Marlin Europe Limited v liam T

[liam T]

issue date 21/10/14
date of service 24/10/14

particulars of claim:-
Monies due under current account overdraft. The claimants claim is for balance outstanding under a bank account facility HSBC Bank plc (HSBC) agreed to maintain for the defendant. It was a term of the bank account that any debit 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.
The claimant therefore claims
1 xxxxx.xx
2 interest pursuant to section 69 of the county courts act 1984, namely xxxxx and continuing until judgement or sooner payment at the rate of 2.41.

Hi all,
The amount demanded is 10 k plus.
solicitors for claimant are Mortimer Clarke
I intend to defend this in full. I have acknowledged service on the money claim website as of 26/10/14.
I am yet to send a CCA request as the site advised it is not applicable due to the demand being for an overdraft.
I have printed a letter from the site ready to send a CPR request but am not entirely sure what to request.
I was thinking requesting
1 Current account/overdraft agreement.
2 formal demand
3 Assignment.
Any other suggestions would be gratefully received.

As for the background to the demand.
it is related to a business account I had with HSBC.
I never had an overdraft for that amount. maximum overdraft was £500.
I did have a business loan with HSBC,taken out in 2008 or 2009. my last payment towards that was April 2010 and since then have not recognized or acknowledged this debt.
I would be truly grateful for any help regarding me defending this case.

Thank you

[Kafka]

Re: Marlin Europe Limited v liam T

Are you saying that they have added the loan to the OD? Would that combined figure be about right?

[liam T]

Re: Marlin Europe Limited v liam T

Hi thanks for your reply,
not sure but I certainly never had an overdraft for anything over £500.
there is no mention of a loan in the particulars of claim. was thinking they just have an amount owed and do not know what the original debt was for and have just put overdraft.
Business loan was for 10 k.

[liam T]

Re: Marlin Europe Limited v liam T

perhaps the basis of my defence is that i have never had an overdraft for that amount. which is the truth.

[liam T]

Re: Marlin Europe Limited v liam T

thinking about it the combined amount would be about right.

[icrina53]

Re: Marlin Europe Limited v liam T

Looks like Mortimer Clarke will be very busy next week, lots of CPR requests, including mine as well. Can't over any advise as I barely know what I am doing myself but there's loads of nice peeps here happy to help .
Good luck , I will keep an eye on your post , only because is very similar to mine, even the same companies.

[bluebottle]

Re: Marlin Europe Limited v liam T

Are you saying that they have added the loan to the OD? Would that combined figure be about right?

I've come across this in a case I'm dealing with at present involving my neighbour, Kafka, only the loan is looking very suspicious, especially when the creditor ignores repeated requests to provide proof of the alleged loan, knows the alleged debt is disputed, yet continues to hawk it around various DCAs who, when shown evidence of the alleged debt being in dispute, drop their begging letters and threat-o-grams pretty damn quick.

[Kafka]

Re: Marlin Europe Limited v liam T

I suspect they have deliberately conflated the OD and loan as an OD because that's easier than dealing with them as separate issues. If this is a business loan can the CCA route still be used to check the agreement?

[liam T]

Re: Marlin Europe Limited v liam T

I will also send a CCA request to claimant can't do any harm.
The thing I am confused about is why haven't they mentioned a loan as part of the particulars of claim?
the loan is 95% of the money demanded yet they have made no mention of a loan agreement. It also states in the particulars that any debt balance would be repayable on demand. I can understand that being a term of an overdraft but this can't be true of a loan surely. Sending CCA and CPR in the morning.

[Kafka]

Re: Marlin Europe Limited v liam T

I will also send a CCA request to claimant can't do any harm.
The thing I am confused about is why haven't they mentioned a loan as part of the particulars of claim?
the loan is 95% of the money demanded yet they have made no mention of a loan agreement. It also states in the particulars that any debt balance would be repayable on demand. I can understand that being a term of an overdraft but this can't be true of a loan surely. Sending CCA and CPR in the morning.

It may be that the claim is being fronted by some thicko who just sees it as one debt to one firm, and that's quite common. However, in this case its important because the legal issues are totally different between a regulated loan and an overdraft, so any defence needs to reflect that.

I'm still unclear whether a CCA request can be applied to a business loan, as that's not consumer credit. Can anyone advise?

[liam T]

Re: Marlin Europe Limited v liam T

The loan was taken out in the name of a company that no longer exists. Although I do remember having to sign a form in my name to be personal guarantor , HSBC would not lend over 3k if I didn't. I think they called it an indemnification,not sure if that's the right term though,perhaps they should have this piece of paperwork?

[Kafka]

Re: Marlin Europe Limited v liam T

I don't think that's really the issue here. What I was referring to is that the CCA deals with consumer credit, and businesses aren't consumer accounts.

[liam T]

Re: Marlin Europe Limited v liam T

Ok got you now.
Maybe they don't know if it was from a business account or not.
All I can do is respond to the particulars of claim I suppose.
Would appreciate any other advice.

[liam T]

Re: Marlin Europe Limited v liam T

Sent CCA and CPR letters today.
What do I do now?

[liam T]

Re: Marlin Europe Limited v liam T

Received letter back from mortimer agreeing to extension on time limit for filing defence. They did not send me any of the documents that I requested. I have informed the court in writing that mortimer agree to extension. Any suggestions what I can do now?