Marlin/Mortimer claimform old Northern Rock 'debt'

[thered]

Been issued with a county court claim from Marlin,

 

it is pre 2007 and tbh

 

i had a few loans in quick succession from Northern Rock and

 

i dont even know if its legitimate claim or they have mixed them up,

 

i do not deny having loans with them but i am unsure with this claim the more i look at it

 

1,For a start they have sent letters and copy of the CCA the numbers are not the same

2,The statements they have sent do not add up to what they claim

3,On every apr calculator i try the amount stated on the CCA is incorrect

4,There is no terms

5, No cancellation notice

6, No credit limit

 

I think its a balls up big time but i am after any legal advice please

 

I have enclosed the County court letter,

the credit agreement and the terms

 

they sent separately

 

i 100% did not get these or the cancellation letter mentioned.

 

The statements show debt written off in 2009 and the account number in all correspondance has 2 digits more than on the actual CCA

 

All legal help appreciated,

 

i am going to send a cpr31.14 and acknwledge service n Monday (hopefully) ty

 

[/url]

 

 

 

 

 

Edited June 29, 2014 by thered
Pic too small

[dx100uk]

please fill this in and post the results here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

dx

[dx100uk]

as already suggested

 

you've left per info on the claim form

 

password

 

please use PDF

 

large JPG's in a thread slow the loading time and makes the thread huge to load

 

dx

[dx100uk]

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

or use Primo PDF.

.

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

you can click on your links to check them too!

.

dx

[thered]

I think i have this sorted now lol

 

finally here is the documents

[dx100uk]

that's great well done.

 

dx

[dx100uk]

right back to post 1 & your questions

 

its a loan - there is no need for a credit limit

they don't have to cancel before selling the debt

the write off is std practice before they sell the debt on

 

I also notice theres ref toward a FOTL letter your must have sent too

 

drop FOTL arguments for sure from now on in.

 

have you ever sent NR an SAR?

 

what did you request in the CPR 31:14

 

dx

[thered]

right back to post 1 & your questions

 

its a loan - there is no need for a credit limit

they don't have to cancel before selling the debt

the write off is std practice before they sell the debt on

 

I also notice theres ref toward a FOTL letter your must have sent too

 

drop FOTL arguments for sure from now on in.

 

have you ever sent NR an SAR?

 

what did you request in the CPR 31:14

 

dx

 

Thanks whats FOTL abbreviated from?

 

CPR31.14 has not gone in yet as i was after more information it will basically be these i think

 

1. any original credit agreement;

2. any Default Notice;

3. any Termination Notice;

4. any Notice of Assignment;

5. any Statements of account;

6. deed of assignment or deed of novation

 

Cancellation letter was apparantly to be sent seperately when the agreement was signed it wasnt though

 

I can send northern rock a sar if needed or a cca request, which is preferable?

 

The Agreement is 2 numbers less than the account they are chasing

The Amount on agreement it doesnt add up to total properly at 8.9%

Statements they have are not accurate to amount they want

 

As its pre 2007 this is unenforceable is it not due to improperly executed documents? or is that wrong

 

PS the interest they want is that not correct i thought that was not allowed under the CCA

 

Also i forgot to add not sure if relevant i had 3 or 4 loans with NR in the space of 2-3 years all were missold ppi and paid up, does that have any bearing ?

Edited June 30, 2014 by thered

[dx100uk]

freeman of the land stuff

just the ref to bill of exchange etc.

 

CPR:

 

you can only request docs ref'd in their PoC.

 

namely:

the agreement

T&C's + Agreement

Notice of Assignment

 

don't get the bit about cancellation letter

there is no such thing

do you mean termination letter.

 

SAR to NR

 

as you've already sent Marlins an CCA theres no need for another one.

 

...........

 

you can check the APR etc by using this.

 

they can request stat int s69 at the court rate of 8%

 

dx

[thered]

freeman of the land stuff

just the ref to bill of exchange etc.

 

CPR:

 

you can only request docs ref'd in their PoC.

 

namely:

the agreement

T&C's + Agreement

Notice of Assignment

 

don't get the bit about cancellation letter

there is no such thing

do you mean termination letter.

 

SAR to NR

 

as you've already sent Marlins an CCA theres no need for another one.

 

...........

 

you can check the APR etc by using this.

 

they can request stat int s69 at the court rate of 8%

 

dx

 

i read somewhere that the agreement should be correct and with all prescribed terms and as its pre 2007 its improperly executed on the grounds that

 

Account numbers wrong, the terms were not given, the amount on the agreement is wrong and the agreement refers to a cancellation notice that was not sent out or provided at any time

 

BTW there was no link for apr tool came up and i am not sure if you seen because i edited it but all my loans with NR were missold PPI and paid but not sure if its relevant, is it??

[dx100uk]

pers I would not be looking to wriggle on a 'paperwork' error

 

ie the cancellation notice

 

the account number being wrong

if the numbers are predominantly correct

ie if there been a couple of extra digits added, that's not a reason.

 

the fact that PPI is involved is again not a major reason to defend the claim.

 

i'll try the link again for the loan sheet.

[thered]

thanks r the reply its still not working though

 

The thing with the account number is i understand human error but whats to say its correct?

 

Possibly could have been 1 of my otherprevoius loan numbers or even someone elses loan.

[thered]

terms and conditions letter is also dated wrong as an eagle eyed person spotted today

 

With regards a SAR cant they take 40 days i dont have that time do i?

 

ty

[dx100uk]

poss not

it could come in time

 

but they again they could ask to extend.

 

you certainly need to send one even if it doesn't come in time

 

always worth gaining as much info as poss from everywhere poss.

 

the t&c error is very useful.

 

dx

[thered]

poss not

it could come in time

 

but they again they could ask to extend.

 

you certainly need to send one even if it doesn't come in time

 

always worth gaining as much info as poss from everywhere poss.

 

the t&c error is very useful.

 

dx

 

I will bang it off tomorrow special delivery, anyone know the address it needs to go too??

 

ty

[dx100uk]

compliance manager SAR debt

Northern Rock House

Newcastle NE3 4PL

 

might be worth your while typing northern rock into the search of our grey top toolbar

and reading a few threads too

 

dx

[thered]

compliance manager SAR debt

Northern Rock House

Newcastle NE3 4PL

 

might be worth your while typing northern rock into the search of our grey top toolbar

and reading a few threads too

 

dx

 

Thanks will do, is that still a valid address? i thought it had closed

Edited July 2, 2014 by thered

[thered]

Cpr request and Sar both sent out.

 

Suppose just a waiting game before defence then?

 

What happens if the cpr arrives back late can i postpone??

 

Also wondering what happens if i am ill can i postpone? ( is suffer with MS and my health can vary a great deal from day to day)

 

i only ask as yesterday was not a good day and if it was to happen when my defence was due

or i was to appear in court i probably would not manage it

[thered]

Forgot to add these if they are of any relevance, i am not sure, the Marlin Statement is about 3 months before the actual transfer date? and also states it is Marlin Financial services, Its Marlin Europe V issued court proceedings?

 

Marlin Financial services are not listed on their alleged deed either and neither is any links to the account they are chasing

[thered]

Had reply from section 78, it did not show anything up what i already had. Apart from the fact they have gone back to being Marlin Financial Services which i find odd because they issued proceedings with Marlin Europe V and they are both different companies

 

On the apparent deed of assignment they sent out Marlin Financial services are not listed at all.

 

Again not sure if any of this is relevant but it confuses me :roll:

[AndyOrch]

Notice/Deed of assignment must contain the correct name/address/ (yours and theirs) account details and value...otherwise its validity can be be brought to question in a defence.

[thered]

Just wondering after sending CPR31.14 as to what happens i they dont reply?

 

Was/am i supposed to notify court to say this has been requested?

 

 

ty

[AndyOrch]

No

[thered]

Notice/Deed of assignment must contain the correct name/address/ (yours and theirs) account details and value...otherwise its validity can be be brought to question in a defence.

 

thanks for the replies, the apparant deed contains nothing about me at all.

 

I got a NOA at some point but both the account number and the amount are different to the statements they sent out

 

Also Marlin Financial Services are chasing but not listed on the deed (Marlin Eurpe V are going to court)

 

No

 

They have a couple of days left to respond what happens then? do i i apply to court or them to ask for an extension in writing?

Edited July 9, 2014 by thered

[AndyOrch]

No they are not obliged to disclose until after you have submitted a defence...therefore you cant ask for an extension (from the court) you can ask the claimant and then inform the court (CPR 15.5)