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alan651

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About alan651

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  1. Hi, I need some urgent advice and time is running out. I have an options hearing next Monday and through the post today I received some information from the pursuer's solicitor, which proves the debt I was defending, is genuine. I have been requesting this information since April and they have left it to the eleventh hour to produce this information, too late to change any pleas etc. Is it possible to change my plea to accepted, cancel the options hearing and apply for a time to pay option? I cannot see the point in any more time being wasted on this matter. I would rather p
  2. Quick update on my progress Submitted defences on 14th July and have to wait until 11th September before any further action is required court wise. However, I submitted a CCA request on 20th June and today, after 7 weeks (49 Days) I received a reply from Shoosmiths. The letter states that the debt refers to an overdraft with Lloyds TSB and as related to an overdraft, there is no regulated agreement which requires to be produced in accordance with the consumer credit act 1974 and they have no credit agreement to produce. They have now instructed their client to order the rel
  3. Hi, Submitted Form 07 (notice to defend) last Friday at sheriff court. Action by the sheriff clerk on receipt of a NID (court form O7) On receipt of a Notice of Intention to Defend (NID) in the sheriff court, the sheriff clerk will fix a date and time for an options hearing . The sheriff clerk will also send a notice to both the pursuer and defender advising the last date for submitting defences (that is 14 days after the expiry of the period of notice) the last date for adjusting pleadings, that is 14 days before the options hearing ( DMBM680090) the date of the options
  4. Just had a thought on this claim: I was unemployed from Jan 2007 until Dec 2010, then employed part time up until May 2012, when I then started full time employment. During this period (2007-2012), I was barely able to make ends meet, far les make payments to anyone. I have not has any credit agreements since 2005 (car HP 2005- Close Bros- balance cleared by parents in 2007), due to my employment status. I have also not admitted or acknowledged any debt or claim to debt in the past 8-9 years. I did have a lloyds account from 1998 - 2007, but this was closed by Lloyds in 2007,
  5. Hi Andy, In response to your request: Name of claimant Marlin Europe II Ltd Date of Issue 06/06/14 Value of Claim £8365.28 Reason for claim Non payment Claim for Not specified as current or credit/loan account or mobile phone account ( the only reference is to LLoyds TSB Bank) Entered agreement I have not entered any credit agreements since Jan 2006 as I was unemployed up until Dec 2008 and kept clear of credit Original / Assigned Debt assigned to Marlin Europe II Ltd (debt purchaser) fr
  6. I phoned the Sheriff Clerks office this morning and explained the situation regarding receiving no information from the pursuers or their solicitors. I was informed that the return date for a response from myself is on Friday 27th June, this is not a hearing date and I will not have to attend court, this is only the latest date that one of two forms can be returned. They basically said that I have 2 options: 1. Accept the claim and send in the time to pay direction, which will be offered to the pursuers, if accepted the Sheriff will issue decree and payment schedule. 2. De
  7. Thanks for the reply. I have requested the information from the pursuer on 10 June, a copy was sent to pursuer sand their solicitors, both by recorded delivery and both signed for on 11 June. Also, I requested that the information, (original agreement, default notice, correspondence etc) was returned to me within 7 days of receipt of letter being received. To date, no reply from either party. This was the same response I received when I sent the original letter on 30 April and then they still lodged court action. As the return date for the court, either accept or defend, if this Fri
  8. Hi All, I will keep this brief and elaborate later if required. I received a letter from Shoosmiths Solicitors (Northampton office) on 29 April 2014, stating that they were acting on behalf of their client Marlin Europe II Ltd to recover a debt of £8675.25 and that I contact them immediately. I was unaware of any debt due, unaware of Marlin Europe II Ltd and no idea what was going on. Obviously I was shocked by the amount and wrote to them on 30 April 2014, requesting information on the debt, using the standard "prove it" and also requested that all legal process an
  9. The car pass card shows engine type as A20DTJ, which I presume s the 130. This still doesnt detract from the fact that they sold it as a 160, printed an invoice with 160 on it (later amended in pen to 130) and presented a V5 with 160 on it. Surely some of this documentation provided by them,shows misrepresentation of the vehicle? Also, would it not be their responsibility to check that the details on the V5 matched the actual vehicle. given the fact that the car has no external marking to advise customers of the actual engine size (eg 2.0 or 1.6 etc) and only shows INSIGNIA
  10. I am now worried about the re-sale status of this car as the V5 gives a different description to the actual car. Firstly, I would be looking at at lower re-sale value and secondly it would look suspicious to any buyer, dealer or private, if I sold the car as a 130hp and the V5 says 160hp.
  11. Hi, On Tuesday I bought a Vauxhall Insignia 2.0 CDTi SRI and on the V5 registration form from the DVLA it shows it as a 160 model. (160hp) Arnold Clark sold it as a Vauxhall Insignia 2.0 CDTi 160 SRI Hatchback. (so 160hp). So far so good! But, this has been the first day I have had free too have a proper look at the car and I noticed the manufacturers plate on the door pillar, next to the tyre pressure chart and it shows the car as a 96kw (130hp) model. Mmmmm strange, so after going through the huge pile of paperwork, that I got from the dealer, the computer generated sale
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