Marlin/mortimer claimform - Yorkshire Bank OD +6yrs old

[MissTinks1975]

Hi Everyone

I am new to the group and I need some help with a problem, please.

 

By way of background

 

my husband & I ran into financial difficulty in 2008.

We closed our business (which was failing due to the recession) and put our house up for sale

as we couldn't afford to pay the mortgage on my husband's new salary working for someone else.

 

Our family were homeless for over 4 months before finally being given a local authority house where we are still living at the moment.

 

We have had some letters from debt collection agencies but due to me having depression & anxiety I buried my head in the sand

and rightly or wrongly I ignored them.

 

We left our previous property in June 2008 and

whilst I have always resided here and I have tried to keep up with most of my creditors

and make payment arrangements my husband has not always been here.

 

He has had to take work wherever he could which was all over the country

(due to this we separated for some time) and he hasn't had any contact at all with any creditors.

By no contact I mean no phone contact, no contact by letter/post & he has not made any payments in more than 6 years.

We are trying to get back on our feet and have started a different business which is going well,

our children are doing well at college & school despite the troubles

we have encountered as a family and we are now looking to get a mortgage

and hand this house back to the council for another family to use that is in need, like we were.

Everything was going ok.

 

I have joined Equifax some time ago to get in control of my finances and my husband more recently joined

and there was nothing at all on his. No CCJ's, No Defaults, Nothing.

 

However last week he received a CCJ Form from Mortimer Clarke Solicitors on behalf of MEIII

who apparently have bought an old overdraft debt from Yorkshire Bank which belonged to my husband.

 

So far we have been online to moneyclaim.gov.uk and have responded saying that he intends to defend the claim in full.

 

Am I right in thinking that if there is nothing on his credit file coupled with the fact that we know he has had no contact for 6 1/2 years

the debt must be over 6 years old/statute barred.

 

I need to know how to correspond with MEIII to request any paperwork they have

i.e the original agreement, default notice, assignment & formal demand for the money relating to this overdraft.

 

Also I need to know what to put on the defence section of the form.

 

I have some info from here and other websites but I just need to check it is correct

before I respond any further.

 

Any help & advice will be greatly appreciated,

 

Many thanks.

[ccholland]

Hi - please be very careful with this lot - very conniving as I had dealings with them before last Christmas regarding a YB overdraft

- back then I didn't really know what I was doing and as a result they got a CCJ which I am now paying

 

 

because they were successful with that they then came after me for a YB Credit Card thru Shoosmiths

but it didn't work that time and they didn't get anything!

That one was just about to be SB.

 

I am a lot more clued up now thanks to CAG so hopefully the guys with the right knowledge can help you and will be a long soon

 

Good luck and don't let them bully you.

[dx100uk]

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

 

 

please fill the above out and copy and paste it here.

 

 

dx

[MissTinks1975]

Hi dx

Thank you for your reply.

 

The name of the claimant is MEIII LIMITED

Date of Issue: 11/NOV/2014

Reason for claim: Unpaid current account overdraft

 

 

Particulars of claim

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 20/8/2010.

THE CLAIMANT THEREFORE CLAIMS 1. 3251.14 2. interest pursuant to section 69

of the county courts act 1984, namely 1676.04 & continuing until judgment

or sooner payment at the rate of 0.71 .

Value of the claim £3,251.14+ Interest £1,676.04+ Fees £185.00+£80.00=£5,192.18 in Total

 

The claim is for a current account overdraft.

 

My husband had the overdraft facility prior to 2007-I think.

 

Original creditor Yorkshire Bank.

 

I cannot remember receiving a Notice of Assignment.

I cannot remember receiving a Default Notice.

We have definitely not had any yearly statutory notices.

 

Payments ceased prior to June 2008 which was when we left our previous address.

There was no original dispute with the Yorkshire Bank.

 

 

We weren't pleased about all the bank charges that were slapped on us when we were

already struggling financially however we never made a complaint.

 

The Yorkshire Bank were aware of our financial difficulties at the time

as we had various appointments with the CAB

 

 

who contacted all of our creditors to offer a token payment of £1 per month to them all.

We didn't pay anything at all after moving as it was costing way more

than the £1 payments arranged in charges to pay all of them by payment book at the post office.

 

 

As I have already acknowledged the Claim Form online

and said my husband will defend the claim in full

 

 

I now need to send a CPR 31.14

requesting the details they have relating to this debt.

 

Many thanks for all your help, it is greatly appreciated.

[dx100uk]

yes send the current account CPR 31:14 from the legal section off the library tab top left

 

 

dx

[MissTinks1975]

Thank you for your help so far dx, I will let you know what happens.

Miss T.

[dx100uk]

if you are 100% sure its SB'd

you can file the SB defence now

[MissTinks1975]

Good Morning dx,

 

The only things I have to go on are that we moved house in June 2008 and

my husband has had no contact with this creditor/anyone regarding this debt since before moving and

 

 

also that he has checked his credit file and it shows nothing at all to do with any debts.

 

 

His credit score is low but there are no defaults or anything showing.

 

 

This means 6 years has passed and they have dropped off, otherwise it would still be there I would have thought.

 

 

I have written the CPR 31.14 request ready to send.

 

 

Do you think I am better to send it anyway and have all bases covered just in case?

 

 

Thank you

Miss T

[AndyOrch]

That is if it was ever recorded in the first place....send the CPR 31.14 Current Account request as advised.

 

Andy

[MissTinks1975]

Hi Andy

Thank you for your reply.

I thought that everything was recorded on a persons credit file, from the moment an agreement is made?

I have prepared the CPR 31.14 and will be sending it recorded delivery/signed for today.

What are the possible outcomes from this request?

Many thanks

Miss T.

[AndyOrch]

In theory yes..in practice and with this being an overdraft not always.The outcome from your request will most probably be nothing but the point you have requested is most important for any intended defence.

[MissTinks1975]

Thank you Andy,

I will let you know what happens.

[MissTinks1975]

Hi all,

I am just posting an update and would appreciate some help with what to do next.

 

I sent my husband's CPR 31.14 request last Monday 24th November and

it is showing as being signed for/received on Tuesday 25th November.

 

I gave them 7 days to respond

 

 

I am just asking what I need to do if nothing is received back from them in the post tomorrow.

 

 

Thank you

[dx100uk]

post 11 refers

 

 

whatever you do

 

 

you don't miss defence filing.

 

 

but that's weeks away yet,

by 4pm Friday 12th dec.

 

 

.................

 

 

 

 

on the credit file

 

 

are aLL his old addresses showing.

 

 

dx

[MissTinks1975]

Sorry dx,

 

Does post 11 refers mean that you thought they wouldn't send any info?

 

I think all his addresses are on credit file, what if they aren't?

 

So am I right in thinking that the fact that they haven't complied with the CPR 31.14 request

and the fact that we think the debt is statute barred is his defence?

 

Thank you

[dx100uk]

post 11......The outcome from your request will most probably be nothing but the point you have requested is most important for any intended defence.

 

 

go prove its statute barred

 

 

if it IS

 

 

then you can file the SB defence NOW if you wish.

 

 

if his old address IS on the file

then if the debt were to show, it would probably NOT be SB'd.

 

 

if it don't then good indication to SB'd.

 

 

cant he go ring YB and ask them when they called the OD in?

 

 

dx

[MissTinks1975]

Hi dx,

 

Thank you so much for your great advice.

 

I have checked his credit file...all addresses there.

Current, Previous 2 and both our parents.

 

No debts/CCJ's/Defaults or anything...file clear.

 

He is going to ring YB tomorrow and find out the date they called in the OD.

 

I will post and update you tomorrow.

 

 

Again many thanks.

[dx100uk]

great looking good

 

 

if you can prove it then file the SB defence via mcol asap

wont hurt.

 

 

The following defence is all you need if it is SB Booky

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

2 The Defendant 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.

Regards

 

 

[nicked from Andyorch reply]

 

as SIMPLE as that

 

dx

[MissTinks1975]

Hi dx,

 

 

Thanks for the info. I will update tomorrow once he has been in touch with YB

[MissTinks1975]

Hi dx,

 

My husband has just phoned YB.

 

 

He was told that they could not find any record of his bank account, on which this overdraft was attached.

 

 

They searched the a/c number & sort code and searched by his name and address, nothing.

 

 

The telephone operator was also surprised that YB had sold on the debt and said he had never heard of ME III.

 

 

Just out of curiosity my husband also gave another account number for an account we had together and this could also not be found.

 

 

The operator said that he found an account for a customer dating back to 1980 so he couldn't understand why our accounts couldn't be found.

 

We are no further forward with regards to the date that the debt was called in and are a little confused about whether this debt has been bought at all.

 

 

Any comments and advice will be appreciated.

 

Thank you.

[dx100uk]

hoho how unusual!

 

 

another marlin fleecing exercise

[MissTinks1975]

Hi dx,

 

Am I right in thinking that I file the defence using the wording you supplied with regards to the debt being statute barred

and also say that they haven't supplied the info in the CPR 31.14 request.

 

 

Can I also add that according to YB they cannot find any bank accounts with o/drafts relating to my husband and have said they have never heard of MEIII?

 

To me it sounds fraudulent.

 

 

Could they have got my husbands details from somewhere and made the whole thing up to get money from him?

 

Thank you for your help so far

[dx100uk]

75% of everything DCa's fleece from people they don't even legally owe!

that's why its such a lucrative business...

 

 

in this instance you would file the holding/no paperwork def me thinks

[MissTinks1975]

Hi dx,

 

 

Is there a template letter I can adjust to suit on here please

[dx100uk]

no templates

 

 

each case is individual to their numbered PoC.

 

 

however, the holding defence/ no paperwork defence 'style'

 

 

is detailed in numerous threads in this forum

 

 

and

 

 

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

 

 

just find a title that mentions a bank OD claim

 

 

pers id wait till 3pm Friday 12th

 

 

and post it here BEFORE you file

 

 

dx