Hi

I've received a county court claim form from Marlin Europe II LImited Via

Mortimer Clarke Solicitors

It states

By an agreement between Lloyds Tsb ("LTSB") & the defendant on or around 01/07/1994 ("The agreement") LTSB

agreed to issue the Defendant with a credit card upon the terms & conditions set out therein.

In Breach of the agreement the defendant failed to make the minimum payments due

& the agreement was terminated.

The agreement was assigned to the claimant on 28/11/2013.

The claimant therefore claims

1: 13238.23

2. Interest pursuant to section 69 of the County Courts Act 1984, namely

2947.92 & continuing until judgement or sooner payment at the rate of 2.90

PLEASE HELP

--------------------------------

Hi and welcome to CAG

Please have a read here and provide the answers to the questions. Please post the answers here on your thread. This will give the guys the background they need to be able to help you.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

Please send off the CCA request and the CPR 31 request as mentioned at the bottom of that post.

Responses received state do not info and have asked Lloyds to provide time is now up. What do I do now?

Two threads merged. Please keep to this one thread for this issue.

On 8th May we asked you for more information....please let us have the details requested.

What is the date on the claim form?

Have you Acknowledged service?

Failure to comply with a CCA request should mean that they cannot enforce the any debt through the courts but you must get a defence in.

Hi I logged my defence with the court and then sent off cpr31 and cca requests.

I have been advised that they are unable to provide documentation and have requested it from lloyds

Can you post up your defence please leaving out anything which would identify you.

The legal guys will then be able to perhaps help you more.

I also advised the court that these items have been requested

Defence states:-

I do not acknowledge that this debt belongs to me.

I have issued a CPR 31.14 to Mortimer Clarke Solicitors requesting all documents relevant to this claim

Also a CCA request has been sent to Marlin Europe

Defence states:-

 

I do not acknowledge that this debt belongs to me.

I have issued a CPR 31.14 to Mortimer Clarke Solicitors requesting all documents relevant to this claim

Also a CCA request has been sent to Marlin Europe II Limited along with the statutory £1 fee required to provide this information to me

Defence states:-

 

I do not acknowledge that this debt belongs to me.

I have issued a CPR 31.14 to Mortimer Clarke Solicitors requesting all documents relevant to this claim

Also a CCA request has been sent to Marlin Europe

Can we have the full story behind this.

I do not acknowledge that this debt belongs to me.

Is this not your debt then? What are the circumstances as to why you don't think the debt is yours?

As I say, the full story would be useful.

Can we have the full story behind this.

 

 

 

Is this not your debt then? What are the circumstances as to why you don't think the debt is yours?

 

As I say, the full story would be useful.

I had a credit card with Lloyds years ago which was cleared in full when I was given the money by a family member to clear it.

I submitted my defence on line so do I need to add to it to say not received documentation requested?

Is there a follow up letter I can send to MArlin and MOrtimer Clarke? Please help me

Defence submitted 12//05/14.

Just wait for a response now from the claimant...they have 28 days to respond and proceed otherwise the claim becomes stayed.

Regards

Andy

Just wait for a response now from the claimant...they have 28 days to respond and proceed otherwise the claim becomes stayed.

 

Regards

 

Andy

Hi Andy

The claim was stayed but

now I have received a letter from the court to stating that they have applied for the stay to be removed

and that I will be advised as to when a court hearing will take place.

What do I do now?

The CCA agreement they sent me is dated 1998 and it looks like that it has been tampered with

as this cannot relate to rhis account which they stated was opened after this date.

Also I am missing the letter if assignment which they state they have sent me should I ask for a copy of this again?

Thank you in anticipation of your help

Hi Roog1e

Not to panic await the notice of hearing date and start to prepare for any hearing...may be prudent to draft a witness statement in response to their application to lift the stay..outlining their failing so far and as to why their application should be dismissed.

Regards

Andy

Hi

I have had a letter from the county court stating debt collectors have applied to have the stay removed

and that I will receive a hearing date within the next 3 weeks.

I had previously submitted letter to debt recovery company CPR31:14

I received copy of credit card application form from 1998 which has lots of crossing outs on it

and been tampered with as debt they are chasing is from 2010.

Also no notice of assignment received.

Shall I request copies again?

Hi Roog1e

 

Not to panic await the notice of hearing date and start to prepare for any hearing...may be prudent to draft a witness statement in response to their application to lift the stay..outlining their failing so far and as to why their application should be dismissed.

 

Regards

 

Andy

Hi Andy

I have now received a date for the hearing.

I have now received some documentation also which consists of

some statements of account,

letter of assignment,

default notices

a copy of the agreement

[which has lots of crossing outs on, incorrect address and dated 1998

The account number is wrong and this has been covered over with hand written account number. ]

I have no idea of how to start with my defence.

Would you please help me?

trying to magic up paperwork hoping you'll fall for it huh?

Hi Andy

 

 

I have now received a date for the hearing.

 

 

I have now received some documentation also

which consists of some statements of account,

letter of assignment,

default notices and

 

 

a copy of the agreement

which has

lots of crossing outs on,

incorrect address and

dated 1998

The account number is wrong and this has been covered over with hand written account number.

 

 

I have no idea of how to start with my defence.

 

 

Would you please help me?

What date is the hearing...you need to submit your witness statement not less than 3/7 days.

Can you possibly scan and upload a copy of the agreement...less any identifiable data?

Regards

Andy

Hi Andy

The agreement is dated 1994. I will continue to try to upload it.

here

Good luck to them if that's the best they have to rely on.

That's an illegible application form..... 2 out of 10 for effort.

That's an illegible application form..... 2 out of 10 for effort.

I was hoping you would think that!. The account number top left has been covered over and account number typed in. It is however incorrect number. Would someone be able to help me with submitting my defence please?

Good luck to them if that's the best they have to rely on.

Hi Andy thanks for your comment it has reassured me a little. Would you be able to help me write my defence I'm not sure what I should write.

Plenty of defences in the link below....simply adapt to suit your claim.

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

Ok thanks Andy

I've had a look through but not really sure which one to use in my case.

Would u be able to point out one so that I can get an idea of what I should be including,

then I can write my defence around it.

Thank you again I'm sorry to be a pain but I think that the stress of this is not allowing me to think clearly.

Hi can anyone help me with this please?

The Notice of assignment and default notice, statement of accounts have all been provided in the court particulars but not provided to me prior to this despite being requested.

The CCA provided relates to an old credit card account taken out in 1994 which is no longer in use and it is illegible in places.

How do I write my defence around this please.

Andy will be along with better advice for you.

But if the agreement is illegible then I do believe it is unen, unless they changed those rules too?

Besides they WILL need the original document produced in court.

Did you make a CPR 31.14 request to see these documents or a CCA request?

If it was under the CPR rules, then that should form part of your defence, in that they failed to comply with pre action protocols blah blah blah.