Marbles calling me - what to do?

digitalphase

Thanks very much Orford, although the link isn't working?

Orford

http://www.hmcourts-service.gov.uk/

Top left click Forms , then enter Ex160 and click Find.

digitalphase

I have a credit card debit with Marbles/HFC and am trying to reclaim the charges they have made on my account.
I've been sending all Martin's template letters to Marbles via the address I found on this forum which is:
Marbles/HFC Bank Ltd
135 North Street
Winkfield
Windsor
Berkshire
SL4 4TD

I have filed a case with the court using the N1 forms and sent three copies along with my fee last week to my local court. I put this address down as their contact address.

I kept getting phone calls from them and got a letter threatening me with a default notice so sent them a letter which I got from this site or Legal Beagles saying:

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I am writing with regards to my debt with your credit card company Marbles.

I consider the debt to be in dispute as the majority of the outstanding debt is made up of unlawful charges.

These charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that the charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that these charges do not reflect any actual and or real loss.

For your information, I will not be making any more payments to yourself until this matter is resolved.

Currently the amount outstanding on the account is £690.

The amount I calculate you have taken in unlawful penalty charges is £401. I am also claiming for interest at 8% of £70.34. The total claim is for £471.34. On the resolution of this matter I will resume making payments on any outstanding sum.

You will be aware that under the Banking Code, to which you subscribe, you may not default my account or take further enforcement action whilst the debt is in dispute. It is in both our interests to come to a swift resolution.


I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive. This includes: Ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

I am also writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I now require all further correspondence from your company to be made in writing only.

I hope to receive your full co-operation in this matter and would like to request a written response to that effect.

Yours Sincerely

xxxxxx

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I sent this to the above address. I phoned them to inform them I have sent the file to court and to ask them to stop the calls. They said they haven't received the letter but agreed a forwarder must have been set up from their old address - as above - to their new address so should reach them shortly. They agreed to stop the calls for a month.

I got another letter today wanting £51 off me and again threatening me with a default, so I phoned them again and she is now saying I need to send them the same letter to their new address!

This is OK, but what do I do about the N1 forms I sent to the court with their old address on? Should I phone the court to update them?

What a mess, this damn company has changed hands so many times during my account and been passed to Capquest as well so how am I supposed to know where to send correspondance to??!!!

esmerellda

Good news they agreed to stop calls. little respite there I guess.

Okay the N1 forms, call the court and tell them the company have moved and ask what you should do.

Service would be made to the wrong address, but as letters should be forwarded it shouldnt be a huge problem. The court may recommend you amend the claim via the form N244 but if its not been served yet you should be able to just get them to change it.

digitalphase

Thanks for your reply! I am sending a copy of the original letter along with an amended version of the same letter (they've changed my account number!) to their new address. Is that right?

esmerellda

yes thats fine

Companies often change account numbers when they pass accounts over to DCAS. Just an admin thing.

digitalphase

Thanks again!

I've just phoned the courts and they say I need to send 3 copies of the N1 form again but with the old address and new address on. The problem is they want the new address in red and I'm not sure how to do that in Acrobat! I've been modifying the N1 form I downloaded from the court's website and can't see an option to amend the text!

She said if I sent the N244 form I'd have to pay the fee again, which is odd, but I am not risking it!

esmerellda

Do it in handwriting in red ink. Thats normal any amendments on court forms need to be added in red ink and the original struck thorugh

digitalphase

OK thanks, hadn't thought of that! I'm so stressed out about the whole thing

digitalphase

Sorry, one more thing, in the box at the bottom where it wants the defendant's name and address again do I put the new address and should I put that in red as well?