defend ccj marlin/restons

[athena99]

Good morning all.
i am new ro this forum and not very tech savvy. so i apologis for any mistakes.
i have recieved ccj claim form from marlin/restons for 18000 for loan which was defaulted in 2009.
we paid into payplan for several years towards several debts. due to my husband having 3 heart attacks we were unable to keep up payments.
we have several ccjs but i really want to defend this.
restons are saying i took loan out in nov 2007.
i am sure it was 2006. the last payment towards the debt they say is 2013.
should i ask for evidence of loan and tick the i want to defend box.
this debt has been with about 4 different dca.
any advice would be greatly appreciated.
thankyou in advance

[Amethyst]

Re: defend ccj marlin/restons

Yes, follow the First Steps post. Acknowledge the claim with intent to defend, and send a CPR and CCA request off.

Who was the loan with originally?

Was it an unsecured loan ?

Could you type up the particulars of claim please.

Did you finish with Payplan on the DMP in 2013?

[athena99]

Re: defend ccj marlin/restons

hi amethyst.
thanks for quick response.
yes ended dmp 2013.
the loan was with bank of scotland unsecured.
my husband took the loan out but apparently i am also liable as gaurantor.
restons have already got a co with a different debt.
i know what they are capable of and really want to try and defend this.

[athena99]

Re: defend ccj marlin/restons

i did not take a loan out in 2007 as they are stating.
i believe they do not have the correct info.
thanks again Amethyst

[Diana M]

Re: defend ccj marlin/restons

the loan was with bank of scotland unsecured.
my husband took the loan out but apparently i am also liable as gaurantor.
restons have already got a co with a different debt.

Who is named as the Defendant? Is it your husband, you or both of you as 1st Defendant and 2nd Defendant.

If they've joined you into these proceedings then they'll have to evidence that you were a guarantor.

I assumed it was an unsecured loan otherwise they would have sought possession of the property instead.

I note you say that Restons have already got a Charging Order on your home but they are a firm of solicitors so the charge would be in the name of the judgment creditor. Was that also Marlin or another business?

I would send a Subject Access Request to the original creditor (BOS?) so you can see the full history of the account.

The claim is for £18k but you've been paying towards it for years so how much was the original loan?

Might there have been PPI on this loan or even some kind of term/life insurance? How did you take out the loan?

Sorry for all the questions but it's necessary to gather all the facts before making suggestions on how to manage this situation.

Definitely tick the box which says you intend to defend all of the claim but don't enter anything in the "Defence" box which is an easy mistake to make.

Send a s 77-79 CCA Request to the Claimant (Marlin?) with a £1 postal order for the statutory fee.

Since this claim is over £10k it's likely to be allocated to the Fast Track which proceeds in a different more thorough way than the Small Claims. Here's a guide to what lies ahead where you'll see the whole process can take over nine months > https://www.justice.gov.uk/courts/pr...rt28/pd_part28

Di

[Diana M]

Re: defend ccj marlin/restons

i did not take a loan out in 2007 as they are stating.
i believe they do not have the correct info.

The Claimant has to prove their case.

If you didn't take out the loan in 2007 then they don't have the correct information.

Whatever you do don't tell them the actual year you took out the loan otherwise they can remedy the error (if it is an error).

Di

[athena99]

Re: defend ccj marlin/restons

thanks for your response diana.
my husband took loan out in around 2004 and then added more to the loan in 2006.
we defaulted after his first heart attack and joined payplan where we were paying towards debt.
i think the money owed was around 16000 but bank of scotland added total term interest which took it to 21000. i think we owed 18000 in 2013 when we stopped payplan.
several dca have offered reduction on debt but we had to pay like 8k which we didnt have.
thankyou

[Diana M]

Re: defend ccj marlin/restons

Are you named as a Defendant as well as your husband?

Di

[athena99]

Re: defend ccj marlin/restons

the other charge is with mbna but i think marlin have been assigned debt after charge order was given.
we are borh named on court papers.
marlin are the defendents.
thankyou

- - - Updated - - -

oops sorry.
me and my husband are named defendents.
marlin is the creditor.
thanks

[Diana M]

Re: defend ccj marlin/restons

we are borh named on court papers.

If you are both named as Defendants that you will both have to defend the claim as individuals since your Defence may be different as the case progresses (you may have guarantor arguments etc).

So you must both/each complete the AOS and both/each send your own CCA Requests etc.

Di

[Diana M]

Re: defend ccj marlin/restons

we are borh named on court papers.
marlin are the defendents.

- - - Updated - - -

oops sorry.
me and my husband are named defendents.
marlin is the creditor.

I knew what you meant

What is the exact name of the Claimant? Is it Marlin Financial Services or a variation of that such as Marlin Europe or Marlin 11?

It's important to establish who actually owns the debt to discover if they have the legal right to claim it.

Di

[athena99]

Re: defend ccj marlin/restons

Hi
it says claimant marlin europe 11
and in another section claiming on behalf of lloyds banking group for loan taken out 2007 around nov 17th

thakyou Diana

[Diana M]

Re: defend ccj marlin/restons

thanks for your response diana.
my husband took loan out in around 2004 and then added more to the loan in 2006.

It's unlikely that the original loan had further monies added to it because the Ts & Cs wouldn't make sense if that happened.

What's more likely is the first loan was collapsed and a new one started for a higher amount which included the leftovers of the first loan and some more money lent on top.

This raises several issues in particular the whole loan interest from the first loan which didn't run it's full length (if that's what you meant).

Di