Marlin/restons Claimform - old Lloyds TSB loan 'debt'

[joneshousehold]

I am trying to help a relative who has received a claim out of the blue

 

Name of the Claimant ? MFS Portfolio Ltd

 

Date of issue 2/12/15

 

Date to submit defence = 4/1/16 [by 4pm 4th jan ] EDIT BY DX

The claim was acknowledged online on 16/12/15

 

 

What is the claim for –

 

 

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract contract between the Defendant(s)

and Lloyds Bank dated on or about Sept 23 2009 and assigned to the claimant on 29 June 2015.

Particulars a/c no xxxxxx

Date 10/11/15 Default balance £18k

Post Refrl Cr Nil

Total £18k

 

What is the value of the claim? £18k

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan a/c

 

When did you enter into the original agreement before or after 2007? After (Sept 2009 is probably about right)

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? Not aware of it

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? None

 

Why did you cease payments? Reduction in income meant unable to afford payments any more

 

What was the date of your last payment? It may have been around Sept 2011

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

 

Tried to talk to the bank in the beginning but they were unhelpful.

The bank took a payment out the person's bank account that was also with them at the time

so the bank current account was closed and moved to stop that happening again

 

I am going to go back to the sticky to see what else needs to be done.

Probably be tomorrow now

[dx100uk]

I take it this is marlins financial services

claimant and sols?

 

 

dx

[joneshousehold]

Not really sure, I'm a bit out of touch with these things.

It was the first that was heard from anyone for ages.

 

 

They are based in Worthing and looking on google that does seem to be Marlins

 

Solicitor is Restons Solicitors Ltd

 

Hoping to fight this over lack of documents and missing procedures

[unclebulgaria67]

What type of loan ?

 

Send a CCA request to Marlins.

 

Send a CPR 31.14 letter to Restons asking for all documents mentioned in their particulars of claim.

[joneshousehold]

It was a personal bank loan

[joneshousehold]

I see the original post has been updated and the defence has to be submitted by 4pm on 1 Jan. I assume this is a fairly standard wording and will have a look at it over the next couple of days

[dx100uk]

did you get CCA and CRP running?

and ack the claim?

 

 

dx

[joneshousehold]

Yes, the letters are in progress. The claim was acknowledged on 16th December. I assumed that was what altered the defence deadline

[dx100uk]

no its 33days regardless. whereby the date on the claimform is day one of the count.

xmas day is not counted ,

 

 

std no paperwork/holding defence on loans / credit card threads here

[joneshousehold]

Defence wording as a starter for 10. Can someone give it the once over before I get it sent

Thanks

 

Particulars of Claim

1. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract contract between the Defendant(s)

and Lloyds Bank dated on or about Sept 23 2009 and assigned to the claimant on 29 June 2015.

 

Particulars a/c no xxxxxx

Date 10/11/15 Default balance £18k

Post Refrl Cr Nil

Total £18k

 

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had financial dealings with Lloyds Bank. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3.Paragraph 1 also states this alleged contract has an overdue balance. This is denied I am unaware of what account or contract the claimant refers to nor ever recall receiving any Default Notice pursuant to the CCA1974.

 

4.Paragraph 1 also states this alleged contract was assigned to the claimant. This is denied I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the LoP1924

 

5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, 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 how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77 request and remain in default and with regards to my CPR 31.14 request.

 

 

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

 

8. On the alternative, as 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.

 

 

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

[dx100uk]

looks ok to me

 

 

sorry I calc'd your date wrong 4pm 4th jan ...

 

 

dx

[joneshousehold]

Thanks for that. Much appreciated.

 

I did finish it late last night and I see today that some is written in the first person and some is in the third person so I will go back and tidy it up.

 

No probs about the deadline, once I have tidied it up I will send it anyway.

 

Cheers

[joneshousehold]

Had an interesting letter from Marlin. Any thoughts on how to respond. It says in summary

 

Note you have filed a defence which raises various accusations

Marlin is debt purchaser. Records show Agreement was dated on or about xx/xx/20xx. T&Cs of that agreements allowed OC to assign debt and that right was exercised on xx/xx/20xx. Around that time you should have received a letter from OC advising assignment to third party. You should also have had a notice from Marlin

Recent case law confirms Marlin as debt purchaser can pursue recovery. The fact there is no signed agreement between defendant and Marlin is no defence

You do not dispute financial dealings with OC

No record of S77 request and ask for this within 14 days. However do not understand why you require this as you had it when account opened. You should check your own records

Claim online can exclude enclosures under para 7.3 of Practice Direction 16 unless particulars of claim are served separately

CPR 31.14 states a party may inspect a document mentioned in a statements of case, a witness statement, a witness summary or an affidavit.

You would have been provided with a copy of the T&C at the time account opened so see no reason why you require an additional copy now

Further documents requested are not 'mentioned' in the particluars of claim so CPR 31.14 do not apply

Now we have provided details we require you to withdraw your defence and enclose N9A to complete and return to them. If not received will apply to court to strike out defence and seek to recover additional costs

 

 

This all sounds like

a. they do not have the documents

b. they cannot prove notice of assignment/default etc

 

All seems very heavy handed.

Any advice on how to respond

[dx100uk]

std letter if you go read other claim threads

nothing to worry about

 

 

no need to do anything

[joneshousehold]

OK thanks. I was concerned about the threat to apply for defence to be struck out. I'll have a look now

[Guest]

ha, their letter is funny.

a cca request has to be complied with prior to any court enforcement, regardless. you did send one?

the cpr 31.14 shld be complied with as is not small claim. they mentioned a contract and assignment in their particulars, both require documentation re being a con credit act regulated matter and under the LofP act.

ps, as you say, they say their 'records' and the 'terms' show xyz, why not just produce them then...

[dx100uk]

they cant simple

 

 

dx

 

OK thanks. I was concerned about the threat to apply for defence to be struck out. I'll have a look now

 

 

..

[AndyOrch]

they cant simple

 

 

dx

 

 

 

 

..

 

Well they could by way of Summary Judgment...but I doubt it:wink:

[dx100uk]

:lol:gotta find the agreement first

[joneshousehold]

I've had a read and I can see it's a regular response. In fact one thread had exactly the same wording for the final paragraph. Most interesting

I was a bit panicked as I had only just found out about the reply but from the research I've done it is still up to them to respond to court otherwise the claim is stayed. There is nothing on-line so far and the 28 day time limit is well passed, nearer 38 from date the defence was submitted. I'll keep an eye on it and be in touch if anything happens and I am not sure what to do.

I have found out that the CCA request was returned but for the moment I am not sure why. When I get the response I'll resend

 

Cheers all and thanks for your help. Donation made

[Guest]

ok, it may be stayed then. could give the court a call in a few days to see if you dont hear anything.

then, they'll have to apply to lift the stay. if they do, you'll get notice.

[dx100uk]

mcol ended when you filed your defence

 

 

dx

[AndyOrch]

:lol:gotta find the agreement first

 

Not necessarily...without panicking the OP and just so you are aware...when a claimant makes reference to striking out your defence...this is normally achieved by way of Summary Judgment CPR 24.This short cuts the process by way of an application and is basically judgment without trial.

 

It happens independently to trial process by way of a hearing and is based on the claimants application/witness statement and evidence...which may not necessarily include the agreement.Providing the claimant can show reasonable reason...balance of probabilities...it will request that the court consider in line with the overriding objectives CPR1...that judgment should be allowed and that there is no need for the the claim to be dispensed with at trial ...therefore saving further costs and court time.

 

It normally requires good counsel or even a barrister and is not cheep ...which is why its rarely used...but just be aware when they refer to striking out ones defence.

 

Regards

 

Andy

[dx100uk]

ah thank you

so yes its the cost issue as to why we don't often see it -

[joneshousehold]

OK folks. Maybe you are panicking me a bit. It's quite a large amount of loan so perhaps is worth their while. I am not sure how I will know if they have applied for striking out, presumably the courts have to tell the defendant if that does happen