"Mmmmm" he said, "That sounds just

What are you cooking? Bank fodder?

If you are satisfied that the sum demanded is correct and you are willing to make an offer of repayment, then this may be one of the few occasions when telephoning CDCS would be advisable, if only for speed. Try to obtain confirmation that previous correspondence has been misdirected and that you were unaware of the debt, or that you were being pursued for it. If you are in a position to pay off a sizeable chunk of the debt immediately and make an offer to pay the balance quite quickly, you may be able to persuade the bank not to record a default. That perfect credit record is worth preserving. You could also try to negotiate an offer of full and final settlement. If you do telephone, record the conversation if possible. At least get the name of the person you speak to and their telephone extension number and an email address. Then, if you need to, confirm the outcome of the telephone conversation by email or by letter. Then get after your ex-partner for some recompense! Els

Hi ziggy. Can you please confirm that you were a sole trader? Do you have bank statements up to the closure of the business? If not, does your 'ex-partner' have them and can you get them back? Did he/she have the authority to write cheques or withdraw money from the account? Can you post up a copy (or the wording) of the letter from CDCS? If so, omit all personal details and account numbers,etc. Els

Hi MM. Please excuse the blunt questions – no offence meant. 1. If you thought that the loan was for only 10 years, why did you continue to make repayments for a further 3 years? Do you not have any copies of the original loan documents? 2. Are you sure that Natwest registered a charge over the property? Do you have any documents to prove that it was done? If not, you should apply to the Land Registry to search your property record and establish whether or not a charge was actually registered. 3. To invoke any legal charge, Natwest would have to prove to a court that there was an outstanding debt to be collected and, without a loan agreement, that would be difficult! 3. Banks are notorious for ransacking other accounts in order to pay off debt. They should not transfer money from a personal account in your (or your father’s) name to an account in the limited company’s name. However, they probably wouldn’t let a little technicality like that stop them. 4. I wouldn’t trust a bank as far as I could kick an anvil. If I found myself in a weak position with respect to a loan debt, I would move the bulk of my money elsewhere. For you to do this right now, though, would of course annoy them intensely and might worsen your situation, so you first need to know where you stand. Els

Brooklyn Ballad 1 Toity poiple boids A-sittin' on da coib A-choipin' an' a-boipin' An' eatin' doity woims

Hi Bluegal. You are not burdening us, you are unburdening yourself by sharing the problem. There are many people on here waiting to assist you. As jdes26 says, it would be very useful for us to read the actual letter that you received from Ms Harries. If you can post it up, don't forget to delete all personal identifying information, including account numbers. Els

Because they probably do not have what you require. They state in the particulars of claim that “the agreement was assigned to the claimant” If so, where is it? Much more likely that they simply purchased a tranche of old debts from YB and set about trying to collect on them. Both parties must now wait for the Court to consider the claim and your response. The usual next step is a directions hearing at which a judge will listen to both sides and decide upon a course of action. Both sides will be informed of the date by the Court. If you get a decent judge, he/she will require the Claimant to cough up the documents you’ve asked for by a specific date. If they do, then you should be allowed to submit your amended defence. If they don’t, it could be game over. Neither you nor Marlin can do anything in the meantime. Marlin should only approach you if they are making a genuine attempt to settle the dispute. If they do, let us know. In the meantime, try to get all your documents and letters together in date order, see if you can answer some of our questions and then take it easy for a week or two. Els:)

You should have a Defence & Counterclaim form N9B which you now complete and return to the Court. Box 3 is for the Defence. You may not be able to fit it all in, so the simplest way is to write "See attached Defence" in Box 3. Then type up the Defence on a separate sheet and sign and date it. Els

Hi jasper. You need to submit a defence tomorrow to be sure of complying with the procedure. I agree with citizenB that an 'embarrassed' defence is probably the best way forward. We really could do with answers to those questions but because of the short time available here's a draft for you to submit: Marlin Europe 1 Ltd – Claimant and XXXXXX XXXXXXXXXXX - Defendant Defence I XXXXXX XXXXXXXXXXX, a Litigant-in-Person, hereinafter referred to as the Defendant in this action, make the following statement as my Defence to the claim made by Marlin Europe 1 Ltd. 1. Except where otherwise mentioned in this Defence, the Defendant neither admits nor denies any allegation made in the claimants Particulars of Claim and puts the Claimant to strict proof thereof. 2. The Defendant is embarrassed at pleading to the particulars as they fail to comply with the Civil Procedure rules, in particular Part 16/Practice Direction 16 and in particular paragraph 7.3, as the claimant has failed to supply a copy of the written document which it purports forms the basis of this claim. 3. The Claimant has failed to set out how the amount claimed is calculated and has failed to attach a statement setting out all transactions, including the nature and scope of any charges, fees or interest added by the Original Creditor or the Claimant, or payments purported to have been made by the Defendant. 4. The Claimant has failed to also attach a copy of the Default Notice which it purports to have been served under s87 (1) Consumer credit act 1974. 5. The Courts’ powers of enforcement in cases relating to Regulated Credit Agreements under the Consumer Credit Act 1974 are subject to certain qualifications being met with regards to the form and content of the documentation, in particular any purported Credit Agreement and Default Notice. Therefore these Documents must be produced before the Court and must comply with the relevant sections of the Consumer Credit Act and the regulations made under the act. 6. The Claimant states that the purported Credit Agreement was assigned to it despite its statement in the particulars of claim that the Agreement had already been terminated. The Claimant has failed to attach a copy of a Deed of Assignment and proof of posting for a Notice of Assignment which is required to comply with Section 196 of the Law of Property Act 1925. 7. Consequently due to the Claimant’s failure to supply the documents required by the Civil Procedure Rules and the fact that the Claimant has failed to sufficiently particularize the claim the Defendant denies all the allegations in the particulars of claim that he is indebted to the Claimant in any way and puts the Claimant to strict proof thereof. 8. The Claimant has failed to follow the Pre-action Protocols insofar as it did not send any letter before action as required by paragraph 4.3 of Practice Direction-Protocols, nor did they attempt to enter into any negotiations to try and resolve the issues.*Omit this paragraph if not true. 9. Further to the case, on 25th July 2010* the Defendant requested from the Claimant disclosure of information pursuant to Civil Procedure Rule 31.14 inter alia a copy of the purported Credit Agreement referred to in the particulars of claim and copies of any Default or Termination Notices purported to have been sent to the Defendant *Check this date 10. To Date the Claimant has ignored the above request and the Defendant has not received any of the documentation requested. 11. The Defendant respectfully requests that, if the Claimant files and serves the information referred to above before the date of any hearing, the Court permits the Defendant to file and serve an amended Defence. 12. The Defendant further requests that, if the Court requires the case to proceed with the claim as stated, the Defendant be permitted to file and serve an amended Defence. 13.Notwithstanding the above, the Court may wish to make an order of its own motion instructing the Claimant to file and serve the relevant documents by a specified date, failing which the Claimants claim should be struck out as displaying no reasonable prospect of success. Change whatever you feel needs changing and if you have any problems completing the Court response documents, just shout. Anyone else reading this thread please comment and amend where you feel the need. Els

Hi jasper. As usual the devil is in the detail, that's why it's important to see who is named as the claimant and what the claim form actually says. If you post an image of the document, make sure you omit your personal details. Perhaps you could answer a few more questions to help us get a better feel for the situation: Was this a personal account or business account? If it was a business account, were you named as a sole trader or otherwise? Did you receive a default notice from Yorkshire Bank? Have you kept any letters from either YB or Marlin? Do you have dates, even approximate, for any meetings you had with the bank? Do you know name of bank official who organised the loan? Is she still at the branch? You have no copy of loan. Is that because you were not given one or because you discarded it? Does your partner know all about the problem? Els:)

I thought that might happen, so I have a copy if anybody wants one. Els

..and it makes very interesting reading too! Thanks to both of you. Els

There's one here Kenny;) http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/268024-bank-charges-donation-fund-2.html Els

It looks like a template order which should have had inappropriate instructions deleted. As others have suggested, call the court for confirmation of what's required. Els

I've always thought that Fat Cat Bankers were, like Goebbels, deficient in that department. Els

Hi Valhalla. Have you been able to deal with this problem? Els

LOL! You are not letting it go are you? You are dogged I must admit that... Els

This is code for Els

Don't get excited, tifo. Welcome Look at 'What we can't help with' Els

BBC News - Ex-solicitor general Vera Baird banned from driving How sad. Els

It played for me. Yes, what a shot. Did my old eyes deceive me, or did the ball start out doing ducks and drakes on the water? Els

Sorry Bookie, I should have put one of these after my comment! They are just putting off the evil day. Els

Well, GLC sort of answer it in the next paragraph 3 years limitation in Scotland? ....and it's Bank of Scotland, not RBS. Els

You're doing OK, Loopy-loo. At least your tackling the problem and not just ignoring it. Come back when you need some questions answered. Els