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Thread: Marlin Europe II Lloyds CC

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  1. #1
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    Default Marlin Europe II Lloyds CC

    Hi All,

    Looking for some help, I received a Claim form and have just Acknowledged it on MCOL today. The claim is for a 9k credit card from Lloyds and the Claimant is Marlin and Mortimer clarke are the solicitors.
    Just over 10 days ago I sent Marlin a CCA request along with a £1 but have had nothing back yet.

    The Credit card was take out in 2003 and fell behind in 2007 then set up a payment plan with the last payment being made in 10/2011. I missed one payment in 5/2011 due to moving house and then they started bombarding me with calls and letters and i just gave up on 10/2011.

    I have all my Documents from Lloyds including my agreement dated back to 2003 and in the claim form particulars it refers to the agreement. What i have noticed in the agreement is its stamped at the top with the date 6/2003 and the stamp by my signature 5/2003 but the signature and date that i signed is 2005!! Two years difference between them!

    Not sure how i stand with this any help would be grateful.



  2. #2
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    Default Re: Marlin Europe II Lloyds CC

    You seem to have got off to a good start by sending a s 77-79 CCA Request to Marlin.

    When you say you have all your documents from Lloyds do you mean you've kept everything in a file from Day 1 or do you mean you sent a Subject Access Request to Lloyds and you're looking at date inconsistencies in the paperwork you received from them (Lloyds)?

    If you haven't sent a SAR to Lloyds then do that pronto.

    You should also send a CPR 31.14 Request to Mortimer Clarke solicitors. This forum has a template letter which you'll need to tweak to suit your situation. Here's the link > http://legalbeagles.info/forums/show...382#post410382

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    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 are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  3. #3
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    Default Re: Marlin Europe II Lloyds CC

    Hi Di,

    I did a SAR to lloyds 2 years ago so have all my documents here. The agreement i have has been date stamped 2003 but my signature that i have signed is dated 2005 so something doesn't look right.

    Just doing my CPR but not sure what date to use in the filing my defence onXX XXXX 201X part.

  4. #4
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    Default Re: Marlin Europe II Lloyds CC

    Did you send your SAR to Lloyds before or after the account had been assigned to Marlin?

    If it was before then you may need to send anther one so you capture the events surrounding the Default Notice (if any)/Termination/Assignment.

    The Transaction Log will be useful.

    Was it assigned by Lloyds to Marlin or could it have been assigned to another debt purchaser first who then later assigned it to Marlin? Assignment issues are important to winning a case.

    You have 19 days from the claim Issue Date to file your Acknowledgment of Service which you say you've already done.

    You have 33 days from the claim Issue Date to file your Defence.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    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 are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: Marlin Europe II Lloyds CC

    Hi,

    Just an update.

    I have sent a CPR 31.14 Request to Mortimer Clarke solicitors on the 6th May and have had no response back from any of them yet. One thing i did not do was to send them using registered post. Should i resend them? I have photograph evidence of the CPR letter to MCS and the envelope with a franking stamp on it.

    my case will be on the 22nd May so not sure what to do next.



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    Default Re: Marlin Europe II Lloyds CC

    Hi
    What exactly do you mean"my case will be on 22nd may"

    Is this the day your defence is due?

    If that is so, any proceedings will be some way down the line

    Are you still at the point of waiting for a response to your CCA request and you CPR requests. If your defence is due in on 22nd may, that is next Monday so I would think you could try to submit it over the weekend (once sat's post has arrived)

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    Default Re: Marlin Europe II Lloyds CC

    Hi Warwick,

    Thanks for responding, Yes i mean my defence must be in and have not had any response to my CCA and CPR requests. My date on my claim form is 20th April so it works out the 22nd May ??

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    Default Re: Marlin Europe II Lloyds CC

    I make it 23rd May but 1 day earlier won't hurt - better safe than sorry

    If you are not tied up at work on Monday, submit it then. I know the MCOL website is not he most reliable thing on the world

  9. #9
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    Default Re: Marlin Europe II Lloyds CC

    Will it matter that i did not send the requests by recorded mail?

  10. #10
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    Default Re: Marlin Europe II Lloyds CC

    Quote Originally Posted by Mrpond View Post
    Will it matter that i did not send the requests by recorded mail?
    Not really, as long as you can give evidence in your witness statement to say that on x date you placed x letter in the post to x company that should suffice
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. 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.

    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.


  11. #11
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    Default Re: Marlin Europe II Lloyds CC

    Thanks for you help pt2537 and warwick!

    I will start putting my defence together Sunday so will be back then for some advise.

    Thanks again

  12. #12
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    Default Re: Marlin Europe II Lloyds CC

    Quote Originally Posted by Mrpond View Post
    Thanks for you help pt2537 and warwick!

    I will start putting my defence together Sunday so will be back then for some advise.

    Thanks again
    If you need a hand just shout, ill be able to give you pointers if needed
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. 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.

    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.


  13. #13
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    Default Re: Marlin Europe II Lloyds CC

    Quote Originally Posted by Mrpond View Post
    Will it matter that i did not send the requests by recorded mail?
    Did you get Proof of Posting from the post office even if you didn't send them by Royal Mail Signed For?

    Did you also include a copy of your CCA Request with your CPR 31.14 Request which this forum's template letter advises?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    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 are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  14. #14
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    Default Re: Marlin Europe II Lloyds CC

    Hi Di

    I did not get proof of post at the post office but did get the receipt for the postal order. I put a copy of the CCA request with the CPR as the template advises also took a photo of the letters and franked envelope with the date on.

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    Default Re: Marlin Europe II Lloyds CC

    Quote Originally Posted by Mrpond View Post
    Hi,

    Just an update.

    I have sent a CPR 31.14 Request to Mortimer Clarke solicitors on the 6th May and have had no response back from any of them yet. One thing i did not do was to send them using registered post. Should i resend them? I have photograph evidence of the CPR letter to MCS and the envelope with a franking stamp on it.

    my case will be on the 22nd May so not sure what to do next.


    is the photograph time stamped in any way? If it was taken using your mobile phone then it will show that. I would suggest attaching the photograph for completeness.

    it would be good practice for you to obtain certificates of posting for anything you send to Mortimer Clarke while the court case is ongoing. Even better would be to email them a copy of anything you post the same day. Do you have an email address for them?

    We recently attended a small claims trial where the claimants legal representative sought an adjournment on the grounds we hadn't served a witness statement. Unfortunately for the claimant we had sent it special delivery and it had been signed for by them. - and we had the receipt at court to prove it. The trial proceeded and the claim was dismissed as agreement was unenforceable etc.

    If claimants solicitors try to pull that one with solicitors they would have no compunction with a LIP!
    I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email jo@joannaconnollysolicitors.co.uk. Our initial advice is always free.

    Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  16. #16
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    Default 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.

  17. #17
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    Default 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?

  18. #18
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    Default Re: Marlin Europe II Lloyds CC

    Quote 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
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    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 are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  19. #19
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    Default 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

  20. #20
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    Default Re: Marlin Europe II Lloyds CC

    Quote 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)
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    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 are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  21. #21
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    Default 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?

  22. #22
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    Default 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 ??

  23. #23
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    Default 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 QualitySolicitors Howlett Clarke in the Consumer Credit Department. 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.

    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.


  24. #24
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    Default 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

  25. #25
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    Default 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.

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