Marlin V Gwkerr

[gwkerr]

Hi guys

I really need your help.....

I have come back from holiday after 3 weeks in the sun to a court claim dated 27th July. I have acknowledged the claim online today just in time :tinysmile_hmm_t2:.

The claim is from Restons solicitors for their client marlin. It is related to a current account from Lloyds for £1900 which was closed 4 years ago.
I stopped paying Marlin 4 months ago after reading that debt collectors don't have paperwork for the debts that they are collecting for and maybe unenforceable :tinysmile_cry_t:. I did write to Marlin on several occasions to provide for proof of debt. For 3 months no proof was provided.

Marlin have recently provided me with statements of the account and notice of assignment.

I did do a SAR request with the £10 fee to Lloyds Bank. The statements I received show £600 worth of bank charges and interest. Surprised as I requested them to freeze interest and charges due to financial difficulties. Plus they were unable to provide a copy of a default notice as I did not receive this originally.

Can somebody advise if I should defend or try and settle out of court?

My concern is that I am a homeowner and they could get a charging order due to this £1900 debt?

The Particular of claim

The claimant claims Payment of the overdue balance under a contract between defendant and Lloyd bank Plc dated on September 2004 and assigned to claimant on October 2014. The default date and balance and the account number and sort code.

[FlamingParrot]

Re: Marlin V Gwkerr

I have come back from holiday after 3 weeks in the sun to a court claim dated 27th July. I have acknowledged the claim online today just in time :tinysmile_hmm_t2:.

Well done! :clap2:

The claim is from Restons solicitors for their client marlin. It is related to a current account from Lloyds for £1900 which was closed 4 years ago.
I stopped paying Marlin 4 months ago after reading that debt collectors don't have paperwork for the debts that they are collecting for and maybe unenforceable :tinysmile_cry_t:. I did write to Marlin on several occasions to provide for proof of debt. For 3 months no proof was provided.

That refers largely to other types of accounts such as loans, credit cards and catalogue accounts, ideally taken out before April 2007. Overdrafts are part of a current account so there wouldn't be credit agreement to start with. :mmph:

Marlin have recently provided me with statements of the account and notice of assignment.

I did do a SAR request with the £10 fee to Lloyds Bank. The statements I received show £600 worth of bank charges and interest. Surprised as I requested them to freeze interest and charges due to financial difficulties. Plus they were unable to provide a copy of a default notice as I did not receive this originally.

Can somebody advise if I should defend or try and settle out of court?

You could try following the usual process, i.e. send the CPR request to Restons and see what they come up with. The CCA request does not apply to overdrafts. The whole process does take some time and it is possible to settle at any point right up to the time of the hearing.

My concern is that I am a homeowner and they could get a charging order due to this £1900 debt?

Sadly for judgments over £1,000 made after October 2012, they can get a CO even if you make the payments agreed with the court, however, a CCJ is required to apply for a CO. Before it comes to that, you could try either a F&F or a Tomlin order to pay in instalments and avoid a CCJ (and thus also a CO).

The Particular of claim

The claimant claims Payment of the overdue balance under a contract between defendant and Lloyd bank Plc dated on September 2004 and assigned to claimant on October 2014. The default date and balance and the account number and sort code.

On your CPR request you can ask for a copy of the contract, the notice of assignment and the default notice.

[gwkerr]

Re: Marlin V Gwkerr

Well done! :clap2:


That refers largely to other types of accounts such as loans, credit cards and catalogue accounts, ideally taken out before April 2007. Overdrafts are part of a current account so there wouldn't be credit agreement to start with. :mmph:


You could try following the usual process, i.e. send the CPR request to Restons and see what they come up with. The CCA request does not apply to overdrafts. The whole process does take some time and it is possible to settle at any point right up to the time of the hearing.


Sadly for judgments over £1,000 made after October 2012, they can get a CO even if you make the payments agreed with the court, however, a CCJ is required to apply for a CO. Before it comes to that, you could try either a F&F or a Tomlin order to pay in instalments and avoid a CCJ (and thus also a CO).


On your CPR request you can ask for a copy of the contract, the notice of assignment and the default notice.

I have posted the CPR 14 request today using recorded delivery to Restons. I will post up if I hear anything