Marbles calling me - what to do?

esmerellda

Yes that would be a good idea

digitalphase

Thanks for all your help Esmerellda

Do you know how long it should be before I receive a response?

digitalphase

Question as in title really.

I've sent the forms off - N1 - and am just wondering when I can expect a reply. This whole thing has been dragging on for months now so I hope it's sorted soon. I then have claims to file with MBNA and Barclayloan.

esmerellda

This is credit card claim isnt it, 28 days until you receive a defence - if they enter one. Then allocation around 2 weeks later and possibly a court date a couple months later if you are lucky, hopefully they will pay up before entering a defence

esmerellda

14 days to acknowledgement from the bank (plus a few days for service to take place) and then a further 14 until they enter a defence. The court should send you a copy of the form when they serve it on the defendant.

digitalphase

Thanks! So they have 28 days to enter a defence, I thought it was 14 days or is that bank accounts?
Yeah this is for a credit card

digitalphase

I have had a lot of confusion over my credit card claim with Marbles/HFC Bank as they have about 10 different addresses and have just sold their company to RBS I think, so I sent the original N1 form to their previous address in Winkfield, which is the one I sent all my template letters to. When I phoned them they said I needed to change the address. I had already sent the N1 forms to my local court with their old address on. I asked advice on here - please see my older threads - and phoned the court up. The advice was to re-print the forms with the new address on in red ink and the old address in black ink. I went to all the hassle of printing off 3 copies of the N1 form, plus 3 copies of a 2 page attachment for the claim details as well as scanning the charges printout and printing it 3 times. I also had to buy a red pen! Anyway I sent it off recorded delivery. 1st class. They should have got it the next day.

Today I get a Notice of Issue with my claim form attached with the OLD address in Winkfield attached! What should I do? Marbles etc have loads of addresses so surely they must have a redirect to go to whatever address deals with it?

I'm really fed up of all this and really hope it gets sorted out in my favour!

It says the defendant has until 25th march to reply - do I have to do anything?

digitalphase

Anyone got any ideas?

esmerellda

It should be reissued to the right address by the court. I would give them another call and confirm with them whats happening, If it has gone to the wrong address they will have a forward set up as you said so it will be fine....I wouldnt leap on default judgment when the 14 days are up for acknowledgement though as they would be likely to get set aside.

digitalphase

I've got an ongoing problem with Marbles. I have filed a case at court with an N1 form and have sent them various letters telling them I am doing so. I also sent them this letter on 4th March:

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Dear Sir or Madam,

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxx

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

xxxxxxx

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I kept getting letters threatening me with a default notice so phoned them AGAIN who told me they had changed address and despite the previous 'adviser' telling me a mail redirect would be set up from their old address, this woman said to send the letter again to their new one. I did. I sent exactly the same letter, with the original letter attached. I sent this on the 10th March.

I have now got a letter saying this is a default notice and that I am in breach of that clause 2.2. They want me to pay £68 before 24th March. I got a letter from the court yesterday saying the defendant has until 25th march to reply to my claim.

What on earth do I do! They're not allowed to give me a default right? Though please see my thread from yesterday as despite sending new forms to the court with their new address on, the court has sent me back a copy of the form to go to their old address. They have about 5 addresses, I am so confused with the whole thing.

What should I do? Please help! I am so stressed with all this.