LLoyds TSB Overdraft Debt Passed To Marlin ***Claim Discontinued***

[AndyOrch]

I have brought your particulars forward for reference mw...a defence cant be checked without the particulars.

 

Now you will see that your points 1/2/3/ do not connect because I drafted the above for another claim.

 

So points 1/2/3/4 need to be addressed to correspond to the particulars.

 

Regards

 

Andy.

 

PS dont forget the sec69 interest.

[mw45uk]

Hi Andy just taken the day off work as the defence has to be in today and

at the moment my nerves are shredded with worry.

 

I'm not to good with things like this and does not help me to stop worrying,

 

I understand your advice about points 1,2,3,4 but I'm struggling to get the answers needed all other posts are different

and I can't seem to find a post similar defending with an overdraft CCJ.

 

With answering the particulars of claim I'm not sure how to answer all 1,2,3,4

 

I think that 4, is they have added interest on the full claim amount (sec 69)?

 

I think 3 is proof of debt assigned but

 

not sure how to defend 1,2 ?

 

Sorry if I sound dumb Andy and I don't want to waste your time.

 

Thanks mw

[AndyOrch]

Particulars of Claim

 

1.Monies due under current overdraft. The claimants claim is for the balance outstanding under a bank account facility Llloyds TSB agreed to maintain for the defendant.

 

2.It was a term of the bank account that any debt would be payable in full on demand. Despite a demand being made, the defendant has failed to repay the amount due.

 

3.The debt was assigned to the claimant on 28/11/2013.

 

4.The claimant therefore claims: 1. £7000 ,interest pursuant to section 69 of the county courts act 1984, namely 2. £2546.48 & and continuing until judgment or sooner payment at the rate of 1.54.

 

 

Draft Defence

 

1. It is accepted with regards to the Defendant having use of a facility in the past to overdraw with the original creditor Lloyds TSB Bank on a current account.

 

2. The defendant denies ever receiving Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice.It is denied I have ever been requested to repay any alleged outstanding balances.I will contend that any alleged balances would be as a result of unfair and extortionate bank charges/penalties being applied to the account.

 

3. It is denied that I have ever received any Notice of Assignment from either the original creditor or the Claimant

 

4 Therefore the defendant refutes that the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments and section 69 interest which as yet to be judged and deemed outstanding.

 

Any alleged outstanding balances would already comprise of extortionate interest having already been accrued which was applied to a balance created by the above unfair charges.

 

The claimant has also failed to serve any Notice of Sums in Arrears since any alleged assignment and pursuant to the CCA2006 amendments (sec 86C ) and therefore precluded from adding any interest or seeking enforcement or relief until such time it is served.

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

Therefore the claimant is put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request, which was received by the Claimant. The Claimant has failed to comply with this request.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Try that one mw

 

Regards

 

Andy

[mw45uk]

that's absolutely fantastic thanks so much Andy your help is appreciated

 

soon as I sort this months finances ill be making another donation.

 

I will get this sent off to Mcol now.

 

once its submitted do I sit and wait for a response from Mortimer

 

or from Marlin

 

or the Court?

 

thanks mw

[AndyOrch]

You will get an acknowledgement that its been processed and passed to the claimant.....they have 28 days to respond.

 

Regards

 

Andy

[mw45uk]

Hi there all here is an update on the state of play here, had a letter from the courts saying that my defence was received and a copy passed on to the claimant this letter is dated 30th May 2014. A few days later I had a letter from Mortimer Clarke saying they are taking instruction from their client and will come back to me as soon as they can and they sent a copy of notice of assigment from LLoyds.

It's been a while now with no communication from the courts or Mortimer so what happens now with this case if you could advise It would be appreciated.

A donation was sent on 20th June thanks all for your help and guidance:-D

 

Thanks mw

[AndyOrch]

Nothing happens...... litigation is stayed until they or you wish to proceed.

 

Regards

 

Andy

[mw45uk]

Thanks Andy just woundered why the court had not sent a response as they did on another case of mine they sent a letter to say that it was stayed?

 

Thanks mw

[AndyOrch]

Courts have never sent out letters to confirm the status after 28 days only when you submit a defence stating the same " ....should the claimant fail to respond within 28 days the claim will be stayed"

[mw45uk]

Ok Andy thanks i will post if anything changes.

 

Thank mw

[mw45uk]

Just to say a big hi there to everyone

 

I have not had the need to post for a while after your fantastic help with my problem last year.

 

But it looks to have reared its ugly head again I'm afraid?

 

I have been managing my debts with payments and I'm ticking along at the moment but

 

last week I had a letter through the door from Mortimer Clark saying that they have been instructed by their client (Marlin Europe II Limited) to write to me with a settlement proposal and

 

they are offering a 25% discount even though since this was stayed at the courts last May they have added another £700+ on through interest??.

 

The letter goes on to say that in my defence I accepted that I had used the overdraft in question and my alleged unfair bank charges do not specify how much of the balance I was disputing?

 

They enclose a copy of statements with ballance due.

They would refer me to the case of office of fair trading v abbey national Plc and others[2009] in which it was held that bank charges could not be assessed for fairness by the court.

 

Also I said I did not recieve a notice of assignment and that they have enclosed a copy of the notice and letter from LLoyds Bank dated -------

 

Their client would like to reach an agreement for payment of this debt.

 

I should take advantage of this discount settlement to avoid further court proceedings and if I agree they will send a Tomlinson order with terms and our client will not be entitled to apply for a CCJ against me?

 

Any help with this would be very much appricated.

 

Many thanks

 

mw

[dx100uk]

Two word reply...bugger off!!

 

Pay the fee and take me to court

Else go away

 

Dx

[mw45uk]

Thanx very much for the reply Dx. is there anything I need to send to them and also lon the statements the ast activity on the account was over 6 years ago 08/08/2009?

Do you think that they will come back and throw anything else at me?

 

Thanks

 

mw

[dx100uk]

SB clock paused the day the claimform was issued.

 

 

unless/until you hear anything from THE COURT

pers I'd do nowt

 

 

dx

[mw45uk]

Ok thanks again dx I'll post if anything else comes in.

 

mw

[AndyOrch]

" They would refer me to the case of office of fair trading v Abbey national Plc and others[2009] in which it was held that bank charges could not be assessed for fairness by the court."

 

 

The Supreme Court reversed the decisions of the High Court and the Court of Appeal by ruling that the OFT is not entitled to assess the fairness of bank charges under the Unfair Terms in Consumer Contracts Regulations 1999.

 

Nothing to do with charges and fairness...just that the OFT had to back off...yet they have all reduced their charges since...speaks volumes:madgrin:

[mw45uk]

Hi everyone and thanks to everyone here for the fantastic help and advice.

 

just a quick update on this problem.

 

 

A few days ago and just before christmas as normal

I had a letter from Mortimer Clarke (its a duplicate of the last letter sent)

to say that they have not heard from me since the last letter

 

 

I have been offered a 25% discount on the balance and if I don't take up this offer then their client (Marlin Europe II Limited)

will be instructing them to commence court proceedings against me ??

 

Any help will be appreciated.

 

thanks

 

mw

[dx100uk]

std threat-o-gram

read it properly.

 

 

discount speaks volumes, triple that and then p'haps they might be near to what you might actually owe

but no yet if at all.

 

 

it says 'instructed' does mean they will.

if but might could minded.

 

 

hold your nerve

 

 

dx

[mw45uk]

Thanks for your reassuring reply dx I'll sit tight and see what they throw at me next ?

 

mw

[mw45uk]

Hi everyone

 

 

I am still keeping my head above the water at the moment

thanks to all your help and advice here

,many thanks.

 

 

Just a quick update

 

 

another letter yesterday from Mortimer Clarke stating the same as #92

but this time I get a 75% discount for 7 days only

and I'm scared that if court proceedings commence

I won't get this reduction

 

 

so should I reply (letter only) and see if I can get a further reduction

and offer a payment amount per month

or are they trying to put the glitters on me?

 

 

Any advice would be fantastic.

 

 

This debt is now well over 6 years old !

 

Many thanks

 

mw

[dx100uk]

huh???

 

 

you have a 100% discount with the stayed claim....

 

 

and that was 2yrs ago!!

 

 

dx

[mw45uk]

Sorry think I'm just panicking dx

 

 

just not sure what letter will come next and if they do go to court

I'm not the most confident of people to deal with this

after many years of constant fear of dealing with calls and letters after letters

which has taken its toll on me.

 

 

I also wasn't sure if I did reply that it could give them ammunition to use against me?

 

mw

[AndyOrch]

Write back and tell them you may be interested in a 99.% discount ?

[mw45uk]

Don't think I'll waste the price of a second class stamp on that as I know the answer to that

 

mw

[AndyOrch]

I was being flippant....but you were considering 75%..whats another 24 % ?