2 claim forms received today from Northampton County Court

[loobie79]

Hi all

 

Im in a bit of a panic, I have received two claim forms this morning both from Northampton County Court where the claimant is Marlin Europe II Limited, the original debt is from Lloyds Tsb Bank PLC

 

on the first one it says: The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Lloyds Tsb Bank Plc dated on or about 23/04/2004 and assigned to the claimant on 31/10/2012 in the sum of £1563.45

 

and on the second: The claimant claims payment of the overdue balance set our below which the defendant have failed to pay as required under contracts with the following particulars

acc no xxxxxxxx and acc no xxxxxxx between the defendant and lloyds tsb bank plc dated on or about 30/09/2004 and 26/03/2001 respectively. The contracts were assigned to the claimant on 31/10/2012.

 

I changed banks in March 2007 due to increasing bank charges after my husband left me.

now my question is what do I do now? I have literally no money left over at the end of the week to pay anything, but I am panicking as it is now with the courts.

 

Thanks

Lou

[honeybee13]

Hello and welcome to CAG. Sorry to hear about your problems.

 

I expect the forum guys will be along later with advice for you. They'll look after you.

 

My best, HB

[AndyOrch]

Hi Loobie and welcome to CAG

 

Ok first step ...calm down and dont panic.

 

Are the claims different claim numbers and are the amounts different?

 

Regards

 

Andy

[loobie79]

Hi Andy

Yes two different claim numbers and one is for £1563.45 and the other is £7827.50

 

Hi Loobie and welcome to CAG

 

Ok first step ...calm down and dont panic.

 

Are the claims different claim numbers and are the amounts different?

 

Regards

 

Andy

[AndyOrch]

Ok the first is for an overdraft the second is for Personal Loans?

 

If you could provide a little history of your financial relationship with LLoyds /TSB and any disputes.

[Northernpug]

You say that you changed banks in March 2007 but when was the last time you made a payment or acknowledged the debt? If its over 6 years ago, the debts could be statute barred.

[loobie79]

Yes one is an overdraft, the others are a loan and a credit card.

 

I separated from my husband at the beginning of 2007 and could no longer afford to keep up the payments. I changed banks and have made no payment to any of them since March 2007

 

Ok the first is for an overdraft the second is for Personal Loans?

 

If you could provide a little history of your financial relationship with LLoyds /TSB and any disputes.

Edited February 26, 2013 by loobie79
extra information

[loobie79]

I cant remember I think it must of been around then, so it isn't over 6 years til next month. I just have no money left over at the end of the week to be able to offer anything so if I agree to the claim I have no way of paying it.

You say that you changed banks in March 2007 but when was the last time you made a payment or acknowledged the debt? If its over 6 years ago, the debts could be statute barred.

Edited February 26, 2013 by loobie79
spelling

[AndyOrch]

Looks like their software kicked in and just rescued them from Statute Barred.

 

Ok well lets make them work for their summons......you need to request a copy of the Loan agreement by way of a section 77 request and the CC by way of a section 78 request.Both templates are in the Library letter N.Enclose a 2 x £1.00 postal orders and send to the claimant recorded delivery...print your name no signatures.The Claimant must comply within 12+2 days or they are in default.

 

Next you can send 2x CPR 31.14 requests for documentation referred to in their claims.

 

The requests will be slightly different as one is an Overdraft I will provide you copies shortly.Again send to the Claimants Sols recorded delivery.

 

Next unless you already have in your possession are the statements for the Overdraft CPR does not always prove fruitful in disclosure of statements so you could request a DSAR on all three accounts at a cost of £10.They have 40 days to comply with this request so it may be only received post defence date.

 

Lastly have you retained any paperwork from all the accounts...Default Notice/Demand Notice or Notice of Assignments?

 

Regards

 

Andy

[loobie79]

Thank you for that, do I send them to the claimant as it says on the claim form address for sending documents is Restons Solicitors Ltd. Also I only have 14 days from today to send back the claim form so how do I fill it in? Sorry for all the questions but I really am hopeless when it comes to things like this.

 

Looks like their software kicked in and just rescued them from Statute Barred.

 

Ok well lets make them work for their summons......you need to request a copy of the Loan agreement by way of a section 77 request and the CC by way of a section 78 request.Both templates are in the Library letter N.Enclose a 2 x £1.00 postal orders and send to the claimant recorded delivery...print your name no signatures.The Claimant must comply within 12+2 days or they are in default.

 

Next you can send 2x CPR 31.14 requests for documentation referred to in their claims.

 

The requests will be slightly different as one is an Overdraft I will provide you copies shortly.Again send to the Claimants Sols recorded delivery.

 

Next unless you already have in your possession are the statements for the Overdraft CPR does not always prove fruitful in disclosure of statements so you could request a DSAR on all three accounts at a cost of £10.They have 40 days to comply with this request so it may be only received post defence date.

 

Lastly have you retained any paperwork from all the accounts...Default Notice/Demand Notice or Notice of Assignments?

 

Regards

 

Andy

[AndyOrch]

Send the Section 77/78 requests to the Claimant..everything else to their Sols.

 

I am assuming you wish to defend to try to avoid a CCJ? If you wish to admit then yes you complete the form N9A and make a suggested monthly payment.

 

You have 33 days in total (5 deemed served so 28) 14 days to acknowledge Service and if you wish to defend then another 14 days to submit a defence.You can do all this on line at MCOL once you have registered for the service and then using the password on your summons.

 

 

 

Regards

 

Andy

[loobie79]

I don't think I have the energy to try and defend it tbh. I'm not really worried about a CCJ I don't use credit for anything. Im just worried about the payment as I really cant afford to pay

[loobie79]

Hi again, I have checked my credit report online and the debts were sold to Marlin in December 2012, the weird thing is the Lloyds Tsb ones are still showing on there too and whilst 2 are marked as satisfied as obviously they've been sold, one is still showing as the balance outstanding but is still showing as a Marlin debt too.

 

Also when I go the status of account some on them are showing green dots with ? in when I have made no payments.

 

I know for a fact that nothing has been paid since at least March 2007, and so would I be better off asking for what information Marlin Europe has before I send off the form?

 

Thanks in advance

[renegadeimp]

You need to take a CCJ seriously. If you dont pay it, they have multiple options to enforce such as AoE, and in extreme cases, bailiffs ( although it hardly ever gets that far) , plus the CCJ stays on your file for 6 YEARS.

 

Plus if the debt has been sold, then theres something wrong with the debt. The OC would have chased you themselves for the 7k debt.

[loobie79]

What do you mean there is something wrong with the debt?

 

You need to take a CCJ seriously. If you dont pay it, they have multiple options to enforce such as AoE, and in extreme cases, bailiffs ( although it hardly ever gets that far) , plus the CCJ stays on your file for 6 YEARS.

 

Plus if the debt has been sold, then theres something wrong with the debt. The OC would have chased you themselves for the 7k debt.

[renegadeimp]

When a debt is sold, especially one of a high amount, it gets sold for a very low percentage of its original worth. However, for a debt of 7k, or even 2-3k, there is normally somethign wrong with the debt so the OC is reluctant to try and enforce it.

 

It could be anything from PPI/unlawful charges, or basic things like the paperwork for the debt doesnt actually exist anymore.

 

You need to find out why before you decide not to defend, giving the creditor judgement by default and free reign over enforcement options. Even if you think the debts are legit, you should defend it and ask for a hearing, show the court your financial circumstances and let them decide what to do. In some cases, the debt can be reduced or wiped, and you might only have to pay £1 a month towards the debt.

[citizenB]

Hi all

 

Im in a bit of a panic, I have received two claim forms this morning both from Northampton County Court where the claimant is Marlin Europe II Limited, the original debt is from Lloyds Tsb Bank PLC

 

on the first one it says: The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Lloyds Tsb Bank Plc dated on or about 23/04/2004 and assigned to the claimant on 31/10/2012 in the sum of £1563.45

 

and on the second: The claimant claims payment of the overdue balance set our below which the defendant have failed to pay as required under contracts with the following particulars

acc no xxxxxxxx and acc no xxxxxxx between the defendant and lloyds tsb bank plc dated on or about 30/09/2004 and 26/03/2001 respectively. The contracts were assigned to the claimant on 31/10/2012.

 

I changed banks in March 2007 due to increasing bank charges after my husband left me.

now my question is what do I do now? I have literally no money left over at the end of the week to pay anything, but I am panicking as it is now with the courts.

 

Thanks

Lou

 

loobie, the choice is absolutely yours - you can either defend or admit - we will do our best to support you all the way.

 

You have a timeline to adhere to -

 

Issue date (top right hand corner of the claim forms) add 5 days for service + add 14 days which is the time by which you need to acknowledge the claim form - which you can do online.

 

If you are going to defend then you will receive another 14 days in which to submit your defence.

 

If you are going to defend then you need to act swiftly. You will need to send the CCA requests as advised by andyorch in an earlier post - you need to enclose £1.00 postal for each with the request. Do notice that that they are 2 different requests as they are for two different types of accounts.

 

Their PoC (particulars of claim) are very poor as they dont say whether there has been any default notices/assignment notices or letters before action have been sent to you.

 

I see Andy has asked if you have received these and if so, have you kept them. They really are quite important so if you dont have them, never had them, then we need to obtain copies.

[citizenB]

Do you own your own home ?

 

I find it quite obscene if the assignment only took place in December last year, that they have issued claims already.

 

Were you advised of the assignment, did they try to come to a payment arrangement with you. ?

[citizenB]

Is there anyway you can check to see when last payments were actually made to either account.

[renegadeimp]

It seems to be the DCA's new tactic lately CB. Issuing claim forms or even SD's without any prior contact or attempt at payment.

[loobie79]

I will try to answer all your posts together. I have heard nothing from Marlin Europe prior to this morning when I received the court claim form. I really cant remember the last payment. Like I said I was going through a separation at the beginning of 2007 so it might even be before March 2007 when I started defaulting payments - I was going to start up a payplan thing but never got round to it and thats when I opened my new bank account.

 

I don't own my own home, I have literally no assets.

 

I don't have any idea how I could find out the last time I made a payment

 

I have looked in the library and cant find the templates Andy told me to use.

 

If I do defend these debts do I need to attend court?

[andmf]

Hi Loobie,

Dont panic. I believe you are in good hands here, I am in a similar situation to yourself and received my claim form last monday. I intend to defend against these nasty individuals and you will get plenty of help and advice from the guys on this site. Heres the link to my thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?382918-Court-Claim-V-Marlin-II-Limited-c-o-Restons-Solicitors we may want to swap notes in the coming weeks.

Regards

andmf

[citizenB]

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

CCA request letter This one is for the credit card - you need to use the other references that andy gave you for the bank account.

[citizenB]

Yes, if you defend and they proceed there is a good chance that you would need to attend court.

 

The very fact that they have not followed the regulations and preaction protocol might give you a bit of bargaining power.

 

However, wait and see what andyorch has to say.

[AndyOrch]

Hi Loobie

 

Hope you have had time to digest and consider your position to which way you wish to deal with this.

 

I would advise you request the agreements (sec77/78) irrespective of the claim it may be useful for the future.

 

You have had a lot of information thrown at you in last 6/7 hours I understand it can be bewildering.

 

Regards

 

Andy