Really need help on what to do!

[jasperdp]

Hi

I have a problem and really hope someone can help me.

 

During 2007/2008 I had an overdraft with Yorkshire Bank of £10000. I was working and had a little home business and was often in and out of the overdraft.

 

During the early part of 2008 I decided to try and expand my small business to make it my main income.

 

Unfortunatly this meant that I was in my overdraft most of the tme and in I think April I logged on to Yorkshire Bank online banking and noticed my overdraft had been set at only £2300. At this time I was about £8000 overdrawn.

 

I rang the bank and explained that I needed the overdraft as I hadn't the means to pay of the overdraft that was know unautherised, and asked why they had done this without informing me. They said they had informed me by letter and were not willing to budge in anyway.

 

I went into branch and the lady informed me that I only had two options. Pay off the overdraft myself or take a loan.

 

I tried to explain that I would find it difficult to make a set monthly payment and that should they reinstate my overdraft I should be able to repay it without the restraints of a set monthly fee.

 

She said that this was not possible and the loan was my only option. She did the calculations and the interest rate was huge. I complained and she said it was because my credit was low due to the overdraft. She showed me two amounts as I remember one with and one without payment prorection. I told her that I would struggle with both but she said take the one without the protection then and at least I would not have to find as much.

 

Shortly after I was made redundant with no redundancy at all so I have tried to expand my little business to make a living.

 

I defaulted on the payments almost straight away as I simply didnt have the funds.

 

I have now received a cc claim form from Marlin for the amount of £10109

 

£8993 + £825 in interest and £290 in court fees and costs.

 

I am really worried and don't know what to do next. Should I contact Marlin and attempt to negogiate a payment plan or is it too late. If I can how much should I offer, my new business is only just starting to turn a small profit and I have not yet took a wage, my partner has been suporting me and after a lot of hard work things have started to work.

 

I am more than willing to repay the debt, however I need time in order to get my self into a better financial position.

 

I live with my partner who is getting near the end of her fixed term mortgage, and i am worried that a ccj at our address will badly effect her chances when she remortgages.

 

I have a shop now, would it be possible to put this down as my address (it is possible that someone could live here) I am not worried about a ccj at this address as I do not use suppliers the goods I sell I produce myself.

 

I am lost at what to do. I have spent loads of time on the internet, esoecially this forum but just get more and more confused.

 

I feel I have rambled a bit I hope this is understandable. Any help would be gratefully received.

[jasperdp]

Hello

 

Can someone please give me some advice.

 

Thankyou

[reallymadwoman]

Hi and sorry you've not had a response yet.

 

To buy some time, you need to acknowledge service of the claim immediately - if the claim was issued through Northampton you should be able to do this online.

 

I hope someone will be along soon to give you specific advice on how to proceed further, but in the meantime you could help by posting up copies of any documents you have (loan agreement etc) after removing any personal details.

 

Did Marlin contact you at all before the claim was issued? If so, how and what was said?

[jasperdp]

Hello

Thanks for your reply. I will go online after I have posted this and acknowledge serviceof the claim. I have no documents relating to this loan, and I have only been contacted by Marlin as far as I know by letter asking me to contact them, but unfortunatly I am afraid I was in denial I suppose and kept my head in the sand. Is it too late to contact them now?

I want to repay this debt I am not looking at finding a way to get out of it. I am just hoping that in some way I can stop my partners house getting a ccj and pay a minimum until I am back on my feet.

Thanks Again

[jasperdp]

Hi if I acknowledge service of the claim, do I have to submit a defence or even admit liability or is it just acknowledging receipt.

Thanks

[Ganymede]

Hi if I acknowledge service of the claim, do I have to submit a defence or even admit liability or is it just acknowledging receipt.

Thanks

 

 

Acknowledging the claim just gives you further time to file the defence, it's not an admission.

[jasperdp]

Hello All

I have acknowledged the claim by fax. What will my next move be? Should I be contactiong Marlin?

 

Help gratefully received.

 

Kind Regards

[supasnooper]

Have a look at this thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[sleepingdog]

Hi jasperdp, from your postings I gather that you are worried about what may happen to you regarding the court claim.

If you look at the worst case senario then it may help to realise that things are not too bad.

Firstly if they win the case then as long as you had put a defence in and attended court and you I/E shows that you have little money left to pay any debts then the judge it likely to accept the small amounts that you are already paying and you should no longer be harrased about this debt as long as you keep making payments awarded by the court. Not that bad really

On the other hand with caggers help you may even win the case putting a end to your worries and who knows may even come away with costs.

I too owed a well known bank a fair sum and was worried sick and could not stand the phone calls and letters yet when they got a CCJ against me all my worries ended ,and due to no longer being afraid of court action have found that DCAs no longer scare me. Hope this helps you ar your time of need.

sleepingdog

Edited July 19, 2010 by sleepingdog
posted before finishing advice

[jasperdp]

Hi

I have read the thread and think I have the gist. Do I know ask Marlin for all papers relevent to the claim, when asking do I also ask for 28 days from recveipt of the papers?? Do I then inform the court that I am awaiting the relevent papers?

If this is right I will try and send the letter today.

Thanks

[supasnooper]

Yes, get the CPR31.14 letter requesting the documents off ASAP giving them 14 days to respond.

[jasperdp]

Hi

 

I have got my extension until the 9th of August.

 

This is what I intend to send to Mortimer Clarkes, do i need to send anything else?

 

I have also informed the court by phone that I have asked for these details.

 

Any help as always very gratefully received.

 

Dear Sir,

 

Re: Marlin v Me Case Noxxxxxxxxxxxxxxxx

 

CPR 31.14 Request

 

On 6th July2010 I received the Claim Form in this case issued by you out of the Northampton county court..

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of The loan agreement and default notice mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice*

 

 

 

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[jasperdp]

Hi

 

Can someone please tell me if this is ok?

 

Thanks

[Biniput]

I just used the templates for this such as:

 

http://www.consumerforums.com/resour...est-debt-a-dca

 

and

 

CPR 31.14 Request Letter - Help please

 

Then just edited it for my own use. You could just use that and change it to your circumstances or see if your own attempt matches the template provided above to see if it covers the same things or not.

[jasperdp]

Hello

 

I have sent of the above letter. What do I do if they dont respond in time? Do I submit an embarrased defence, and if so do I have to attend?

Thanks

[jasperdp]

Hello

I sent the cpr letter to the solicitors recorded delivery last week they should have received it last Tuesday. Their seven days are up and yet I have had no response. What do i do next?

My extra 14 days is up on the 8th. Do I have to submit the embarrased defence. I have also heard nothing from the court. I know they received my request as I asked them, is this normal.

Please help it would be gratefully received.

Thanks in advance

[jasperdp]

Hi

 

Could someone please help thanks

[citizenB]

Jasper, can you tell us the date of issue on the claim form. You will find that on the top right hand side of the claim form under the claim number.

 

Also, can you let us know EXACTLY what it says the claim is for ?

 

Have you checked on the Royal Mail Website to confirm that your CPR31.14 letter was received ?

[citizenB]

I see that you had gone into the bank to try to resolve the issue prior to the issue of the claim and that it was the bank that basically pressured you into taking out the loan. One of the site team has suggested you can use the following.

 

Quote:

Physical/psychological harassment

 

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[jasperdp]

Hi

 

I will put all the details of the claim up tomorrow, unfortunatly I am away until tomorrow and cant get hold of them. With regard to the:

b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing

How exactly do I go about using this? I still have heard nothing after the cpr request.

What should my next step be?

Will I be attending the court on Monday?

Thank You

[citizenB]

Hi

 

I will put all the details of the claim up tomorrow, unfortunatly I am away until tomorrow and cant get hold of them. With regard to the:

b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing

How exactly do I go about using this? I still have heard nothing after the cpr request.

What should my next step be?

Will I be attending the court on Monday?

Thank You

 

 

lol, no you wont be in Court on Monday.

 

We need to decide if you are going to be putting in an embarrassed defence or not.

 

As you havent received any documents then I would say that would be the way forward. That will at least prevent a judgment being awarded in default.

 

In order to do this, we really need to know exactly what the claim form says.

 

The other side then get 28 days to decide if they want to proceed or not. If they proceed then the claim will be moved to your local court. You will be advised of this

 

The Unfair pressure clause that was posted for you earlier, will probably be of more use for you when it comes to putting forward a more detailed defence or witness statement. You will be asked to do this when / if the claim gets moved to your local court.

 

If you can please let us have the information regarding the claim as soon as possible we can help further.

 

Ok

[elsinore]

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:)

[jasperdp]

Hi

Ok here are the details

 

Issue Date 6th July 2010

 

Particulars of claim:

 

By a credit agreement between clydsdale bank plc trading as yorkshire bank and the defendant dated 21/05/2008 (the agreement) CYRB agreed to loan the defendant monies under the terms and conditions set out therin. The agreement is regulated by the consumer credit act 1974. In breach of the agreement the defendant did not pay the installments as they fell due. CYRB served a default notice on the defendant stating the some due and requirng the defendant to pay the same. The defendant failed to pay and the agreement was terminated. The agreement was assigned to the claiment on 18/09/2009. The claiment has complied with sections 3 and 4 of practice directive - pre -action conduct.

The claiment therefore claims 1 £8993.43 2 Interest pursuant to section 69 of the county court act 1984 namely £825.93 and continuing until judgment or sooner payment at the rate of 1.97.

[jasperdp]

The claiment is Marlin Europe 1 ltd

 

Thanks

[elsinore]

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