Cabot/shoos claimform - yorkshire bank OD - stayed 4yrs - now SJ threat

[robingetz]

Name of Claimant: Marlin Europe Limited

Date of issue: 02/04/14

What is the claim for?

 

1. The claimant claims the sum of £2488.72 being monies due from the defendant to the claimant under a regulated agreement between the defendant and CLYDESDALE and assigned to the claimant on 18/10/2006, notice of which has been provided to the defendant.

 

2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.

 

3. The claimant claims the sum of £2488.72 and costs.

 

4. The Claimant has complied, as far as is n the pre-action conduct practice direction.NumberWhat is the value of the claim?

Amount Claimed £2488.72 Court Fees £75.00 Solicitor’s Cost £80.00 Total Amount £2643.72

 

Has the claimant included section 69 interest? Don’t know (don’t think so)

Is the claim for a current account? Yes

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

 

Has the claim been issued by the original creditor? No

Were you aware the account had been assigned? Yes

 

Did you receive a default notice from the original creditor? Yes (Account defaulted 2006, removed in 2012)

 

Have you been receiving statutory notices at least once a year? No

 

Why did you cease payments? Account in dispute over bank charges.

 

Was there a dispute with the original creditor? Yes.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

Apologies for formatting, I can't change it

 

Hi,Haven't been on for a while, as I thought that finally my finances were in order and I was debt free until this landed on my doorstep, some 8 years since I had the account.

 

It arrived the morning I was leaving on holiday, so already 3 weeks behind.

 

Any help much appreciated

Thanks

Edited April 29, 2014 by Andyorch
Formatted.

[unclebulgaria67]

What type of debt is this ( mortgage, secured loan, unsecured loan, credit card ?

 

When did you last make any payment ?

 

If this relates to another thread, can you just update your previous thread, so it is easier to follow.

[AndyOrch]

Have you acknowledged service robin?

[robingetz]

It relates to a current account that was overdrawn mainly with bank charges and overdraft fees,

 

this was aprox 8 years ago and It was defaulted and then removed after 6 years.

 

I acknowledged the service online disagreeing with the claim,

 

just before I went on holiday as I couldn't do much else on that particular morning.

[AndyOrch]

Okay well your defence must be submitted by the 4th May.You must request information by way of a CPR 31.14 request (Current Account version)

this can be found in the Legal Templates library...get this away to day if possible.

 

Regards

 

Andy

[unclebulgaria67]

Surely this debt would be statute barred, if no payments made for over 6 years, since the account went into default ?

[robingetz]

Sending the CPR request today.

 

My thoughts is that they have stumbled across this old debt and are trying to frighten me into paying it by issuing a claim through the court.

 

What would my defence be, I will submit that before the deadline.

 

Thanks

[AndyOrch]

We cant sort a suitable defence nearer the time.Have you ever received a Recall /termination Notice and Notice of Sums in Arrears over the past 8 years?

 

Andy

[robingetz]

I don't think I've had anything for this account for many years,

I presumed the bank had written the debt off,

as it was mainly bank charges that made up the overdraft,

 

I don't even remember being contacted about it by a DCA during that time

, which is why I was surprised that it surfaced again after so long.

 

Also can this account have a ccj, even though it was defaulted for 6 years and the default removed?

[unclebulgaria67]

If you have not made any payment or written to acknowledge that you owe this debt for over 6 years, it will be statute barred.

 

So you could enter this as a defence and it is up to the claimant to prove otherwise.

[robingetz]

Thanks for the advice, how would I word it, would I just put in my defence that the account is statute barred or would I need to elaborate, sorry for my ignorance but this is the first time I have had to do this.

[robingetz]

Hi, can anybody help in how I should word my evidence,

do I just submit that the account is statute barred

or do I need to go into more detail?

 

I've sent the CPR request off but need to enter my defence by 3rd May.

 

thanks

[unclebulgaria67]

This appears to be a wording that has been used for such a defence. Just make sure that if there was anyone else that was a joint account holder or who may have dealt with your post, that they have not made any payments on your behalf, without telling you. If you are sure that no payments have been made for well over 6 years, then you can use this defence and it is up to the claimant to prove otherwise.

 

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

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

Dated:

[robingetz]

I am positive that no payments have been made in over 6 years. Thank you for your help, I will submit this as my defence.

[AndyOrch]

I does not require a statement of truth if you are submitting vis a MCOL.

 

Andy

[robingetz]

So what do I need to submit? Thanks

[AndyOrch]

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

[robingetz]

Many thanks Andy & Bulgaria, I'll keep you informed of what happens next.

[robingetz]

Help! I have tried to log into the claim to submit my defence and I can't, it says the claim number or password is incorrect,

 

I've put in the correct details several times but can't log in.

 

I phoned the number on the form but they are closed now until Tuesday and my defence needs to be in by tomorrow (3rd).

[AndyOrch]

Have you resolved this robin?...you can email it to MCOL.

 

Andy

[robingetz]

Got a letter from Shoosmiths on Saturday saying that the have requested the documents I asked for (CPR request) and they should be in a position to supply them by 2nd June,

 

and they are agreeable to providing me with an extension to file my defence within 14 days of receipt of the documents.

 

So this must be the reason why I couldn't log in to submit my defence.

[AndyOrch]

Not really it has nothing to do with MCOL...they are merely offering you an extension of time which is now irrelevant as you have submitted your defence.

 

Andy

[robingetz]

I haven't submitted my defence,

that's why I was panicking on Friday night

, I couldn't log in and the help line was closed all weekend and my defence had to be submitted on Saturday,

until I received the letter from them.

 

Still gives me more time to submit my defence.

[AndyOrch]

Right I thought you had as I advised you could email it.Read CPR 15.5 on extending a defence you must inform MCOL and attach shoos conformation of same re the extension.

[robingetz]

Hi,

More developments,

I sent the CPR request and submitted my defence,

both of which were acknowledged.

 

Shoosmiths said in reply to the CPR request that they did not have any documents but they hope to have them by 2nd June.

 

I still have not received them,

but I got a letter from them on 11th June saying that they now wish to proceed with the claim against me and it will be transferred to my local court.

 

I still haven't got any proof of what the debt is,

and they didn't comply with the CPR request.

 

Surely they are trying to frighten me into paying by transferring it to my local court.

 

Any advice please?