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

[AndyOrch]

Already stated ...3 times submit the SB defence.

[myotai]

Already stated ...3 times submit the SB defence.

 

Andy, I have asked what you think I should do in terms of the other issues I have posted.

 

No CCA

 

Amalgamation of Accounts.

 

If I just go with SB defence the judge will look at the accounts/statement that Marlin will produce and laugh me out of court as it states £50 paid Nov 2011....surely I should mention that this was for the OD not the loan and that I was unaware that the accounts had been consolodated into one big account

[AndyOrch]

Andy, I have asked what you think I should do in terms of the other issues I have posted.

 

No CCA Irrelevant its SB

 

Amalgamation of Accounts. see my last post

 

If I just go with SB defence the judge will look at the accounts/statement that Marlin will produce and laugh me out of court as it states £50 paid Nov 2011....surely I should mention that this was for the OD not the loan and that I was unaware that the accounts had been consolodated into one big account

see my last post

 

Andy

[myotai]

Your last payment June 08 ..Default date August 08 claim issued Sept 14 = 6 years 1 months (almost)

 

 

I personally would submit the SB defence...ignore the amalgamation...ignore the payment made to the O/D you have no control how they appropriate payment...you personally never made a payment towards the loan...you wasn't informed it was amalgamated.They are not claiming the OD so any payments towards it are irrelevant.

 

Andy

 

I take ALL of these points.

 

My question is how can we make these points as part of a SB Defence?

[AndyOrch]

I take ALL of these points.

 

My question is how can we make these points as part of a SB Defence?

 

You dont or need to you are submitting a SB defence.

[myotai]

On a side note, I went to see a solicitor about this a while back. Didn't pursue after he told me I might incur several thousand pounds worth of charges with them. I told him that was that then and not to do anything else that would incur costs.

 

Just received a bill for £550 for one session and a letter summarising our conversation. WTF!!!! I can't afford that and have just emailed him to that effect!

 

Am I completely surrounded by vultures???

 

So, Andy...This is all I should submit for now?

 

 

Defence

 

1. The Claimant's claim was issued on (insert date on claim form).

 

2. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3.The Claimant's claim to be entitled to payment of AMOUNT CLAIMED or any other sum, or relief of any kind is denied.

[citizenB]

So, Andy...This is all I should submit for now?

 

 

Defence

 

1. The Claimant's claim was issued on (insert date on claim form).

 

2. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3.The Claimant's claim to be entitled to payment of AMOUNT CLAIMED or any other sum, or relief of any kind is denied.

 

Yes !

[myotai]

Alrighty then....

 

I've been worried over this guys, don't be too harsh in terms of concerns I've had. You may have seen thousands of similar claims dealt with.

 

This is my first :/

[BRIGADIER2JCS]

Alrighty then....

 

I've been s***ing myself over this guys, don't be too harsh in terms of concerns I've had. You may have seen thousands of similar claims dealt with.

 

This is my first :/

 

Good morning myotai.

 

 

In response to your PM the SB debt is what you must do.

[myotai]

Hi all,

 

Letter from Marlin received this morning but dated 25th September???

 

"We refer to your recent request for a copy of your loan agreement.

 

We can confirm that we do not hold all of your information on file, therefore we have requested a copy from the agreement from the original creditor and will forward you a copy upon receipt.

 

Please forward all future correspondence regarding this account the Restons Solicitors Ltd"

 

I guess that needs translating as I'm sure I'm not supposed to take it on face value?

 

Thanks,

 

M...

[AndyOrch]

Thats a bummer...hope they find it before trial

[myotai]

Thanks Andy

 

Does that letter get them out of the 12 days +2 to produce the CCA?

[AndyOrch]

Thanks Andy

 

Does that letter get them out of the 12 days +2 to produce the CCA?

 

Noooooo...12 +2 and counting

[myotai]

They signed for the request letter on 23rd Sept. According to Lloyds yesterday no such request has been made.

[AndyOrch]

They signed for the request letter on 23rd Sept. According to Lloyds yesterday no such request has been made.

 

[myotai]

Ha! What would we do if nothing received by say Monday as I have to submit a defence by midnight next Wed?

[AndyOrch]

Ha! What would we do if nothing received by say Monday as I have to submit a defence by midnight next Wed?

 

You are not waiting or relying on a respnse to a section 77/78 request....thought you would have submitted the SB defence last night

 

myotai you are really beginning to worry me...are you sure you should be defending this claim at all? You dont seem to understand the concept of a statute barred defence..

 

Andy

[myotai]

You are not waiting or relying on a respnse to a section 77/78 request....thought you would have submitted the SB defence last night

 

Didn't finish work until late and have been out all day today.

 

If that letter doesn't change anything I'll do it now?

 

M...

 

myotai you are really beginning to worry me...are you sure you should be defending this claim at all? You dont seem to understand the concept of a statute barred defence..

 

Andy

 

I think I understand Andy. Certainly everything that has been said to date anyway. It's only protocols and times I am not entirely clear on.

 

You have all the info I have. If you say SB defence so be it. I just thought that letter may have shifted the dynamic.

 

M...

[AndyOrch]

Perhaps so if you were submitting a holding/putting them to proof defence....

..but your not.

 

 

It is entirely your decision which type of defence you submit.

 

 

..after all you will be in court not us.

 

 

We can only provide the hindsight and our experience dealing with 1000s of the same claims year in and out.

 

Andy

[myotai]

But I'll have an opportunity at a later date if required to use the fact that they didn't supply CCA if I understand correctly.

 

I didn't realise that it's not a done deal if the SB defence fails and I have the opportunity of submitting a WS.

[BRIGADIER2JCS]

But I'll have an opportunity at a later date if required to use the fact that they didn't supply CCA if I understand correctly.

 

I didn't realise that it's not a done deal if the SB defence fails and I have the opportunity of submitting a WS.

 

 

Myotai, If the CCA is not to hand they cannot enforce.

 

 

As Andy said get the defence filed.

[myotai]

I will

 

I just want to understand what I am doing without merely doing it blindly.

 

Are you saying if the CCA is not produced by next week (12 days +2) then there's no case to answer to?

 

If so how does that work practically if its not mentioned in my defence (ie SB only)?

 

M...

[BRIGADIER2JCS]

I will

 

I just want to understand what I am doing without merely doing it blindly.

 

Are you saying if the CCA is not produced by next week (12 days +2) then there's no case to answer to?

 

If so how does that work practically if its not mentioned in my defence (ie SB only)?

 

M...

 

 

 

 

If the don't have the CCA then the debt id unenforceable. As Andy has said 12+2 days and no more.

[myotai]

And how will it become manifest to the court that they have not supplied the CCA if it's not in my defence?

[myotai]

Hi,

 

I recently attended court regarding an application I made to have a claim form struck out.

Thats not really the reason I dropped in here though.

 

 

The reason I am is because in the midst of the procedings the claimants solicitor suggested that the Cause of Action for my particular case was as soon as the final payment WOULD have been due on the fixed term loan.

 

I am wholly unfamiliar with this and given this might be what they're relying upon in the final hearing I need some help refuting this.

 

Basic details are:

 

CCA Loan taken out with Lloyds in 2004

Defaulted Jan 2008

Arranged to pay reduced amount

Stopped ALL payments in June 2008 - no other contact/payments since.

Account closed by Lloyds Oct 2008

 

DCA via Solicitors brought their claim in September 2014

 

Thanks...