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Marlin/Restons Claim form LLoyds Current Account 'debt' - ***Claim Discontinued***

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Debt Collection Letters and "demands for payment" are not considered relevant contact" I think. Starting a court claim is.

 

Allegedly serving a Demand/Termination 6 months after last deposit is the cause of action Brig which would prevent it becoming Statute Barred...in their eyes ..if they served one and can prove it ...otherwise its SB pre litigation.

 

Andy


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Just been going through paperwork and have heard nothing on this since I took the paperwork back in March.

 

Is this normal?

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Thanks Andy

 

How long would it be stayed for or is it the proverbial piece of string ?

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How long would it be stayed for or is it the proverbial piece of string ?

 

yes, if not a set stay period, usually until it or you apply to lift stay with reason.


IMO

:-):rant:

 

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via an application to the court, within which could request directions/strike out for eg

there may be a hearing though, where the claimant might object to a strike.


IMO

:-):rant:

 

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Have received a letter today from Restons from a trainee solicitor. I can't scan as desktop isn't working.

 

We refer to the above matter and note that i recently filed a defence. (6 months ago.)

 

They have asked Lloyds for the necessary documentation and are still waiting for a reply.

 

" You admit to having a current account with Lloyds TSB Plc, therefore we kindly ask whether you are prepared to offer a settlement figure or repayment proposals towards the outstanding balance in the meantime. If so, please complete the financial statement clearly stating you offer of repayment or alternatively advise our office of a settlement figure by a date no later than the 15th October 2014

 

We look forward to hearing from you."

 

How should I reply to that?

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Have received a letter today from Restons from a trainee solicitor. I can't scan as desktop isn't working.

 

We refer to the above matter and note that i recently filed a defence. (6 months ago.)

 

They have asked Lloyds for the necessary documentation and are still waiting for a reply.

 

" You admit to having a current account with Lloyds TSB Plc, therefore we kindly ask whether you are prepared to offer a settlement figure or repayment proposals towards the outstanding balance in the meantime. If so, please complete the financial statement clearly stating you offer of repayment or alternatively advise our office of a settlement figure by a date no later than the 15th October 2014

 

We look forward to hearing from you."

 

How should I reply to that?

 

Are you being serious?:lol:


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Have received from Restons

 

That was my defence

 

They haven't sent me the overdraft facility agreement

 

How do I proceed?

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Sorry was rushing around.

 

Received a letter from Restons, my scanner is down so can’t copy so typing main notes.

 

“Marlin v NM re Lloyds Current Account.

 

We refer to the above matter and see that you have filed a defence at court which states that

you dispute the amount owed on the basis that it consists of unlawful interest applied.

 

Enclosed with the letter are

 

Reconstituted copes of the statements of account from Dec 06 and Jan 09.

 

 

Please note the final entries on the account refers to an internal accounting procedure when the balance was transferred to a separate account.

This does not show that the account has been written off/repaid.

 

The NoA from November 2012

 

Now we have provided you with details namely a breakdown of the outstanding balance,

we would be grateful for you to confirm that you are willing to withdraw your defence

by completing the enclosed form N9a and returning it o this office by no later than Nov 18th.

 

 

Failing which we may be instructed to make an application to strike out the defence/for summary judgment

and seek an order that you pay the claimants costs in association with that application.

 

Signed

Trainee Solicitor”

 

Checking through the statements showed that the last time I did anything on this account was Dec 07

which made it statute barred 11 months ago.

 

How do you suggest I proceed?

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I think it might be the wording of point 3 of your defence that has caused this.

unlawful interest & unlawful deductions/charges.

 

 

as we didn't see it before you filed, andy and the knowledgeable crowd could not help .

 

should have read;

the outstanding balance on the account was purely the result of numerous PENALTY charges & the interest they accrued.

 

though I doubt it really matters

 

see what andy says.

 

pers I think its just another attempt to make you give them 'something' before they discontinue.

 

 

dx


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It was all a rush ....... not good place at the time.

 

They didn't send the overdraft details

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Responding to your PM

 

Its a standard ploy by this solicitor to pressure you to cave in....hold your nerve and wait.

 

Regards

 

Andy


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Thank you Andy,

 

I was a little perturbed and getting twitchy.

 

Will sit on my hands and wait.

 

NM x

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I've sat on my hands and waited and received this morning

 

As I didn't reply by 18th november they have given me until the 29th to send in my N9A

 

If I don't they will ask to strike out Defence and obtain a summary judgement and seek an order to pay.

 

Next Move?

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Continue to sit on your hands....no party dictates to the other what to do...if they wish to make application...let them you will of course oppose it.

 

Andy


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Thank you Andy.

 

I will continue the hand sitting.

 

Mind you in this weather hand sitting is very comfortable I don't like cold fingers. :lol:

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The thing is they don't need to make that threat ...they don't need to ask you to submit N9A.....if they feel their claim is strong then they can just lift the stay and proceed to trial and get judgment...the threat of Summary Judgment (which is judgment without trial) is meant to scare you into a knee jerk and compromising your defence.


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...... an internal accounting procedure when the balance was transferred to a separate account. .....

 

 

sounds like to loyds' 'router' account. can that be questioned also? remembering paulwaltons? thread re a router account?


IMO

:-):rant:

 

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This has now disappeared off my credit report.

 

1 default down and 3 to go one goes in July and the other 2 10 months today.

 

How does it get any better than that?

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Good Morning, and isn't it a lovely day.

 

Received this morning from Restons.

 

Dear Madam

 

Re Marlin Europe v NM2010 Lloyds TSB

 

Please find enclosed by way of service upon you Notice of Discontinuance.

 

We are now closing our file and thank you for your cooperation

 

Yours faithfully

 

Trainee Solicitor.

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