Mortimer/marlin Court Claim - old Lloyds loan 'debt'

[Jav1]

Dear Forum

 

I received a Court Claim from Mortimer Clarke Solicitors on behalf of Marlin group

who bought a debt from Lloyds,

MC allege that I failed to pay loan repayments and claim the outstanding debt.

 

The Claim was sent to a house that I let to tenants and not my home address.

I had no prior notification of the claim.

 

The Debt looks like a case of ID fraud as I have never taken a loan from Lloyds.

 

The Claim wording states:

 

' By an agreement between Lloyds TSB ("LTBS") & the defendant on or around 05/09/2007 ("the Agreement")

LTSB agreed to loan the defendant monies.

 

under the terms and conditions set out therein.

 

in breach of the agreement the defendant did not pay the instalments

as they fell due & the agreement was terminated.

 

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

 

THE CLAIMANT THEREFORE CLAIMS:

1.£13K....

2. interest pursuant to section 69 of the County Courts Act 1984, namely £4k..

... & continuing until judgement of sooner payment at the rate of 2.94.

 

A few months ago MC wrote a letter to me to my actual home address about a debt of 4k

and if not paid within 14 days they would issue proceedings to asking for money

 

to which I responded saying I was not aware of debt and

 

I had no intentions of paying and

 

if they did go to court I would defend using my solicitors

and if they did not confirm their intentions within 14 day

I would take it that they would not peruse further.

 

14 days lapsed and no response was ever received.

 

How should I respond.

 

I know I need to acknowledge the claim?

(my friend told me, if I don't respond they will get a default order,

but I could get this set aside as they knew my correct address

and they may therefore withdraw the claim and send their lead up letters first

before going back to court if they think the have a case,

as the court does not like pre-action protocol not followed).

 

Do I need to write Mortimer Clarke about wrong address used and ID Fraud as before.

 

If MC recall the court claim made will they get their court fee of £500 refunded as made in error?

 

Do I call the court to say the wrong address was used

 

and MC have not sent me prior letters regarding this alleged debt?

 

Also they have stated on their claim form that 'the defendant on or around 05/09/2007'

 

_ Do they actually know the date of the agreement

and do they have a copy or are they just trying it on 'ON or AROUND?

 

I would appreciate a response as time is ticking.

 

Thanks

 

Jav

[dx100uk]

you need to CCA request them

 

and send a CPR 31:14

 

please fill this out too:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp