Marlins - Claim Form LLoyds Overdraft

[theazzmany2k]

i had an overdraft with lloyds bank back in 2008 it was for £10,000

 

however myself and my family fell into financial trouble and i defaulted,

 

i ended up swapping banks and moving where my salary was paid as i was left with nothing after the bank had taken their cut.

 

ive never bothered with this account since however this morning

 

i recieved a letter off of marlin who are now the creditor demanding over £29,000

 

what should i do i certainly dont have this money.

[silverfox1961]

Hi and welcome to CAG

 

I have moved you to a different forum where more help is available than on the forum you were on.

 

Do you know when the default was placed on your credit file?

Do you have any letters from Lloyds calling in the debt?

Did you inform the bank at the time of your difficulties?

If yes, did they help?

[theazzmany2k]

hi and thank you

 

i have no letters as i have moved house 4 years ago

 

according to my credit report it is reported as 15th feb 2010

 

this is on the marlins section as the lloyds bit has now vanished off of my report,

 

i did inform the bank that i was struggling but they did very little in way of helping this my reason for moving banks.

 

i guess burying my head in the sand wasnot a good idea.

[BRIGADIER2JCS]

i had an overdraft with lloyds bank back in 2008 it was for £10,000 however myself and my family fell into financial trouble and i defaulted, i ended up swapping banks and moving where my salary was paid as i was left with nothing after the bank had taken their cut. ive never bothered with this account since however this morning i recieved a letter off of marlin who are now the creditor demanding over £29,000 what should i do i certainly dont have this money.

 

 

It certainly looks as if the bank has been adding interest and charges since you changed banks.

 

 

I would make a Subject Access Request under the Data Protection Act 1998, to get all the data Lloyds have on you and the account, there is a £10 statutory fee for this use a cheque or Postal Order clearly marked " For Statutory Fee Only". There is a template for this in the CAG Library.

Lloyds have 40 days to comply

 

 

When exactly did you stop using the Lloyds account?

Have you at anytime since using the account made any payment into the account or acknowledged the debt in writing since you stopped using the account?

 

 

If you have not checked your credit reference files it would be a good idea to do so now.

 

 

Experian & Equifax have 30 day free trials, Noddle (Call Credit) is free but not always up to date.

[silverfox1961]

Burying your head is never a good idea when you are being chased. As this was an overdraft, the charges are more difficult to get removed but possible. I am assuming that it is the charges that have bumped this up.

 

I suggest reading the Banking Code to see if they have not treated you fairly. BCOBS has now come into force but as your issues were prior to BCOBS, I feel the BC is the better read.

 

http://www.bankingcode.org.uk/pdfdocs/BANKING%20CODE.pdf

[theazzmany2k]

i appreciate the info guys thank you and i stopped using the account in 2009 ive paid nothing into this account and acknowledged nothing

[theazzmany2k]

I was running out of time to enter a defence to the court

 

told them I was awaiting information,

 

however they have wrote back telling me this is not a defence

and I need to reply ASAP.

 

How can I defend when I have no hard proof that the sum requested is inflated with charges and interest

despite the fact it has gone from 10000 to 40000 in 5 years?

[theazzmany2k]

Would it be worth arguing the case that there is no deed of novation?

[BRIGADIER2JCS]

Would it be worth arguing the case that there is no deed of novation?

 

 

Unless I'm missing something here there has been no mention of "court action" until post #7??

 

 

When did you receive the claim pack? Please post a suitably redacted copy of the "particulars of the Claim" (POC), or type it up verbatim.

 

 

Have you acknowledged service of the claim stating that you are defending the claim?

 

 

The deed of assignment is a confidential document i.e. the contract between the debt seller and the debt purchaser and you are not entitled to sight of this, its production may be ordered by a court.

 

 

You have received notification from Marlin that they now own the debt (Notice of Assignment {NOA}) which is all that is needed.

 

 

Is the amount claimed the only dispute you have about this debt?

[theazzmany2k]

i dont think that image will work to well the poc are as follows

 

monies due under current account overdraft.

 

the claimants claim is for the balance outstanding under a bank account facility lloydstsb (ltsb) agreed to maintain for the defendant.

 

it was a term of the bank account that any debit balance would be repayable by the defendant in full on demand.

 

despite a demand being made,

 

the defendant has failed to repay the amount due.

 

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

 

the claimant therefore claims 1.29396.01, 2.interest persuant to section 69 of the county courts act 1984,

namely 9883.56 & continuing until judgement or sooner payment at the rate of 6.44

[BRIGADIER2JCS]

When did you receive this?

[ims21]

In view of the issue of court papers I have moved you to the Legal forum.

 

I have also unapproved your image as there are reference numbers showing.

 

Can you please have a read here and answer the questions posed and give the answers to any that have not already been answered here on your thread.

 

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

[ims21]

Oh forgot to ask, what was the date of the formal demand for repayment?

 

The legal guys will be along to help as soon as they are available.

[theazzmany2k]

thank you for your time

 

firstly and please bare with me.

 

I received is on the 02/05/2014

 

the claimant is marlin Europe II limited, and

 

as for a formal demand

 

the first I knew of this was the court papers arriving.

 

I moved house 4 years ago and never heard from lloyds.

 

I have requested a CPR 31.14 request as I read on here to do that but so far I have not received anything back.

 

I did respond and request the extra 14 days but

 

as time ticked away I did contact the court and explained that I was awaiting for the response

in which to build a defence my hope in highlighting how 10000 to 40000 was due to unfair charges

 

after I had spoke to the bank several times trying to explain my dilemma.

 

However once I could no longer log I to my lloyds tsb account as it was deemed closed I've had no dealings with them.

 

I remember the amount being on my credit file then suddenly it switched to marlin Europe and the papers landed.

[ims21]

I can't quite make it out on your image but what is the date of issue on the claim form?

[theazzmany2k]

Not sure if this makes any difference but I just looked at my credit report and this debt shows

Opened 4/7/97 balance 30000 - I was 16 and that was not the balance

First payment not reported

Terms monthly repayments

Defaulted 15th February 10 - 2 years after I ceased using the account

The balance has changed from 29000 in jan 2014 to 40000 in May 2014

[theazzmany2k]

The date issue is 30/04/2013 sorry

[ims21]

OK so you have acknowledged service and said you intend to defend all?

 

Have you actually filed a defence yet?

 

Also, ring the bank first thing on Monday and see if you can find out the date that the formal demand was made and see if they can send you a copy.

[theazzmany2k]

I have not filed a defence yet but I feel the amount is way beyond my means and the last thing I want is an attachment of earnings for the rest of my working life. I will phone the bank first thing Monday.

[ims21]

Ok

 

given that you have 33 days from the date on the claim form to file a defence you are right up against that deadline and you would need to get a defence in imminently, like Monday.

 

I will see if I can find someone to help you out with this.

[theazzmany2k]

Much appreciated thank you so much. I have informed the court that I am awaiting information from the claimant but have not received this yet

[dx100uk]

shame you didn't send that SAR when advised to in March.

 

dx

[theazzmany2k]

Sar? This is new to me?

[ims21]

Sar? This is new to me?

 

Post #4?

[theazzmany2k]

Can't believe I missed this sorry