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Marlin Europe II Lloyds CC

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  • #16
    Re: Marlin Europe II Lloyds CC

    Hi Joanna

    The photo was taken with my mobile. Thanks for the great advise and from now on i will send all via email as well.

    I need to submit my defense by tomorrow and any help or templates would be greatly received.

    Comment


    • #17
      Re: Marlin Europe II Lloyds CC

      Hi Guys

      Just a quick thought, should i email my CPR to MCS today ? along with a copy of my SAR that i have sent to Marlin?

      Comment


      • #18
        Re: Marlin Europe II Lloyds CC

        Originally posted by Mrpond View Post
        along with a copy of my SAR that i have sent to Marlin?

        Your SAR should have been sent to Lloyds not Marlin, or have I misunderstood your post?

        It happens

        Di

        Comment


        • #19
          Re: Marlin Europe II Lloyds CC

          Hi Di,

          Its me sorry! i should have said I sent the CCA to Marlin then sent the CPR to MCS along with a copy of the CCA

          Comment


          • #20
            Re: Marlin Europe II Lloyds CC

            Originally posted by Mrpond View Post
            Hi Di,

            Its me sorry! i should have said I sent the CCA to Marlin then sent the CPR to MCS along with a copy of the CCA

            Just checking

            Di (aka Hawkeye)

            Comment


            • #21
              Re: Marlin Europe II Lloyds CC

              Hi Di,

              I have just emailed MCS copies of the letters sent to them and to Marlin. Hope this is ok?

              Comment


              • #22
                Re: Marlin Europe II Lloyds CC

                Hi Guys

                I need to submit my defense tonight and panicking a little not sure what to write is their a template for this? also do i submit my evidence like photo of letters sent and proof of postal order ??

                Comment


                • #23
                  Re: Marlin Europe II Lloyds CC

                  Evening

                  you could use this as a guide at least http://legalbeagles.info/forums/show...t-Court-Claims
                  I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                  If you need to contact me please email me on Pt@roachpittis.co.uk .

                  I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                  You can also follow my blog on consumer credit here.

                  Comment


                  • #24
                    Re: Marlin Europe II Lloyds CC

                    In your defence you do not need to include the 'evidence' you have - just that letter A was sent on xxxxxx etc

                    Remember to include everything you could rely on

                    Comment


                    • #25
                      Re: Marlin Europe II Lloyds CC

                      Evening LB

                      Thanks for the response

                      I have put together my defense using the template you suggested. could you have a look and tell me if its ok??? Thanks



                      2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

                      3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

                      4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

                      5. The Claimants statement of case states that the account was assigned from Lloyds Bank to Cabot Financial. The Defendant does not recall receiving notice of this assignment.

                      7. It is denied that Lloyds Bank served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

                      8: On the 2/5/17 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke solicitors. I requested the Claimant provide copies of the Agreement, Default Notice, Formal Demand and Notice of Assignment.

                      9. Mortimer Clarke solicitors have not sent any of these documents to me.

                      10. On the 19/04/2017 I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

                      11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of section 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


                      13. 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 is 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.

                      14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

                      15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

                      16. It is denied that the Claimant is entitled to the relief as claimed or at all.

                      Statement of Truth

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

                      Comment


                      • #26
                        Re: Marlin Europe II Lloyds CC

                        Paragraphs need renumbering to start at 1

                        You have not mentioned assignment and not receiving the notice or the claimant having the right to bring the claim
                        [MENTION=5553]charitynjw[/MENTION] [MENTION=87380]Diana M[/MENTION]

                        Comment


                        • #27
                          Re: Marlin Europe II Lloyds CC

                          I left 1 out as it had my claim number on but will run through and check before sending.

                          Comment


                          • #28
                            Re: Marlin Europe II Lloyds CC

                            Warwick you mentioned "You have not mentioned assignment and not receiving the notice or the claimant having the right to bring the claim"

                            do you have any examples i could use??

                            Comment


                            • #29
                              Re: Marlin Europe II Lloyds CC

                              Have you got an issue with the number '6'? Some kind of phobia, perhaps?

                              (Only kidding........but 6 is missing!)
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment


                              • #30
                                Re: Marlin Europe II Lloyds CC

                                Hi charity

                                Good point!

                                I have taken point 5 out as it stated the date the alleged agreement was taken out. have now sorted below

                                1: I received the claim ######## from the Northampton County Court on 20/4/2017

                                2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

                                3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

                                4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

                                5. The Claimants statement of case states that the account was assigned from Lloyds Bank to Cabot Financial. The Defendant does not recall receiving notice of this assignment.

                                6. It is denied that Lloyds Bank served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

                                7: On the 2/5/17 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke solicitors. I requested the Claimant provide copies of the Agreement, Default Notice, Formal Demand and Notice of Assignment.

                                8. Mortimer Clarke solicitors have not sent any of these documents to me.

                                9. On the 19/04/2017 I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

                                10. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of section 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


                                11. 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 is 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.

                                12. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

                                13. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

                                14. It is denied that the Claimant is entitled to the relief as claimed or at all.

                                Statement of Truth

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

                                Comment

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