Help Needed Please - Marlin Letters

[Joanna Connolly Solicitors]

Would be interest to know rough cost to engage with Di and the business she represents.

i believe if someone knows what they are doing the process is smoother and less likely for us to trip ourselves up. Plus it reduces the stress on my partner who is upset enough.

I've replied to your email

Di

[slay1373]

We did do the SAR and got a like of papers.

[Joanna Connolly Solicitors]

. Would be interest to know rough cost to engage with Di and the business she represents.

i believe if someone knows what they are doing the process is smoother and less likely for us to trip ourselves up. Plus it reduces the stress on my partner who is upset enough as this debt goes back to her previous marriage and her ex just wont help.

You need to establish whether the reconstituted credit agreement is ‘honest and accurate’ and you need to discover what other legal arguments you may have in your favour to defend the claim.

Have you ever sent a Subject Access Request to HSBC to get the full history of this account? If not then I suggest that’s your next step (it’s free now too). This will let you know what documents and information are held on your partner because if HSBC hasn’t got the data then how will Restons get it. What did they use to create that recon credit agreement etc.

If you need to contact me you’ll find my email address in my forum signature di@joannaconnollysolicitors.co.uk.

Di

[Warwick65]

I can not comment on fees but I do know the initial advice is always free. They took my case on a fixed fee but that was 12 months or more ago

[slay1373]

Thanks Warwick, that is something to consider. Would be interest to know rough cost to engage with Di and the business she represents.

i believe if someone knows what they are doing the process is smoother and less likely for us to trip ourselves up. Plus it reduces the stress on my partner who is upset enough as this debt goes back to her previous marriage and her ex just wont help.

[Warwick65]

Hi
Restons are notoriously difficult, you can tell by the way they tried to sidestep your cca request because you hadn't put a payee on the payment. They could have written it in!

If it were me I would be contacting Di to get some free initial advice

I engaged Joanna Connolly to defend a claim last year, it was money well spent, took a lot of pressure off me.

At least talk to Di and see if there is a defence before going forward.

[slay1373]

Di,

really apprecaite your time. If you need any clarification let me know. We are away till Thursday then home again.

if we go down the line of completing the payment plan option, now is a good time as she is not working having just moved to South East London.

[Joanna Connolly Solicitors]

Di,

the only thing we didn’t do was challenge their response about having sent the response to CCA which we thought was not valid as it was reconstituted and did not have my partners signature or handwriting.

Well if you had challenged the reconstituted agreement they may have simply tried harder to remedy any problem, so maybe keeping quiet was no bad thing.

I'll read through your thread to get the backstory and post again tomorrow.

Tell your partner not to worry because there are many ways to defeat a claim not just the credit agreement being unenforceable. They'll need to prove that they've complied with all their statutory obligations.

Di

[slay1373]

I think we ceased the £1 a month payment on advice in beginning of 2018 so nearly 3 and a half years ago.

[slay1373]

Di,

thanks, in response, the letter came tk my mums where we were staying until three months ago.

will need to check if there was a LBC letter received.

and yes it is Reston.

the only thing we didn’t do was challenge their response about having sent the response to CCA which we thought was not valid as it was reconstituted and did not have my partners signature or handwriting.

[Joanna Connolly Solicitors]

A copy of the letter is attached.

I've edited your post to remove the claim form to protect your identity.

Di

[Joanna Connolly Solicitors]

Got a county court letter from Marlin & Cabot today for the credit card debt. With the 14 Days +5 we need to act fast.

Options, as I see it are;

1. Pay up
2. Offer a payment option £10/month
3. Defend.

it went quiet for a while and last position was their letter stating they had sent the response to our CCA Request which was returned with an unsigned copy of a reconstituted agreement.

Partner is really concerned now as she needs to act fast as we only got letter today and already close to the 14 Days part as we have moved from address it was sent to.

You have 19 days from the claim Issue Date to file the Acknowledgement of Service and 33 days from the claim Issue Date to file a Defence.

I'll take a look back through your thread to see the history of this HSBC credit card debt before making any suggestions.

Let's hope you have a good reason to go for your Option 3

How did the claim form find it's way to your partner if you no longer live at the address where it was served? Marlin (is it Restons as the solicitors?) should have sent you a Pre Action Protocol 'Letter Before Claim' before issuing it so it's possible that LBC went to the wrong address too.

I know it doesn't feel like it, but it's lucky your partner has received the claim and not got a Default Judgment (CCJ) behind her back at the old address.

Di

[slay1373]

A copy of the letter is attached.

[slay1373]

Got a county court letter from Marlin & Cabot today for the credit card debt. With the 14 Days +5 we need to act fast.

Options, as I see it are;

1. Pay up
2. Offer a payment option £10/month
3. Defend.

it went quiet for a while and last position was their letter stating they had sent the response to our CCA Request which was returned with an unsigned copy of a reconstituted agreement.

Partner is really concerned now as she needs to act fast as we only got letter today and already close to the 14 Days part as we have moved from address it was sent to.

[Joanna Connolly Solicitors]

Re: Help Needed Please - Marlin Letters

We have received a response to the LBA from Restons Solicitors which I have attached here.I have also sent Niddy copies of the previous letters including the reconstituted agreement.

Any help would be really useful, my poor OH is really suffering as her father is on his last legs with cancer in NZ and this is not helping her in any way especially the threat of court action hanging over her!.

Have you (your partner) had any further threats of court action since Restons solicitors' letter dated 2nd June where they said they were instructed to issue legal proceedings 14 days later if you didn't make payment proposals?

Di