Reston Solictors - Court Claim

[solojedi]

Hi Everyone,

First timer here, just after some advise if someone would be so kind.

I received a debt letter from Marlin Debt collectors about 8 months ago, informing me that I owed them just of £5,000 orginally owed to NRAM in 2006. I do not recall this debt and contacted the company for further information (Proof of Debt and original agreement) , they sent me a signed agreement from Egg in now (5 days ago) recieved a letter from Restons who are making a Court claim against me for £5000.

I was thinking about completing the acknowledgement slip so I get a further 14 days to build a case and then disputing it and going to court. However the court claim form advises trying to resolve the issue outside court if possible and come to an agreement, Is it worth calling the solictors or Marlin and advise them I do not know about this debt or should keep everything in writing and inform them i do not acknowledge the debt and its over 6 years old which can not be enforced any how or am I incorrect in thinking that?

Will the letter I sent them asking about the debt mean that I have acknowledged the debt and am now liable to pay it?

Also should I write to the solictors or Marlin ?

Would be most grateful for any comments / help anyone can offer.

Thanks


P.S. I have checked my credit report and can not see any mark or mention of the debt.

[panther12]

Re: Reston Solictors - Court Claim

Who is the claimant and have you not had any other correspondence from restons before they sent the claim form. Might be best to post up the contents of the claim form / particulars (minus personal details).

[solojedi]

Re: Reston Solictors - Court Claim

Hi Panther12,

Sorry for the delay -

This is what I am thinking about posting first class recorded to Reston , cut off day is 12.4 , so need to do it today / tomorrow. I also need to submitted a full defence as part of n9b form - i have already acknowledged the service.

Particular of claim:

"The Claimant claims payment of the overdue balance due from the Defendant under a contract between Northern Rock Asset Management plc dated onor about (09/10/2006) and assigned to the claimant on 24/08/2013 in the sum of £5,900"



I really need help as to what to say exactly in the defence - I have been advised by Citizen Advice to add the following comment and return it to the courts? Not sure if this is comprehensive enough though? -


No Evidence of any agreement signed or otherwise and nothing has been sent by the claimant to verify the debt owed.



In the Northampton County Court
Marlin Capital -v-
Claim Number:


7/4/2014

Dear Sir/Madam

CPR 18 - REQUEST FOR INFORMATION

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(a) a copy of the procedure(s) used for copying, storing and retrieving documents
(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(c) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

2. All records you hold on me relevant to this case, including but not limited to:

a. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Marlin
b. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
c. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
d. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
e. Copies of statements for the entire duration of the credit agreement.
f. The Deed of Assignment
g. Evidence of securitisation in the UK
h. The termination

3. Any other documents you seek to rely on in court.

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Yours sincerely,

[Amethyst]

Re: Reston Solictors - Court Claim

Hi,

The debt is £5000 for an Egg loan from 2006 and they have sent you a copy of the signed agreement.

The CAB sentence is incorrect as you have had a copy of the agreement from Marlin, who are the claimants.

Could you type up the particulars of claim please.

Okay '' "The Claimant claims payment of the overdue balance due from the Defendant under a contract between Northern Rock Asset Management plc dated onor about (09/10/2006) and assigned to the claimant on 24/08/2013 in the sum of £5,900"''
bit shoddy.

What have you done so far in the case other than acknowledge the claim online.
Where's the Part 18 request from ? Have you sent it to the claimants ? (okay no you haven't you're thinking of sending it)

Did you send a CPR 31.14 request ?

Did you send a CCA request ? (is that where the signed agreement from Egg came from? could you upload it pls redact personal info)

and your defence is due in tomorrow?

[solojedi]

Re: Reston Solictors - Court Claim

Hi,

Thank you for your reply,

The debt is £5000 for an Egg loan from 2006 and they have sent you a copy of the signed agreement. – Sorry this is not the same debt and not related to the egg card, balances are different, my mistake I had requested a CCA regarding a different account and not the one from Marlin, not sure where this has come from.

The CAB sentence is incorrect as you have had a copy of the agreement from Marlin, who are the claimants. – Is the CAB sentence therefore incorrect?

Could you type up the particulars of claim please. – All it say’s in the particulars of the claim is below

"The Claimant claims payment of the overdue balance due from the Defendant under a contract between Northern Rock Asset Management plc dated onor about (09/10/2006) and assigned to the claimant on 24/08/2013 in the sum of £5,900
Particulars a/c no: **********
Date Item Value
10.2.14 Default Balance
What have you done so far in the case other than acknowledge the claim online.
Where's the Part 18 request from ? Have you sent it to the claimants ? (okay no you haven't you're thinking of sending it) - I copied the part 18 request form and yes, thinking of sending it, Should I? Also spoke to CAB , nothing else.

Did you send a CPR 31.14 request ? – No

Did you send a CCA request ? (is that where the signed agreement from Egg came from? could you upload it pls redact personal info) – Yes but later found out Egg card is Not related to this debt

and your defence is due in tomorrow? – defence has to be filed by the 12^th

Thanks again

[Amethyst]

Re: Reston Solictors - Court Claim

Okay. On one hand good but on other hand bugger.

We're too late to put in a 31.14 request - do you have any idea what the debt is at all ?

NRAM transfered their personal loans to Marlins in October last year so it's likely to be a personal loan ?

We'll have to enter a defence along the lines of the CAB one but possibly a little more detailed, so lets work out what we can about this debt first and see if there's anything we can use.

[solojedi]

Re: Reston Solictors - Court Claim

Thanks for the quick reply.

I am not sure what the debt is as do not have enough information as to what t could be.

How should I complete the N9 form as a defence to the claim being made? Would like to enter a defence sooner than later.

Many thanks again

[Amethyst]

Re: Reston Solictors - Court Claim

Did you have a loan with Northern Rock ?

What kind of balance was on your Egg card?

[Amethyst]

Re: Reston Solictors - Court Claim

Sorry yes, fill in the defence and return to the court, cc it to the claimant if you like.

It's just concerning me about the Egg credit agreement as Egg and NRAM both get dealt with by Marlin. But indeed if you don't recognise the debt and are sure it's not the Egg debt then put in a 'don't know what you're talking about' defence as the CAB have said.

VERY ROUGH DRAFT


IN THE NORTHAMPTON COUNTY COURT (CCBC)

CLAIM No: xxxxxxxxxxx

BETWEEN:

xxxxxxxxxx Marlins Financial xxxxxxx

CLAIMANT

And

xxxx solojedi xxxxx

DEFENDANT

__________________________________________________ _________________________
Defence
__________________________________________________ ______

1. The Claimants claim form fails to adequately or even accurately set out the nature of the Claim.

2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to what the debt relates excepting that the original debt is alledged to be owed to Northern Rock Asset Management plc under an agreement reference *************** dated on/about 09/10/2006

3. The Claimant has not provided any details as to how the sums claimed have accrued.

4. The Defendant does not recognise the name of the original creditor ''Northern Rock Asset Management plc'' and has no knowledge of having held any agreement with that company. The Defendant is unable to identify to which account the claim refers to as he does not recognise the account number given in the claim.

5. The sparse particulars of claim state that the account was assigned from Northern Rock Asset Management Ltd to Marlin Financial on 24/08/2013. The Defendant has not received any notification of this assignment.

6. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.

7. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed and provide the Defendant with documents supporting their claim.

Accordingly, the Defendant contends that

8. The Claimant has failed to plead properly in this matter

9. Therefore, the Claimants Claim should be dismissed.

10. In the alternative, should the Claimant evidence their claim properly the Defendant reserves the right to plead further.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………
Dated

[solojedi]

Re: Reston Solictors - Court Claim

Thank you very much Amethyst thats a great help....

I will submit the defence tomorrow and use your draft if thats ok. The Egg card was for £1700 and I did have a mortgage account with Northern Rock which was transferred to NRAM who I still have a mortgage with , I am upto date with payments and have asked them about the account number but they do not reconigise it.

Should I remove part 4 of your draft?

Thankyou so much for your help and support

[Amethyst]

Re: Reston Solictors - Court Claim

You could amend it to say that you have do have current products with NRAM but nothing that is in arrears or recognisable on that account reference.
Ummmmm...

4. The Defendant does have financial products with ''Northern Rock Asset Management plc'' but has no knowledge of having any arrears with those products. The Defendant is unable to identify to which account the claim refers to as he does not recognise the account number given in the claim. The Defendant has spoken to NRAM by telephone and they are unable to identify any account under the reference given.


Something like that?

[mystery1]

Re: Reston Solictors - Court Claim

Have you asked for an extension to the time limit for filing a defence ? If not pick up the phone and ask them.

Also did a human or a company sign the form ?

M1

[Amethyst]

Re: Reston Solictors - Court Claim

Its fine to use the draft if it is of use and suits your situation of course, just bear in mind I'm only a layman like yourself xxx Basically you hope the Judge sees this and says to the claimants 'oi, get some evidence and some documents to show what this debt is or bog off and stop taking the pish out of the court system ' xxx

[solojedi]

Re: Reston Solictors - Court Claim

I hope the Judge takes your view on the claimant bring this to court without any evidence!!

Once I have submitted my defence to the court , what happens next? Do I need to do anything else.

Your help has taken so much pressure off me - did not know how to handle this, I previously had a similar letter in 2012 (during a bad spell)and did nothing they ended up getting the CCJ and had a charge put on my property for £1900.

[solojedi]

Re: Reston Solictors - Court Claim

Thanks - ammened part 4 -

Not asked for an extension - do I just call the court to do this?