Marlin/Mortimer claim form - old YB OD 'debt'

[newt]

Hi, please help.

 

 

Marlin/Mortimer Solicitors have issued a county court claim against me for a overdraft with Yorkshire Bank at least 8 years old.

 

 

I`m not sure if the amounts are correct its that old and don`t know how to fight it.

 

 

HELP NEEDED PLEASE

[citizenB]

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

 

We need a little more information than you have provided. Please have a look at the thread linked above. Copy and paste the first post over into this thread, and provide answers to the questions asked

[newt]

Name of the claimant ?

Marlin Europe 1 Limited

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

Issued 21.10.14

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

POC

Monies due under current account overdraft.

The claimant`s claim is for the balance outstanding under a bank account facility Clydesdale bank plc trading as Yorkshire Bank

(CYRB) agreed to maintain for the defendant.

It was a term of the bank account that any debit balance would be repayable by the defendant in full on demand.

Despite a demand being made, the defendant has failed to repay the amount due.

The debt was assigned to the claimant on 18/9/2009.

The claimant therefore claims,

1.£2427.00

2.interest pursuant to section 69 of the county courts act 1984, namely £1751 & continuing until judgement or sooner payment at the rate of 0

What is the value of the claim?

£2427 plus interest = £4178 in total

Is the claim for a current or credit/loan account or mobile phone account?

Current account overdraft

 

When did you enter into the original agreement before or after 2007?

Not sure, it could have been before.

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

Not the original creditor, or the original DCA, it has been sold again to Marlin in 2009

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Yes in 2009

 

Did you receive a Default Notice from the original creditor?

Yes but it was more than 6 years ago

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No

 

Why did you cease payments:-

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

Yes

[havinastella]

When was the LAST payment?

 

If you are 100% sure it's well over 6 yrs, here is your defence (thanks Andy)

 

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

 

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 acticon 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 £x or any other sum, or relief of any kind is denied.

Edited October 26, 2014 by citizenB
Text for defence in quote box

[citizenB]

your timeline is as follows :-

 

Issue date 21.10.2014 + 5 days for service = 25.10.2014 + 14 days to acknowledge = 09.11.2014 + 14 days to submit defence = 23.11.2014.

 

You MUST acknowledge your claim by 9th November - you can do this online using the claim reference and the password that you will find on the claim form.

 

If you received the Default Notice and demand for repayment in full more than 6 years ago and have made no payment or acknowledged liability in that time , then it could be that the debt is statute barred. However, you need to establish for certain.

[dx100uk]

don't forget you have to create a user first on MCOL - and write down the number given

you use the info on the claimform after logging in and selecting AOS

[newt]

This overdraft was caused by the bank adding money to my account by mistake without me knowing,

maybe one or two thousand pounds, its that long ago I can`t even remember.

 

 

When they did finally let me know of their mistake the funds were no longer there.

 

 

I did have quite a bit of money going in and out of that account at the time and didn`t notice,

I didn't have internet banking to check if it was even invented then.

 

When I couldn't pay it all back instantly the bank closed my account,

called the debt an overdraft and gave me a default notice.

 

 

I have paid a small monthly amount as suggested by the cccs to which ever DCA was dealing with the account ever since.

I also have it in writing that they will accept the monthly payments and

 

 

then I received a claim form from the county court from Marlin.

 

I checked my credit file and there is no record of a default regarding this so it must be well over 6 years ago.

[AndyOrch]

" I have paid a small monthly amount as suggested by the cccs to which ever DCA was dealing with the account ever since."

 

So its not Statute Barred then.

[newt]

Can anybody suggest how I should approach this case please or if they think there is anything I can do to fight it, and is there any documentation that I should be asking for. Thankyou

[AndyOrch]

Send the following for starters newt.......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

[newt]

thanks Andyorch

[dx100uk]

so what is happening with this?

 

 

dx

[newt]

Hi DX,

I requested a copy of the alleged documentation under CPR 31.14.

If they don't provide me with it within the next couple of weeks the claim is automatically stayed.

[dx100uk]

ah good you just hadn't comeback with any update of what you were doing.

 

 

you must be OK with the legal process etc etc then?>

 

 

dx

[newt]

Just a waiting game now.

I get some advice and also find this site very helpful thanks DX. I have also donated. I will post when I get to the next stage.

Thanks again

[newt]

Update,

The claimants solicitors have been instructed to take no further action and

 

 

told me the claim will be automatically stayed if they are unable to supply the documents by a date that has now passed.

 

I`m not sure what to do next,

 

 

should I contact the court to let them know,

 

 

should I try to get any defaults related to this case removed ?

 

Thanks

[AndyOrch]

No and no to the your points newt.

 

Andy

[newt]

Thanks Andy