2 claim forms received today from Northampton County Court

[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.

[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.

[citizenB]

Sorry Andy, it is the overdraft and credit card which is on one claim and the loan is separate, Ive just double checked on experian. So do I need now to send three? and for the case number do I put claim no from the court claim form or the account numbers?

 

 

On the CPR letters you use the Claim number which you can find on the claim - top right hand side of the form.

 

For the CCA requests you will use the account numbers .

 

[citizenB]

Lloyds TSB

 

Data Subject Access Request Team

C57 Charlton Place

 

Andover

 

Hants

 

SP10 1RE

 

 

 

Or you can send it to their Head/registered office

 

 

[citizenB]

They can insist on a SAR letter being signed.

 

You can sign this digitally or over a tamper proof strip.. or you can also sign over a grid of xx's as below.

 

XXXXXXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

 

What I dont understand is that if you ahve sent a SAR to Marlins, why Restons have responded ? This has nothing to do with any court case ?

[citizenB]

Ah right, my apologies, I thought it was a SAR - do as andyorch has advised and get it returned to them as quickly as possible. Sadly this firm do delay in responding to CPR so any excuse.. sigh.. !!

[citizenB]

Ignore that, loobie.. once you have submitted your defence and IF the claimant decides to proceed then it will autmatically be moved to your local court.

 

You would only contest jurisdiction in a claim

 

(1) A defendant who wishes to –

 

(a) dispute the court’s jurisdiction to try the claim; or

(b) argue that the court should not exercise its jurisdiction may apply to the court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have.

[citizenB]

loobie, can you let us know the date of issue of BOTH the claim forms please - you will find this in the top right hand corner of the claim form

[citizenB]

issue date for both of them is 21 feb 2013

 

 

Ok your timeline -

 

Issue date : - 21.02.2013 + 5 for service = 26.02.2013 + 14 days to acknowledge = 12.03.2013 + 14 days to submit defence = 26.03.2013.

 

Did you acknowledge service on time ?

 

I will alert andyorch to advise on your defence.

[citizenB]

Excellent - I have left a message for andyorch to look in on you.

 

He doesnt appear to be online at the moment, but I am sure he will look in as soon as he can

[citizenB]

Right, well they cant now obtain a Judgment in default..

 

Have a good look through the SAR when you collect it. You do need to make sure they have fully complied with the request. LTSB are pretty good at leaving stuff out.

 

You should look for the Communication Log/Diary of Events - check to see if letters they say they have sent, have been received by you. Any calls made should be recorded on there as well. They will almost certainly be recorded in code and you should have a page that tells you what those codes are so you can reconcile letters with the entries.

[citizenB]

If this has come from the court, then you might want to ask if they have provided you with everything they have.