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

[MissTinks1975]

Thanks dx.

 

I am currently looking at the posts on the thread that you supplied and

I will put something together today and will post on here for you to see it and tell me whether it's suitable for my husbands defence.

 

 

Also I have familiarized myself with the MCOL website so that I can go on next fri and file the defence without any problems.

 

So I am just using the ignored CPR 31.14 request to start with,

 

If they can locate the required paperwork and can show it I am 99.9% sure it will be statute barred anyway...

 

Is that what we are aiming for?

 

Kind Regards

[MissTinks1975]

Hi dx

 

 

could you please advise in simple terms exactly what I need to be doing.

This is from here, it's from the link you posted. I found something and amended it.

 

Thanks

 

 

Sorry for not knowing exactly what to do but I am no expert in things of this nature

I haven't filed this defence yet, I am doing it on Friday as you advised.

I just need reassurance I am doing the correct thing with this as I am really in the dark and need help and guidance

Edited December 5, 2014 by MissTinks1975

[dx100uk]

no don't worry theres no rush on this you have till Friday.

 

 

your particulars of claim 1-4 above

are not the same as what you posted in post 4

so which is the correct version exactly as it appears on the claimform please

 

 

dx

[MissTinks1975]

The correct POC is what I posted in the first instance. I altered it on the defence as I don't want him to look guilty. Didn't realize it had to be the same as on the claim form

sorry

[dx100uk]

hehe no matter

 

the poc doesn't go back into them anyway in your defence.

 

ok so:

 

1.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.

2.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.

 

3.The debt was assigned to the claimant on 20/8/2010.

nicked this from an andyorch thread i'll try and adapt it later

or you can....

Paragraph 1 is accepted - I have had financial dealings with Yorkshire Bank (CYRB) in the past

Paragraph 2 is denied with regard to to ever receiving a demand for full payment from either Yorkshire bank or the Claimant.

Paragraph 3 I am not aware or ever been informed of any legal assignment of this account number to the claimant.

On receipt of the claim form the Defendant sent a CPR 31.14 request dated XX/XX/2014 for a copy of the overdraft

facility agreement, Notice served under Sections 76(1) and 98(1) of the CCA1974,

notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim.

This was signed for by the claimants solicitors on XX/XX/2014. The claimant has yet to comply.

 

Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify

their claim and against pre action protocol should be considered when the question of costs arise.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show Notice served under Sections 76(1) and 98(1) of the CCA1974

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is

owed.

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant

has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

Until such time the Claimant can comply with my request for a copy of the Overdraft facility agreement/Notice served

under Sections 76(1) and 98(1) of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief[/i]

 

[dx100uk]

I've removed the last few posts to avoid confusion later to readers

 

 

dx

[MissTinks1975]

Good morning dx

 

 

Thank you for your help. If you wouldn't mind adapting it for me as I'm not sure exactly what needs to be done but it looks brilliant.

I need this to be done properly so that I don't make any mistakes.

 

 

Miss T

[dx100uk]

ok well lets see if anything arrives

and I'm sure andyorch will fine tune nearer the date.

 

 

dx

[MissTinks1975]

Hi dx,

 

 

We have today received a letter from Mortimer Clarke Solicitors, it reads as follows

 

 

Dear Sir

Re:MEIII Limited v *******

Ref:*******

Claim No*******

 

 

Further to your letter dated 24/11/2014, we are taking our client's instructions in relation to your request and will come back to you as soon as we can.

 

 

We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in

writing of the agreement.

 

 

Yours faithfully

 

 

Mortimer Clarke

 

 

Mortimer Clarke Solicitors

[dx100uk]

you file Friday regardless. cant see any benefit to you to delay things

getting to sound like a speculative claim from them

hoping for an uncontested default judgement

you called their bluff by defending & requesting paperwork.

 

 

dx

[MissTinks1975]

Yes that's exactly what I thought.

I will file Friday, if you could help me out and let me know exactly what to put on the defence.

 

 

Thanks in advance

[MissTinks1975]

Hi dx

 

 

So far I haven't received anything else in the post.

Please could you or Andy fine tune the above defence so that I am prepared for Friday.

 

 

Thanks in advance.

[dx100uk]

no we don't nurse maid

 

 

this is a self help forum too.

 

 

remember its 'you' doing it and poss going to court

 

 

if things go bad

 

 

you need to be confident and up to date on the reason why you filed this defence.

 

 

have a go

 

 

well sort it by Friday 4pm

[MissTinks1975]

Oki doki dx,

 

 

Will have a go and post on here when I've done it

 

 

Many thanks

[dx100uk]

good idea

 

 

it will help others too!

 

 

dx

[MissTinks1975]

Hi dx & Andy

Here goes...here is my draft defence

 

###Particulars of Claim###

 

1.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.

 

2.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.

 

3.The debt was assigned to the claimant on 20/8/2010.

 

 

4.The claimant therefore claims: 1. £3,251.14 ,interest pursuant to section 69 of the county courts act 1984,

namely 2. £1,676.04 & and continuing until judgment or sooner payment at the rate of 1.54.

 

 

Paragraph 1 is noted, I have in the past held a current account with Yorkshire Bank .It is denied that I have ever held or had any financial connections with Clydesdale and that any monies are due, I have no knowledge of any balance outstanding.

Paragraph 2 is denied with regard to ever receiving a demand for full payment from either Yorkshire Bank or the claimant.

Paragraph 3 is denied I am not aware of any legal assignment of this debt/overdraft to the claimant.

 

On receipt of the claim form I sent a CPR 31.14 request dated **/**/2014 requesting a copy of the agreement/overdraft facility confirmation & terms and conditions from that date pursuant to section 61B of The Consumer Credit Act.

Also the demand / termination notice served under sections 76(1) and 98(1) of the CCA1974, and any Notices of sums in arrears under running account credit CCA 2006 Sec 86C and Notice of Assignment.

 

The CPR 31.14 request was signed for by the claimant’s solicitors on **/**/****. The claimant has yet to comply with this request.

 

 

Until such time the claimant discloses the basis of its claim, I am unable to clarify the situation with regards to the claim brought against me, therefore against pre action protocol this should be considered when the question of costs arise.

 

As per Civil Procedure Rule 16.5(4), it is expected that the claimant prove the allegation that the money is owed.

Therefore I would request that the claimant is put to strict proof to:

 

1. Show how the defendant has entered into an agreement pursuant to section 61B CCA1974
   
2. Show how the claimant has reached the amount claimed for
   
3. Show the Notice served under sections 76(1) and 98(1) of the CCA 1974
   
4. Show how the claimant has the legal right, either under statute or equity to issue a claim.
   

 

On an alternative, as the claimant is an assignee of a debt, it is denied that the claimant has the right to lay claim due to contraventions of Section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.

 

Until such a time that the claimant can comply with my request for the copies of paperwork requested above it is denied that the claimant is entitled to the relief claimed or indeed any relief.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Hopefully I am somewhere near with this...please advise.

Many Thanks

Edited December 9, 2014 by Andyorch
Particulars brought forward for cross reference.

[AndyOrch]

Is there no more after their point 3...seems a strange line to end on?

[MissTinks1975]

OOps, think I have missed off the final paragraph...just having a look

[MissTinks1975]

Just looking...I think that's how the example above that you posted ends...can you confirm.

Just looking back myself at the post

[dx100uk]

this bit

 

 

4.The claimant therefore claims: 1. £3,251.14 ,interest pursuant to section 69 of the county courts act 1984,

namely 2. £1,676.04 & and continuing until judgment or sooner payment at the rate of 1.54.

 

 

my mistook

i'll go add it.

[MissTinks1975]

Thank you. Do you think that this is suitable?

[AndyOrch]

Just going to check it now Tinks...bear with me.....

[AndyOrch]

Defence now complete....edit add or remove anything you disagree with or are unsure...then copy and paste in MCOL.

 

 

Andy

[dx100uk]

thanks andy

 

 

dx

[ccholland]

Hi - when did you take this bank account out originally? Was it before 2005? (There is a good reason why I am asking).