Wifes Lloyds TSB cc now marlins claimform

[dx100uk]

further action = another annoying threat=o=gram..

 

you know those pictures [.jpg] you've got

 

find them on you PC

 

then goto www.pdfmerge.com

 

and convert them.

 

dx

[banksdomyheadin]

Please see attached, hopefully..

[citizenB]

Did you ever receive a default notice from the bank ?

[banksdomyheadin]

Yes a default notice was received from the bank.

[BRIGADIER2JCS]

Yes a default notice was received from the bank.

 

Was it compliant, giving you an EXACT date to remedy the default and not just stating that you had 14 days to do this.

[banksdomyheadin]

We haven't got it but don't remember any dates just a 14 day period.

[BRIGADIER2JCS]

We haven't got it but don't remember any dates just a 14 day period.

 

In that case the DV is invalid.

[banksdomyheadin]

Ok, is DV default? What do I send them next then?

 

Also received this from wetcloths today... offering 50% reduction of debt?

[dx100uk]

ho ho discount offer

 

ignore the threat-o-grams totally

 

dx

[banksdomyheadin]

Back with a vengeance!

 

We totally ignored Marlin who took over this TSB credit card debt but

 

finally have a letter off Mortimer Clarke Solicitors saying they are starting court proceedings

as we have failed to agree a reasonable payment arrangement with Marlin.

 

Any help please??

[dx100uk]

please scan up the letter

 

dx

[banksdomyheadin]

Try this

[Bazooka Boo]

Thats better..

 

IMO, that is simply another threat letter, besides your not going to tell them why you would dispute or defend this, that's what a court is for.

[SWLABR9]

Isn't it supposed to definitively state it's a 'letter before action' in so many words if that's what it actually is?

 

Anyone?

 

if they've been instructed by their clients to initiate court proceedings,

 

why aren't they getting on with it instead of telling you all about it?

 

This doesn't seem legit to me

 

n't do anything rash till you hear from someone more knowledgable here.

[dx100uk]

its a discount letter

 

read it properly at the end paragraph

 

by 'proceedings' they don't say 'what'

 

it could mean they will proceed with anything

 

just because they waffle about court on the letter doesn't mean they will go that way

 

is a clever ruse on words.

 

dx

[dx100uk]

did you ever get her credit file?

 

dx

[banksdomyheadin]

Urgent!!!

 

Received Claim Form off Marlin / Mortimer Clarke Solicitors for Court date in County Court Business Centre, Northampton today,

 

issue date 30th June 2014.

 

Suddenly the £10420 debt is £20,374.20.£9,304 in interest!!!

 

Help please?.

[dx100uk]

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

 

please fill the above out

and paste here

 

moved to legals

 

dx

[banksdomyheadin]

1. 
    
   In order for us to help you we require the following information:-
    
   Name of the Claimant ? Marlin Europe II Limited
    
   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.
    
   Date of issue 30 June + 19 days
    
   What is the claim for – the reason they have issued the claim?
    
    
   By an agreement between Lloyds Tsb (“LTSB”) & the Defendant on or around 02/05/2003
    
    
   (“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 and the agreement was terminated. The Agreement was assigned to the Claimant on 28/11/2013.
    
    
   The Claimant therefore claims:
   


1. 10420.00
   
2. 2Interest pursuant to section 69 of the County Courts Act 1984, namely 9304.20 & continuing until judgement or sooner payment at the rate of 2.28.
   What is the value of the claim? Amount claimed £19724.20 Court fee £550, Solicitor’s costs £100 Total amount £20374.20
    
   Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? As above
    
   Is the claim for a current or credit/loan account or mobile phone account? Credit card
    
   When did you enter into the original agreement before or after 2007? Original card was just sent in the post as a TSB trustcard back in 1991 with a low limit then kept increasing but in 2003 ssigned a balance transfer, the credit limit was more than I was earning.
    
   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. TSB have given the debt to loads of DCA’s but Marlin have stayed chasing it.
    
   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes
    
   Did you receive a Default Notice from the original creditor? Yes
    
   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No
    
   Why did you cease payments:- It was with a debt management company for a short time and I just paid them, but then I went back to paying my debts personally and missed this one.
    
   Was there a dispute with the original creditor that remains unresolved? Only that they only provided a reconstituted agreement not the original and interest and charges were never refunded on the account.
    
   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?Yes see above, we had our debts with a company called Hawkeye or something similar?
   

[citizenB]

Righto, you have a timeline to adhere to and things that you need to do.

 

Your timeline is as follows..

 

Date of issue 30.06.2014 + 5 days for service = 04.07.2014 + 14 days to acknowledge the claim = 18.07.2014 + 14 days to submit a defence (if you are going to defend) = 01.08.2014

 

You need to send the letter in the following link for the documents mentioned in the claim.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

 

Which are:

 

1: Agreement and terms and conditions

2: Notice of Assignment

3: Termination Notice

4: Statement of account showing how the £sum claimed has been assessed.

 

You need to send the above letter to the Solicitors named on the claim form.

 

Has the claimant complied with your CCA (s78) request or are they still in breach of that ?

 

On what basis would you likely be attempting to defend ?

[banksdomyheadin]

Bad news! Sorry, Wife has now said she doesn't want to go to court as her Dad is ill and she has enough stress going on in work...what should we do next, I suggested I go and defend it but she is saying no. Do we now write to the court or to the solicitor or both? and take a hammering....

[AndyOrch]

If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form.

[Ganymede]

Bad news! Sorry, Wife has now said she doesn't want to go to court as her Dad is ill and she has enough stress going on in work...what should we do next, I suggested I go and defend it but she is saying no. Do we now write to the court or to the solicitor or both? and take a hammering....

 

Can you not offer installments or a full and final settlement figure?

 

As for you going to Court to defend the claim on your wife's behalf without her this is not permitted. Your wife would have to be with you and even then the Judge may want her to speak for herself.

[banksdomyheadin]

Just an update really, I sent a letter and the form back saying we were not going to defend due to my Wife's Dad ill health but stipulated that TSB had never complied with anything but only produced a balance transfer signed form in 2002 but the original contract was from around 1997. They replied and said they were going back to TSB for their evidence and would contact us in time, 2 months ago now.

[Bazooka Boo]

Hmm, no news good news??

 

Maybe you have unnerved them a little by informing them that TSB have failed to follow the correct procedures.

 

CPR rules?