*DISCONTINUED*Court Claim - MARLIN EUROPE V LIMITED (Cabot) / Northern Rock

[BeagleAid]

Received a claim? Yes
Issue Date: 15-11-2017
Amount approx: 977.62
Claimant: MARLIN EUROPE V LIMITED (Cabot)
Solicitor: MORTIMER CLARKE SOLICITOR LTD
Original Credit: Northern Rock

Particulars of Claim:
By an agreement between Northern Rock (Asset Management) plc & the Defendant on or around 14/09/2005 ('the Agreement') Northern Rock (Asset Management) plc agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 847.62

Stat Barred? Yes

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
Hey Beaglers

This is an interesting one. According to my credit file, the default date is 30/08/2012 but after receiving the County Court Claim, I pulled my head out of the sand, went through my records and found the original Default Notice from Northern Rock dated 3 December 2010. On the face of it, it seems an error has been made on my credit file and that because the original default date is nearly 7 years ago, the Claimant is not entitled to sue me.

I have had two earlier Claims against me for which I engaged Paul Tilley and he ably dealt with those for me but I thought I might try to handle this one myself due to the claim seeming relatively straightforward at this stage.

Any input would be most appreciated.

[Amethyst]

Re: Court Claim - MARLIN EUROPE V LIMITED (Cabot) / Northern Rock - 15-11-2017

Hi there

Sounds like you know what you are doing so far

Do you happen to recall ( or check bank statements etc) if you paid anything after that original default notice ( ie. did you rectify the breach at the time) then continue for a while before actually defaulting on the debt ? any evidence/knowledge of payments since default to any DCA - been in any debt management plan etc ? Is that 30/08/2012 date actually the default date or the last time it was reported on the file by NRAM ?

How much was the original loan for ( approx ) ?


[MENTION=551]pt2537[/MENTION] for info.

[BeagleAid]

Re: Court Claim - MARLIN EUROPE V LIMITED (Cabot) / Northern Rock - 15-11-2017

Hi there

Hi Amethyst thanks for your quick reply

Sounds like you know what you are doing so far

Well I just basically followed the instructions on your excellent site

Do you happen to recall ( or check bank statements etc) if you paid anything after that original default notice ( ie. did you rectify the breach at the time) then continue for a while before actually defaulting on the debt ?

I'm pretty sure the last payment I made was £100 around 26/10/2010. Nothing after that

any evidence/knowledge of payments since default to any DCA - been in any debt management plan etc ?

No payments to DCAs at all

Is that 30/08/2012 date actually the default date or the last time it was reported on the file by NRAM ?

Well on my credit file 30/08/2012 is listed as "Date of default"

How much was the original loan for ( approx ) ?

£25,000 over 60 payments of £477.62. I fell into financial difficulty towards the end of the loan term and only missed that last two payments. I then paid the £100 I referred to earlier to keep them sweet but was unable to pay any more after that.

I have scanned all the documents I can find, so just let me know if you want to see anything specific (I'll redact the necessaries of course)

[Onestepatatime]

Re: Court Claim - MARLIN EUROPE V LIMITED (Cabot) / Northern Rock - 15-11-2017

I suspect that the 2012 date is when the sharks took over the debt, it's probably factually incorrect and can be removed if you are able to prove.
Have you done the template CCA sec77-79 request?

[BeagleAid]

Re: Court Claim - MARLIN EUROPE V LIMITED (Cabot) / Northern Rock - 15-11-2017

I suspect that the 2012 date is when the sharks took over the debt, it's probably factually incorrect and can be removed if you are able to prove.

Could be. Something odd definitely happened around that time. Prior to that date the amount they were chasing was £1152.62, which was the amount they quoted on the Default Notice of 3/12/2010 I have in my possession. Then according to an old credit report I dug out, the amount I owed changed to £848 in September 2012. So it appears an alteration of the default date and the amount owed was made in August 2012 but sadly that was during my ostrich phase and I have no records to explain why.

I've attached a copy of the Northern Rock entry of my credit file for November 2012 to illustrate.

Have you done the template CCA sec77-79 request?

Yes sent off yesterday so maybe they'll send me something which explains what changed.

[BeagleAid]

Re: Court Claim - MARLIN EUROPE V LIMITED (Cabot) / Northern Rock - 15-11-2017

Here's a redacted copy of the Default Notice from 3/12/2010

[Diana M]

Re: Court Claim - MARLIN EUROPE V LIMITED (Cabot) / Northern Rock - 15-11-2017

Here's a redacted copy of the Default Notice from 3/12/2010

Your personal details (full name and address, and account number) are showing on your uploaded document.

You need to remove those to protect your identity.

Di

[Onestepatatime]

Re: Court Claim - MARLIN EUROPE V LIMITED (Cabot) / Northern Rock - 15-11-2017

[MENTION=49370]Kati[/MENTION]
can you sort for op? Please

[BeagleAid]

Re: Court Claim - MARLIN EUROPE V LIMITED (Cabot) / Northern Rock - 15-11-2017

Your personal details (full name and address, and account number) are showing on your uploaded document.

You need to remove those to protect your identity.

Di

Thanks for the heads up Di. I'm not sure what happened there. It was showing redacted in my copy. Anyway I've replaced it with a jpeg file now so hopefully that's sorted it

[Diana M]

Re: Court Claim - MARLIN EUROPE V LIMITED (Cabot) / Northern Rock - 15-11-2017

Thanks for the heads up Di.

You’re welcome

Incidentally Marlin Europe V Ltd (the Claimant) is unlicensed.

Di

[BeagleAid]

Re: Court Claim - MARLIN EUROPE V LIMITED (Cabot) / Northern Rock - 15-11-2017

Incidentally Marlin Europe V Ltd (the Claimant) is unlicensed.

Oh really?

At the moment I'm hoping the issue with the original Default Notice being over 6 years old will be my "killer blow" but that's definitely another useful piece of info to add into the mix (if i were legally savvy enough to make something of it!).

Thanks again Di

[BeagleAid]

Re: Court Claim - MARLIN EUROPE V LIMITED (Cabot) / Northern Rock - 15-11-2017

So I've been having a dig around and I've found a few more documents from NRAM which help to complete the picture and address at least two relevant points, namely:
a) Whether any monies were paid to NRAM or a DCA after the DN was issued.
b) Why the outstanding account balance altered from £1152.62 as stated on the DN to £847.62 which is the amount demanded on the recently received Claim Form.

I have statements issued by NRAM showing all transactions on my account. The first one is dated 5/8/2011 and covers the period 10/8/2010 to 4/8/2011
2011-08-05 NRAM Statement redacted.jpg
This shows my final payment to NRAM of £100 on 27/10/2010 bringing the balance to £1152.62 which is also the closing balance as at 4/8/2011 and which matches the amount shown on the DN.

The next statement is dated 31/7/2012 and covers the period 5/8/2011 to 30/7/2012
2012-07-31-NRAM Statement redacted.jpg
This statement shows no transactions.

The final statement is dated 31/8/2012 and covers the period 31/7/2012 to 30/8/2012.
2012-08-31-NRAM Statement redacted.jpg
This statement shows one transaction only. A credit on 30/8/2012 of £305 which appears to be an adjustment by NRAM crediting me with the penalty charges they had previously applied to my account for each time I bounced a direct debit. I guess the important point is that this isn't an actual payment which I have made to them, but rather a simple adjustment on my account which NRAM has unilaterally chosen to do.

This credit of £305 reduced the outstanding balance to £847.62 which matches the amount that Marlin are asking for in the County Court Claim.

The date of this credit is significant because it matches the "Date of default" listed on my credit file.

My argument is that the so-called date of default listed on my credit file (30/8/2012) is irrelevant. The true date of default was when I was issued the Default Notice - 3/12/2010.

Am I correct?

PS I also have a couple of letters from NRAM dated 30 and 31/8/2012 explaining that they are informing the CRAs of my default but I'll save those for another post - you lucky people!

[BeagleAid]

Re: Court Claim - MARLIN EUROPE V LIMITED (Cabot) / Northern Rock - 15-11-2017

Having filed my defence at the end of last week I today received these notices of capitulation from Mortimer Clarke Solicitors
2017-12-18-Mortimer Clarke Surrender redacted.jpg
2017-12-18-Notice of Discontinuance redacted.jpg

[Onestepatatime]

Re: Court Claim - MARLIN EUROPE V LIMITED (Cabot) / Northern Rock - 15-11-2017

Nice result there beagleaid, well done.

[Amethyst]

Re: Court Claim - MARLIN EUROPE V LIMITED (Cabot) / Northern Rock - 15-11-2017

Woohooo !!! Merry Christmas to you.

I'm sorry you don't seem to have had much help off us...mind you, you haven't really needed it from the start - Well done for standing up for yourself !!