Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry... ;)

[Curlyben]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Oh yeah that would be nice.
Ta much.

Have you SAR'd HFC as this should produce the required paperwork, or not..

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

I sar'd hfc 23/6/09 &
I sar'd marlins 25/7/09

email will be sent in a mo...

[Happyolddog]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

You could send a non-compliance letter, that usually works.
One can be found here.
http://www.legalbeagles.info/forums/...ght=compliance

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Thanks! To hfc you mean?

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

I think you should have the email now cb.....

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Marlins were cca'd on 24 june 09 & they wrote back (15.7.09) saying that they were writing to hfc for the relevant documentation..........
This is now extremely overdue.... should I write to them? Or does the charging order on my property make them invincible?....

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Does anybody know if I should/can send marlins a default letter regarding not supplying the cca that I requested? .............

[Amethyst]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Yes you can, but leave out any 'so I wont pay anymore' bits from it.

You are basically collecting evidence to try and set aside the judgment, way after the event.

Have you also asked HFC and Marlins for breakdowns of the balance btw ? Should show up the discrepancies and charges. Also HFC are named on the charging order arent they - if the debts been assigned to Marlins it would have had to go through court as well to switch it to Marlins to allow them to add the interest and change where you are paying it to. From what you have already said Marlins have no right whatsoever over this debt and the entries on the credit file are illegal. So need to chase up the SARs to both. If nothing else should manage to get it sent back to HFC where it should be.

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Yes you can, but leave out any 'so I wont pay anymore' bits from it. Thanks, I'll do that today

You are basically collecting evidence to try and set aside the judgment, way after the event.

Have you also asked HFC and Marlins for breakdowns of the balance btw ? Should show up the discrepancies and charges. Also HFC are named on the charging order arent they - if the debts been assigned to Marlins it would have had to go through court as well to switch it to Marlins to allow them to add the interest and change where you are paying it to. From what you have already said Marlins have no right whatsoever over this debt and the entries on the credit file are illegal. So need to chase up the SARs to both. If nothing else should manage to get it sent back to HFC where it should be.

I had a statement from Mortimer Clarke which didn't show anything.
I am waiting on replies to sar requests to hfc & marlins.
Marlins say that they're not going to stop making data entries on my credit file & I have not responded to that yet either as I am unsure of what exactly to say/do?.........I'm assuming the default letter lets them know they can't legally keep doing this...
& to my knowledge, the charging order I have is the only 1 there is....

[Amethyst]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

When Marlins took over the debt, if they did so properly which is doubtful, then the court would have been informed and told you so you could defend the move, to allow payments to be made to them instead and also the land registry log changed to reflect that marlins own the debt.

I think they have been assigned it 'in error' so HFC make a bit of instant dosh on it farming it off to Marlins. You didnt have an installment order alongside the Charge order fro court did you, it was simply an arrangement with HFC and paid via your DMP ?

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

When Marlins took over the debt, if they did so properly which is doubtful, then the court would have been informed and told you so you could defend the move, to allow payments to be made to them instead and also the land registry log changed to reflect that marlins own the debt.

I think they have been assigned it 'in error' so HFC make a bit of instant dosh on it farming it off to Marlins. You didnt have an installment order alongside the Charge order fro court did you, it was simply an arrangement with HFC and paid via your DMP ?

As far as I am aware, it was just what the dmp set up with hfc. I was told that the charging order was just a formality to allow the instalments (& to stop interest being charged)... it does say on the charging order that "such charging order not to be enforced providing the defendant pays £xx per month. (Is that the installment order?).....

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

I have done a bit of fishing about & if I want to get the court documents for this, I need to write to the court for them.. because of the time lapse... they have to get them out of storage. Im going to do that now as I dont know how long the process will take...

[Mochamoo]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Your CO was 2007 wasn't it? BIL's CO was 2007 as well and he called Northampton court and asked them to post it out to him and they did, arrived 3 days later x

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Thanks Mocha, I've been waiting a week for documents from Bradford cc for another case... & the ones I have to write off for are in Leicesters basement.... what a palava! Think I'l go & chase Bradford up lol....

[Amethyst]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

If they don't supply the cca nor a deed of assignment (or whatever its called) then they have no legal right over the debt and can't take any enforcement action. You need to know if the debt has formally passed (which should show in the court docs) to Marlins before you change anything as to who you are paying. The installment order from the court was to pay HFC and its HFC who have the charge on the house, not Marlins.

theres not a great deal to be done other than chase up the cca and the sars, you can't take it back into court until you have all the information as HFC could just show up in court with the cca.

don;'t change the payments on the DMP at all yet.

I guess you could, once you have court docs to be sure, write to Marlins and say they have no legal right over the debt nor to apply markers to the credit file, nor add interest/charges to the debt, change the payments back to HFC, and see what they do.