Hi Andy, Ive received a notice of transfer of proceeding today it says To all parties, This claim has been transferred to .... County Court for that court to deal with the claimants application for summary judgement That court will send you and the other parties notice of the time date and place of hearing. Do I do anything now or just wait to hear from my local Court? Thanks Loobie

So before I decide anything shall I write to Restons and ask them for a better copy of the agreement?

Hi Andy, aww I don't know what I'm doing to be honest. I know they've sent them now but I requested this back in March and have read that they were meant to reply within a certain time (weeks not months). Also the credit agreement is unreadable, I just don't want to make things easy for them so I'm just clutching at straws I think Loobie

Sorry to be a pest, but before I fill out the admission form should I write to Restons and state that the reason my defence was vague is because I have yet to receive responses from them in regards to my CPR and section 77/78 requests? Regards Loobie

Thanks for your help again Andy! To be honest I do owe the money and if I had it I would pay it - not all of it as a proportion of it is charges I just feel that they haven't done things fairly, I have never received any letters from Marlins and I believe they panicked as it was not long until the debt was statute barred. I can't afford to pay additional costs so it looks like I will be filling in the N9 Loobie

Hi Andy, I know you offered but I had submitted my defence before you posted I panicked as no-one had replied to me for a few days and I didn't want to miss the dead line. My defence was as follows: 1. I XXXX am the defendant in this action and make the following statement as my defence to the claim made by Marlin Europe II Limited Ltd. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 3. The claimants Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the Civil Procedure rules. (Even allowing for the constraints of the bulk issue system) 4. No documents supporting the claim in the particulars have been offered nor has any date of contract been stated which the defendant needs to establish what contract it is that this action is based upon and so the claimant's claim appears without merit. I have requested said documents and have received no response. 5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim. 6. If the Claimant is the Assignee and there has been an Assignment, it is contended that no such Notice of Assignment pursuant to the Law of Property Act 1925 has ever been received. Without a Notice of Assignment, the Assignment is merely equitable and the Claimant is put to strict proof to disclose this and proof that this claim can commence in their own name 7. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all. AND the Defendant Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed. Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules. The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents. these are the points they have made today: 1: The claim was issued via the County Court Bulk Centre which is a procedure specifically provided for in the CPR. The procedure only allows the claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. In any event, paragraph 5.2A of Practice Direction 7E specifically states "the requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this Practice Direction". 2: The outstanding balance referred to in the particulars of claim relates to a personal loan account with account number XXXXX. The original credit agreement between you and Lloyds was dated on or about 23 March 2004 (copy enclosed). Loobie

Hi all, thought no news was good news but ive received a letter from Restons today saying that the court has served them with a copy of the defence I recently filed, and they have listed 2 points of my defence with responses. They have enclosed the signed credit agreement dated in 2004 and also a copy of a letter I have never received from Marlin Europe II Limited dated 13 November 2012 basically saying that they had assigned the debt. It says on the bottom of the letter that in their view my defence has no prospect of success and our instructions are therefore to make an application to strike out the defence/for summary judgement and to seek an order that you pay our clients legal costs on a contractual(indemnity) basis. In order to avoid this, we invite you to withdraw your defence to these proceedings by completing the enclosed form N9A and returning it to this office within the next fourteen days. My defence was only so vague as I hadnt received any response from either Marlin or Reston on request of both CPR and section 77/78 requests. Do I respond to this letter? Thanks in advance Loobie

Hi all, need some help again. I submitted my defence on the 25th March, received an acknowledgement from the courts and have heard absolutely nothing since. Nothing from Restons or Marlin and it says on the court acknowledgement that they had 28 days after receiving a copy of my defence to contact the court, they were up on Monday if we go by my defence date, is this correct or do they have longer?

Ok thank you. Marlin and Restons have both received the letters I sent so should I be doing anything else in regards to them?

Hi Andy, haven't been on here in a while - grandad is in hospital. I panicked over the defence and just sent in bits id copied from this site that basically there wasnt enough information in the particulars and I still hadn't received the information I had requested from both Marlins and Restons so was in no position to be able to offer a defence. I had two letters from court last week just to say that my defence had been received. Still had nothing back from Restons regarding the cpr request or from Marlin with the section 77/78 feel like im stuck in limbo. I have had a reply from Lloyds Tsb though to say that I can collect my documents from my local bank on the 17th April Will keep you updated if anything else happens

Yes acknowledged both claim forms within the time frame. Thank you

issue date for both of them is 21 feb 2013

Hi all, just wondering if any of you have any advice regarding my defence, its getting nearer and nearer I have read a lot online and as Im not 100% sure about them being statute barred and I wont get this information from Lloyds until April I have concluded that at the moment all I can say is I owe nothing to the claimant? Can anyone help me put this into court speak please? I have heard nothing as of yet from either Restons or Marlin Europe so Im kind of in limbo. Thanks

will get them posted today. thanks once again andy your a gem

Nope told you I was dull. Do I need to send 3 separate letters and postal orders or all together as with the DSAR?

Hi Andy I have just been reading some posts and remembered you had said about section 77/78 requests, I havent done this, I havent sent anything to Marlins just the cpr requests to the solicitors. Do I need to send these?

hi again Ive now completed the acknowledgement of service, resent the cpr requests to Restons, sent of to lloyds for the dsar and done lots of reading but im still none the wiser about what im actually doing. I read on one site that a cpr is a waste of time :S I have looked through all my paperwork and found nothing at all relating to any of these so until I get a reply from lloyds I dont know when the last payments etc were made. I have a funny feeling that the credit card and maybe even the loan were already behind in payments so I really think the 6 years is up with them. What do I do now just wait to hear from the courts again or do I have to file a defence in 14 days from tomorrow Thanks in advance

ok thank you

afternoon all, Ive gone on moneyclaim to acknowledge and Ive highlighted that I want to defend all of the claim but then there is another box to contend jurisdiction and I have no idea what this means anyone help

Hi citizenB, this is for the cpr letters that andy drafted for me? He told me to send them to the solicitors, and I read not to sign these as they can use your signature for other purposes. So I have to now resend with them signed?

Hi all, ive had a letter today from Restons Solicitors which reads as follows: Dear Madam Marlin Europe II Limited v Me Please find enclosed a draft letter which purports to come from you but which is unsigned. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response. Yours faithfully Mr K Delves, Litigation Executive What do I do now?

thank you

Hi all, does anyone have the address I need to send the DSAR for Lloyds TSB please

ok is there a template for DSAR and is it £10 per account

thank you so much for your help andy, im sure i will have lots more questions - my brain is frazzled already what exactly do i need to read - and should i wait for a reply from them before I go down the DSAR route?