Court Claim - MARLIN EUROPE I LIMITED / HSBC - 21-10-2014

[bb1927]

Received a claim? Yes
Issue Date: 21-10-2014
Amount approx: 7000
Claimant: MARLIN EUROPE I LIMITED
Solicitor: MORTIMER CLARKE
Original Credit: HSBC

Particulars of Claim:
Monies due under current account overdraft. The claimant's claim is for the balance outstanding under a Bank account facility HSBC Bank plc agreed to maintain for the defendant. It was a term of the Bank account that any debt balance would be repayable by the defendant in full on demand. Despite a demand being made, the defendant has failed to repay the amount due. The debt was assigned to the claimant on 15/02/2013.

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
I have until Monday 24th November 2014 to defend the claim. I know that it is a bit late, with a few days left, however any advise on how to defend this would be greatly appreciated. Many thanks.

[Kafka]

Re: Court Claim - MARLIN EUROPE I LIMITED / HSBC - 21-10-2014

:bump2:

[Amethyst]

Re: Court Claim - MARLIN EUROPE I LIMITED / HSBC - 21-10-2014

Oh blimey, so sorry I have completely missed this.

[Amethyst]

Re: Court Claim - MARLIN EUROPE I LIMITED / HSBC - 21-10-2014

First job is to get it acknowledged, you can do it online before 4pm Monday on moneyclaimonline using the user id and password on the front of the form. Tick intend to defend in full.

Then we have an extra 14 days to try suss out the case and any defence....or indeed make an offer to pay ( acknowlegdment isnt binding so you don't HAVE to defend just caus eyou tick that box now)

[Amethyst]

Re: Court Claim - MARLIN EUROPE I LIMITED / HSBC - 21-10-2014

Next thing is can you tell us a bit more about the account, and how you ended up with a £7k overdraft, charges?

[FlamingParrot]

Re: Court Claim - MARLIN EUROPE I LIMITED / HSBC - 21-10-2014

First job is to get it acknowledged, you can do it online before 4pm Monday on moneyclaimonline using the user id and password on the front of the form. Tick intend to defend in full.

Then we have an extra 14 days to try suss out the case and any defence....or indeed make an offer to pay ( acknowlegdment isnt binding so you don't HAVE to defend just caus eyou tick that box now)

Sadly this isn't the case, the claim was dated Oct 21st! Defence is due on Monday! :scared: :scared:

Received a claim? Yes
Issue Date: 21-10-2014
Amount approx: 7000
Claimant: MARLIN EUROPE I LIMITED
Solicitor: MORTIMER CLARKE
Original Credit: HSBC

Particulars of Claim:
Monies due under current account overdraft. The claimant's claim is for the balance outstanding under a Bank account facility HSBC Bank plc agreed to maintain for the defendant. It was a term of the Bank account that any debt balance would be repayable by the defendant in full on demand. Despite a demand being made, the defendant has failed to repay the amount due. The debt was assigned to the claimant on 15/02/2013.

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
I have until Monday 24th November 2014 to defend the claim. I know that it is a bit late, with a few days left, however any advise on how to defend this would be greatly appreciated. Many thanks.

[Amethyst]

Re: Court Claim - MARLIN EUROPE I LIMITED / HSBC - 21-10-2014

Oh balls, I read it as 24th November to acknowledge, probably wishful thinking !

Have you sent any letters to the claimants at all ?

We definately need to know about how that 7k is made up to know if there is any chance of defending.

We could try ringing the claimant and asking them to agree and extension of 28 days under CPR 15.5 as you are waiting for information from them (then quickly bung out a CPR 31.14 letter for the terms, demand, assignment and how the balance is made up. Just to try get a bit more time to suss out your case.

Otherwise it'll be a case of getting together your IE and making an affordable offer (unless you can do a full and final at around £4k) and accepting the CCJ.

[bb1927]

Re: Court Claim - MARLIN EUROPE I LIMITED / HSBC - 21-10-2014

Many thanks for the replies. I haven't sent any letters to the claimant as yet, I appreciate I am pushing it for time, could this be an option to delay the defence, as alluded to above, if so which is the best template for this, and would they be worded differently if the claim is for an overdraft? I'm not even sure that this is an overdraft, it could be a flexi loan. My financial problems started in around 2008/9, when business took a downturn. I also have a similar claim from the same claimant, for another current account. I have responded online, is it the claimant I need to speak with to get more time, or is it the court? Sorry for asking so many questions, I'm just a bit anxious about the situation!

[FlamingParrot]

Re: Court Claim - MARLIN EUROPE I LIMITED / HSBC - 21-10-2014

Many thanks for the replies. I haven't sent any letters to the claimant as yet, I appreciate I am pushing it for time, could this be an option to delay the defence, as alluded to above, if so which is the best template for this,

You wouldn't be using any template, there is no time for that, as Amethyst posted above, you need to ring them and ask them to agree to a 28 day extension as allowed under CPR15.5. :cell: while you are waiting for information from them. :ranger:

I see the solicitors are Mortimer Clarke. They have been agreeable to an extension with other posters here so we can only hope. ray:

and would they be worded differently if the claim is for an overdraft? I'm not even sure that this is an overdraft, it could be a flexi loan.

Not for the purpose of requesting an extension, it doesn't matter what type of account it was.

My financial problems started in around 2008/9, when business took a downturn. I also have a similar claim from the same claimant, for another current account. I have responded online, is it the claimant I need to speak with to get more time, or is it the court? Sorry for asking so many questions, I'm just a bit anxious about the situation!

You need to speak to the claimant's solicitors (Mortimer Clarke) and ask them to agree to an extension and send you an email stating their agreement, you then have to forward that email to the court to inform them that the parties have agreed to an extension. :typing:

[bb1927]

Re: Court Claim - MARLIN EUROPE I LIMITED / HSBC - 21-10-2014

Thanks for the reply.

Today I spoke with MC Sols, they agreed to a 28 day extension after I emailed the CPR 31.14 letter. They wouldn't send me confirmation of this though, I needed to email the court by 4pm, they said I had to file a defence today. Not sure if that is fair or usual practice, as I would be filing a defence without seeing the relevant paperwork. So after speaking to the court, I filed a defence explaining the above, and I am unable to provide a full and frank defence without seeing the paperwork. Not sure what happens in this situation now, will a court date be set?

MC Sols also mentioned that it would be unlikely they would have an agreement as this is an overdraft. Would this work in my favour with regard to it being unenforceable. On other sites like GOODF they suggest the 3 letter process, what's the general consensus on this?

Thanks again for all your help!!

[Amethyst]

Re: Court Claim - MARLIN EUROPE I LIMITED / HSBC - 21-10-2014

The general consensus on the three letter process is




So, next steps, 1) post a copy of your defence up to check if any remedial work is needed
2) Overdraft debt can't be unenforceable under the CCA as overdrafts are exempt from that Part V of the Consumer Credit Act.
3) Is this definately a personal account ?
4) Send a CCA request for the flexiloan anyway just incase it's all merged together
5) Send a SAR ( subject access request under the data protection act ) to HSBC to find out how the debts accrued.


What happens now ?

Well once a defence has gone in it is sent to the claimant and they have 28 days to respond to the court whether they wish to proceed or not. If they don't then the case gets stayed and you can ask to have it struck out. If they do then you will receive a directions questionnaire to have the case transferred to your local court, who will then either set a hearing date or issue directions ( poss asking the claimants for the documents / evidenc erequired on the debt)