restons solicitors and marlin europe 1 count court claim

[ant3020]

hi everyone,

Im new here so please bear with me.
need some advice regarding defending a county court claim form sent through from restons solicitors, marlin europe & old HSBC current account and loan. I hopefully intend to defend this but need some advice, whats the best route to follow I already have a claim stayed from 2010 for a credit card which went to court and no signed CCA was produced, so that was stayed pending documentation which to this day has still not been produced and now this is a new claim for different accounts the the claim form states (The claimant Marlin Europe 1 ltd claims payment of the overdue balance due from the defendant under a contract between the defendant and HSBC bank plc dated on or about 04/03/1985 and assigned to the claimant on 20.02/2013) can I defend this as another account I had are is still dispute and as far as i'm aware is still on going at court as i recently had a letter from the other solicitors stating this fact / or am I better disputing this on the grounds that the account number they are making the claim on does not exist as they have basically made a claim against three different accounts and lumped them all together some of which I know to be added on bank charges and PPI on a loan account. any help would be gratefully appreciated

[PlanB]

Re: restons solicitors and marlin europe 1 count court claim



Can you post up the Particulars of Claim with all your personal details and the claim number removed so we can see exactly what documents the Claimant refers to (you've given us a bit). This is important because if HSBC have combined a loan and an overdraft without your agreement (i.e. not a consolidation loan with your consent) before they sold the debt to Marlin then they may be in some difficulty with this claim.

Also give us the background on these two different HSBC products including the dates each was opened and the balance claimed. Did you receive a Default Notice for the loan when you couldn't pay it, and a Notice of Assignment in February 2013 when it was sold to Marlin ?

[ant3020]

Re: restons solicitors and marlin europe 1 count court claim

hi,
thanks for the quick reply I'll dig out the account information and get back as soon as possible unfortunately may have to upload CC letter tonight as scanner isn't working at the moment.

[PlanB]

Re: restons solicitors and marlin europe 1 count court claim

I already have a claim stayed from 2010 for a another account I had are is still dispute and as far as i'm aware is still on going at court as i recently had a letter from the other solicitors stating this fact . . . . .

. . . . they have basically made a claim against three different accounts and lumped them all together some of which I know to be added on bank charges and PPI on a loan account

^^^^ Do you mean that this new claim is for three (not two) different HSBC accounts? Or do you mean you have a third HSBC account which is subject to a separate claim which has been stayed since 2010? If it's the latter case then please start a separate thread for that one so we can see what options you may have because it's been stayed for three years.

[PlanB]

Re: restons solicitors and marlin europe 1 count court claim

I'll dig out the account information and get back as soon as possible unfortunately may have to upload CC letter tonight as scanner isn't working at the moment.

Okay. Have you sent back the Acknowledgment of Service form to the court or ticked the online AoS box so we know how much time you've got to sort your Defence?

[ant3020]

Re: restons solicitors and marlin europe 1 count court claim

^^^^ Do you mean that this new claim is for three (not two) different HSBC accounts? Or do you mean you have a third HSBC account which is subject to a separate claim which has been stayed since 2010? If it's the latter case then please start a separate thread for that one so we can see what options you may have because it's been stayed for three years.

yes this claim is for 3 seperate accounts. The other court case being stayed at court from 2010 is for a credit card which they failed to produce any documentation other than T&Cs so judge stayed case pending them producing documentation and ongoing court case re Bank charges.

it gets a bit a confusing keeping track of threads.

[ant3020]

Re: restons solicitors and marlin europe 1 count court claim

I haven't filled in the defence form yet as I'm unsure which way to go with defending the case, I'm obviously going to have to ask for all usual paperwork from restons before hand but i have until 5th july to respond then a further 14 days to put defence in, but obviously I want to send in non admission form earlier than this.

[ant3020]

Re: restons solicitors and marlin europe 1 count court claim

Hi,

Thanks again for the reply I'll have to scan them in later on tonight as scanner isn't working at present should be sorted tonight, don't recall default notice on bank account for overdraft but think I may have received one regarding loan however this would have been around 2008 so may need to dig out paperwork but did have default notice for the loan which had PPI attached to it, I did dispute this when I stopped making payments on the loan, regarding this recent activity I have never received a notice of assignment, however I Have received a notice of change of agent stating as you have not agreed a payment plan with us the creditor has decided to appoint restons solicitors to take recovery. This I received on 8th May on 10th May restons sent usual letter demanding full amount and threatening CCJ,
I ignored this as it again contained an account number that was unrecognisable and I certainly wasn’t going to admit any amounts to Restons or Marlin on an account that wasn’t mine.


Experian record states following amounts

bank overdraft account was initially £1500 but default amount was around £2500 but already had bank charges which I had previously filed claim for prior to the default notice HSBC then continued to add charges to increase this but default on Experian states £2586

Loan account outstanding on Experian is £4421 (initial loan £10,000 plus interest but ended up nearer £14,600 complicated by having £2600 PPI and interest added to initial loan as one of payment I have filed a letter in 2009 regarding PPI but they disputed this and I have never re-filed since then even though Banks lost PPI case)

Finally revolving credit account £304

Restons solicitors appear to be claiming £7321 which appears to be all the default amounts on one account number which I have never agreed to or which I recognise. There is no other paperwork with the claim.

Sorry if the threads are out of sync but I’m new here and just trying to tie in as much info as possible

[ant3020]

Re: restons solicitors and marlin europe 1 count court claim

hi,
thanks again for your help attached claim form as requested as i said earlier the account number isn't one I have ever agreed to.

[PlanB]

Re: restons solicitors and marlin europe 1 count court claim

Send a PM to PT2537 who is a member on here but also works for a firm of solicitors which specializes in defending consumers against the banks. Put a link to this thread in your message. The firm won a case for me on a No Win No Fee basis last year so ask him to evaluate your situation Post up as much detail as possible about the three accounts included in the claim before you do that so he can see if you've got a viable defence :typing:

He's not fond of Marlin and even less fond of Restons so if he can going into battle for you I'm sure he'd be delighted :fencing:

Here's some background to the firm and it's successes http://www.watsonssolicitors.co.uk/latestnews.html

[ant3020]

Re: restons solicitors and marlin europe 1 count court claim

Send a PM to PT2537 who is a member on here but also works for a firm of solicitors which specializes in defending consumers against the banks. Put a link to this thread in your message. The firm won a case for me on a No Win No Fee basis last year so ask him to evaluate your situation Post up as much detail as possible about the three accounts included in the claim before you do that so he can see if you've got a viable defence :typing:

He's not fond of Marlin and even less fond of Restons so if he can going into battle for you I'm sure he'd be delighted :fencing:

Here's some background to the firm and it's successes http://www.watsonssolicitors.co.uk/latestnews.html

Thanks for the reply I'll do that first thing tomorrow, after I get all relevant details.