Help Needed Please - Marlin Letters

[slay1373]

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

[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]

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.

[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]

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]

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

[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

[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.

I've replied to your email

Di