Marlin/Mortimer claimform old Northern Rock 'debt'

[AndyOrch]

It may be the only defence you get to submit so lets make it worthwhile ...what date is your submission?

[thered]

It may be the only defence you get to submit so lets make it worthwhile ...what date is your submission?

 

Friday but going away so will have to do it early

 

Would judge not accept it? If so how they provided nothing with POC

 

TY

[AndyOrch]

They are not required to provide anything with the claim PD 7(1.4)(3A) States that "the requirements in the paragraph 7.3 of the practice direction 16 (statements of case) for documents to be attached to the particulars of contract claims does not apply to claims to be issued by the Centre...

 

 

Lets finalise it tomorrow ...see what you have in your " box of crap old paperwork stashed " then we can review it from there.

[thered]

They are not required to provide anything with the claim PD 7(1.4)(3A) States that "the requirements in the paragraph 7.3 of the practice direction 16 (statements of case) for documents to be attached to the particulars of contract claims does not apply to claims to be issued by the Centre...

 

 

Lets finalise it tomorrow ...see what you have in your " box of crap old paperwork stashed " then we can review it from there.

 

Sorry Andy nothing in the box of crap old paperwork stashed linked to any of this, i thought i may have at least found my PPI payouts from Northern Rock

 

Everything is on here in relation to it. Cheers m8y

[thered]

Just out of interest if my Sar request throws up new evidence can i add it later?

[AndyOrch]

Okay just thoroughly read your thread from the beginning ...this is how I see it.

 

You made application on the 17/9/05 for a fixed loan..total payable £14,457.42

 

54 payments of £267.73 1st payment made 1/11/2005 which continued until 1/7/2009

 

You completed 44 payments (10 remaining unpaid)

 

The debt was then wrote as a bad debt and you made payments of £1.00 per month up until 2/10/13.(roughly £52.00)

 

The debt was then assigned to Marlin on the 28/10/2013. (£2408.57 less £1 payments £50.00)

 

Claim issued June 2014 for the value of £2359.57 plus 8% interest £857.09 total claim =£3216.66 plus Court fee/sol fee £3481.66.

[thered]

Okay just thoroughly read your thread from the beginning ...this is how I see it.

 

You made application on the 17/9/05 for a fixed loan..total payable £14,457.42

 

54 payments of £267.73 1st payment made 1/11/2005 which continued until 1/7/2009

 

You completed 44 payments (10 remaining unpaid)

 

The debt was then wrote as a bad debt and you made payments of £1.00 per month up until 2/10/13.(roughly £52.00)

 

The debt was then assigned to Marlin on the 28/10/2013. (£2408.57 less £1 payments £50.00)

 

Claim issued June 2014 for the value of £2359.57 plus 8% interest £857.09 total claim =£3216.66 plus Court fee/sol fee £3481.66.

 

Thats about right m8 yes, hows the defence looking good or bad have you spotted anything?

[AndyOrch]

Its looking really bad to be honest thered ...I personally cant see one.

[thered]

Its looking really bad to be honest thered ...I personally cant see one.

 

Not even the fact the agreement is diferent number to what they are chasing

Terms are wrong date

Statement starts before loan date

Statement doesnt add up correctly to amount claimed

Interest is slightly out on loan calculator

PPI been paid out where is it on agreement?

Claim Nram agreement NR

[AndyOrch]

I can see plenty of loopholes and clutching at straws but at the end of the day they have an agreement signed by you ..statements with your payments made and when you stopped.£1 payments made then stopped and the a write off balance of £2408.57.

 

The claim is not based on the terms and conditions

The statement starts 1/11/05 agreement dated 17/9/05 (2 month holiday)

Write off on the statement £2408.57 less £50 amount claimed £2359.57.

Interest on credit 8.9 % £11,955.35 borrowed plus interest £2502.03 Total credit 14,457.42

 

Makes no odd re the PPI

 

Northern Rock Asset Management in the Particulars as we have spoken can only assume your account was transferred to them on their demise.In any event they are not making the claim Marlin are and are now the legal owners.

 

Sorry its bad news but to defend this can only increase the debt with further costs and I would be giving incorrect advice to advise otherwise. Im sure you can see from my reputation I take no prisoners and will defend anything if possible.....but I am really struggling to see anything here with merit thered.Even if you tried to argue the Default notice..the evidence is overwhelming and most DJs would accept and agree with the claimant on the overriding factors.

 

You are still entitled to submit a defence should you wish to allow further time to consider..you could always withdraw it if required.

 

My advice would be to suggest to the claimant a Consent Order or Tomlin Order with monthly payment plan with view to to trying to avoid the CCJ.

 

Regards

 

Andy

[thered]

I can see plenty of loopholes and clutching at straws but at the end of the day they have an agreement signed by you ..statements with your payments made and when you stopped.£1 payments made then stopped and the a write off balance of £2408.57.

 

The claim is not based on the terms and conditions

The statement starts 1/11/05 agreement dated 17/9/05 (2 month holiday)

Write off on the statement £2408.57 less £50 amount claimed £2359.57.

Interest on credit 8.9 % £11,955.35 borrowed plus interest £2502.03 Total credit 14,457.42

 

Makes no odd re the PPI

 

Northern Rock Asset Management in the Particulars as we have spoken can only assume your account was transferred to them on their demise.In any event they are not making the claim Marlin are and are now the legal owners.

 

Sorry its bad news but to defend this can only increase the debt with further costs and I would be giving incorrect advice to advise otherwise. Im sure you can see from my reputation I take no prisoners and will defend anything if possible.....but I am really struggling to see anything here with merit thered.Even if you tried to argue the Default notice..the evidence is overwhelming and most DJs would accept and agree with the claimant on the overriding factors.

 

You are still entitled to submit a defence should you wish to allow further time to consider..you could always withdraw it if required.

 

My advice would be to suggest to the claimant a Consent Order or Tomlin Order with monthly payment plan with view to to trying to avoid the CCJ.

 

Regards

 

Andy

 

Thanks or the info m8, i was feeling good not now

 

I read that much its hard to take it all in RE terms though doesnt it need to be there after all if my agreement has no terms or wrong ones how is it in prescibed form? As is it not the terms that give Marlin its right to assign as they claim. No terms or wrong terms i am in no position to agree to anything with them as they are not mentioned on the agreement

 

does cca127 not apply? its pre 2007

 

Money is more blood out of stone £1 a month poss

[AndyOrch]

127(3) of the Consumer Credit Act 1974 it clearly states;

 

(3) The court shall not make an enforcement order under section 65(1) if section 61(1) (a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

 

What do you think is missing within the agreement prescribed terms?

[thered]

127(3) of the Consumer Credit Act 1974 it clearly states;

 

(3) The court shall not make an enforcement order under section 65(1) if section 61(1) (a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

 

What do you think is missing within the agreement prescribed terms?

 

The terms and conditions and cancellation notice

[AndyOrch]

The terms and conditions and cancellation notice

 

 

You have uploaded the terms and conditions.......cancellation notices are only applicable if the agreement was not made in branch.

[AndyOrch]

Have you considered a Time Order ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?382658-Time-Orders

[thered]

You have uploaded the terms and conditions.......cancellation notices are only applicable if the agreement was not made in branch.

 

Dates wrong its from the future after it was signed and i didn't get any anyway

[AndyOrch]

Dates wrong its from the future after it was signed and i didn't get any anyway

 

I would not advocate arguing Terms and Conditions as part of a defence...but its your call and your decision I have given you the benefit of my thoughts and experience.

 

Like stated you can still submit a defence and put them to strict proof but you seem to have everything and defending this would only increase the debt add costs and make you ill......

 

Regards

 

Andy

[thered]

I would not advocate arguing Terms and Conditions as part of a defence...but its your call and your decision I have given you the benefit of my thoughts and experience.

 

Like stated you can still submit a defence and put them to strict proof but you seem to have everything and defending this would only increase the debt add costs and make you ill......

 

Regards

 

Andy

 

Thanks m8y for all the help anyway, i may continue i have no default but the defence is just what i showed you yesterday.

 

Not arguing the fact i have had loans i had a few but not sure on this im not even sure if they are mixed up and also my loan is £11995.39

 

Odd isnt it? and i was paid ppi or misselling nt sure if this loan was £10000 plus what they added is actually the PPI

 

I have Sar'd OC just waiting anyway, do i need to ask claimant for extension? i have written thrice no reply shall i phone or just submit it ?

[AndyOrch]

Not being served a Default Notice or Notice of Sums in Arrears...may be a way forward and basis of a defence which could add leverage to mediation?

[thered]

Not being served a Default Notice or Notice of Sums in Arrears...may be a way forward and basis of a defence which could add leverage to mediation?

 

I will have to pop that defence in today, they have not complied with my 31.14 so i am wondering what will happen now?

 

I am assuming they will pull everything they have out eventually, then ask the case to resume in a further 28 days.

 

Can i ask for it to be struck out if they dont respond in 28 days, unlikely i know but i assume they are just waiting for judgement by default before they submit

[AndyOrch]

Nothing to lose and it will halt the default judgment...no need to strike it out leave it stayed...it only antagonises claimants when you pressure them to proceed.

[thered]

cheers Andy will keep you posted, If you can think of anything to add in the meantime drop me a line as its going in later tonight

 

Cheers

[dx100uk]

so how did this go?

 

dx

[thered]

well after waiting and waiting and waiting nothing, got letter of court saying they had 28 days r it would be stayed, well past it now looked online it doesnt seem to be stayed yet

 

shall i go with an unless order or leave it?

 

ty

[AndyOrch]

It does not show on MCOL if the claim is stayed (which it will be) MCOL finishes once a defence has been submitted.

 

Andy