Mortimer Clarke / Marlin / First Direct Summons Received - Help required

[Keepingabraveface]

First post so apologies if its a bit of a ramble,

I received today a claim form from Northampton County Court, claimant MCE (Marlin) in respect of an debt with HSBC. It mentions a bank account facility and they are claiming over £10K.

I got myself into debt in the mid 2000's trying to support my business with credit card and overdrafts and it all went horribly wrong.

The weird thing is, this debt is actually 2 debts. One for the current acc and one for a credit card.

I was harassed by Marlin in 2007, 2008 and 2009 and as I lived with my parents, they were getting most of the calls to their home number and the rest to my mobile.

I know I shouldn't have but I paid monies to Marlin in 2009 but then received some debt advice and was advised to write to Marlin as it was felt that they did not officially own the debt. I made a CCA Request but it was returned and refused as they said it related to a Bank account and was not covered by CCA. I wrote to HSBC and asked them to clarify the situation (no response) so I wrote back to Marlin and made another CCA Request and never heard anything more.

I got a letter from Mortimer Clarke a couple of weeks ago saying I owed them £10K and had to contact them as soon as possible and today I got the Claim for from the court.

Can someone confirm my position regarding the CCA request, can Marlin combine 2 debts, a bank account and a credit card and then add on £5K worth of interest?? Do I have grounds to defend the case in respect of this?

I am scraping by on less than minimum wage at present as I became a full time carer to my father in 2009 and since he passed in 2013, have struggled to get back into work.

Thanks in advance for any advice offered.

[Kafka]

Re: Mortimer Clarke / Marlin / First Direct Summons Received - Help required

hello and welcome to LB

Can you post up the precise particulars of claim from the form please so we can see that first.

[Keepingabraveface]

Re: Mortimer Clarke / Marlin / First Direct Summons Received - Help required

Afternoon Kafka. Sorry to sound dumb, but I don't want to scan the whole thing as its got my personal details on there. can you tell me what particulars you need?
Thx

[Amethyst]

Re: Mortimer Clarke / Marlin / First Direct Summons Received - Help required

Just the bit that says ' The Claimant claims £7878 for an outstanding debt under an agreement ........ has failed to pay '' etc.

[Amethyst]

Re: Mortimer Clarke / Marlin / First Direct Summons Received - Help required

It is useful to see the actual wording of the claimants statement of case (particulars of claim from the front of the claim form) to see how they have broken down the debt or if they have covered it all under the bank account and thus help forming responses that need to be made.

We have had a few claims lately where different kinds of debts have been amalgamated to go to court and the pretence being made that it is ALL an overdraft.

Could you give us an idea of what you THINK might have been left owing on each of the current account, credit card, loan etc pls.

[Keepingabraveface]

Re: Mortimer Clarke / Marlin / First Direct Summons Received - Help required

Hi,

I have attached a scan of the claim particulars.

[Amethyst]

Re: Mortimer Clarke / Marlin / First Direct Summons Received - Help required

Excellent thank you. So yes they are 'pretending' it is JUST an overdraft.

Let me know those guestimate figures how it's broken down.

[Keepingabraveface]

Re: Mortimer Clarke / Marlin / First Direct Summons Received - Help required

Current Acc was £2.2k, Creit card was £3.3k. They are going after in excess of £10K.

[Kafka]

Re: Mortimer Clarke / Marlin / First Direct Summons Received - Help required

Given this muddle, you would be advised to send a Subject Access Request to HSBC to obtain all the data they hold on you, as that will clarify a lot of the issues. The problem with that is that they have 40 days to comply so it may not arrive before your defence needs to be in. However, there may be further delays if they agree an extension to find the documents themselves from HSBC, so this could well be £10 well spent.

[Keepingabraveface]

Re: Mortimer Clarke / Marlin / First Direct Summons Received - Help required

OK, so firstly, send of a SAR request to HSBC straight away. I will look on the site for a template. Should I say that I am going to defend?

[nemesis45]

Re: Mortimer Clarke / Marlin / First Direct Summons Received - Help required

Could you please advise the following:
When was the last payment or unequivocal written acknowledgment made in regard to each debt?
Do these debts appear on credit reference files as separate entries and or as a consolidated account.
If the debts do appear what is the default date on each one.

[Keepingabraveface]

Re: Mortimer Clarke / Marlin / First Direct Summons Received - Help required

Morning Nemesis,

They dont show up on my credit file. I believe the last payment was in 2009 before I was advised to make a CCA request.