, Loan or CC as separate items on one claim ?
Can they still add the interest to the claimed amount that they have done so when it is not all OD?
Any advice on my next move would be appreciated.
Thanks.

Well didn't really answer your questions did I.

Ye they can change the claim nut they would have to apply to the court to amend their statement of case to say it was OD of £xxxx, loan of £xxxx and co.card of £xxxx.


Interest wise? Section 69 at 8% ?