Marlin/Restons Claimform - old Lloyd Loan 'debt' statute barred

[AndyOrch]

[dx100uk]

and from your other thread

you've sent the sar to Lloyds?

 

 

might be useful to have the statements

[myotai]

I will send the SAR tomorrow...

[Peterbard]

I did have PPI yes - cost me a fortune too!

 

Regarding the balance, its zero on the account statements the DCA sent me. But it looked like the outstanding balance at the time I stopped paying was about right.

 

Need to examine the PPI also unless you have already reclaimed it, it would I imagine seriously alter the balance due after six years of interest.

Another string to your bow.

[myotai]

Never looked into it as I presumed it would be a clear acknowledgment of the debt. Different game now though!

[Peterbard]

Never looked into it as I presumed it would be a clear acknowledgment of the debt. Different game now though!

 

No doesn't work like that, the debt has been assigned the original creditor will owe you the reclaimed PPI, could cause them all kinds of trouble, anyway lets have a look at the paperwork when you get it back.

[myotai]

If I get it back

[Peterbard]

If I get it back

 

Well that may not be a bad thing either

Edited September 22, 2014 by Dodgeball
may

[myotai]

I guess we're waiting on the replies from the request letters? Is there anything else I/we can do in the interim?

 

Feeling a bit disempowered at the mo...

 

Quick question,

 

Does receiving a 'Claim Form' stop the clock with regards to the Limitations Act and the 6 year rule?

 

Thanks...

[AndyOrch]

Yes myotai unless it was already SB before they issued it.

[myotai]

Thanks Andy....was just curious

[myotai]

Hi,

 

I spoke to a DCA recently and they said they needed to confirm my details before proceeding. I did this otherwise I'd have gotten nowhere.

 

This wouldn't have been proof of me acknowledging a debt would it?

 

I thought it was only a payment or acknowledgment in writing that counted.

 

Thanks...

 

I hasten to add this is academic as I am confident my particular case is SB.

 

I am just thinking of others that might fall foul of this if it is the case.

 

Thanks...

[BazzaS]

Hi,

 

I spoke to a DCA recently and they said they needed to confirm my details before proceeding. I did this otherwise I'd have gotten nowhere.

 

This wouldn't have been proof of me acknowledging a debt would it?

 

I thought it was only a payment or acknowledgment in writing that counted.

 

Thanks...

 

Why would you wish to confirm it related to you?

 

They can't proceed unless they are sure it relates to you.

If they "do more digging" and find it relates to you : you've bought yourself more time.

If they "do more digging" and find it isn't you then you've "bought" someone else more time.

 

You don't have to go out of your way to obstruct them, but (equally); why help them at all?

[myotai]

Sorry I didn't explain myself properly.

 

It was the DCA that wanted to confirm they were talking to the person related to the matter in hand.

 

They said that without me confirming my DOB and Adrerss they would not continue.

 

I guess werer telephone cconversations are concerned I really could have been anyone offering that information - not like I had a secure password or anything.

[Ganymede]

Quick question,

 

Does receiving a 'Claim Form' stop the clock with regards to the Limitations Act and the 6 year rule?

 

Thanks...

 

Yes it does but the important date is when the Court receives the Claim Form, not when it is served on you.

[ScarletPimpernel]

Acknowledgement of a debt must be clear and in writing for it to affect statute-barring.

[myotai]

Just an update. It's been a week now and still nothing from either DCA or solicitors regarding my cpr 13.14 and CCA requests.

 

How long shall we leave it before stating a defence?

 

Thanks...

[dx100uk]

the filing date - you have until midnight the 12th October to submit any defence.

 

 

just do not miss it regardless to if/if not they return anything

 

 

IF they fail to supply an enforceable CCA by that time

 

 

you file the 'holding/no paperwork' defence

widely available on many threads in the forum you are in

and in

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

but you must adapt it to YOUR PoC.

 

 

dx

[myotai]

Thanks DX!

[dx100uk]

make SURE you post your proposed Defence here first

and the team will check it.

[myotai]

make SURE you post your proposed Defence here first

and the team will check it.

 

No worries there!

[myotai]

Hi guys,

 

Got a reply from Restons re my CPR request. I'll transcribe the letter tomorrow but effectively they're denying any of my requests based on the following reasoning.

 

1. "You would have been given a Terms and Conditions at the inception of your loan so we see no reason why you need an additional one now"

 

2. "..The details in the POC contain all the information you need to understand what the claim relates to..."

 

They quote a load of stuff from paragraph 5.2A of 'Practice Direction 7E'...

 

 

As I said I'll transcribe tomorrow.

 

They've supplied nothing but the above.

 

What do you think?

 

Thanks...

[AndyOrch]

No need to myotai.... it will be the same template as on all our other Restons threads.

[myotai]

Thanks Andy,

 

So what are my options?

[AndyOrch]

As per DX post #53.

 

Regards

 

Andy