Marlon/Restons/Lloyds

[Marshy]

Evening all, I hope I can pick the brains and plead for some help!

Right, where do I start! First of all, I'm doing all of this on behalf of my mum while she's going through a terrible time, however my mum is about so I'm basically the 'middle' man.
Received a letter from Restons Solicitors demanding immediate payment RE: Marlon Europe II Limited v Mum for £1775 to be paid by 29/11/13 (letter date 15/11/13) or they'll issue a CCS.
Now I had a quick search into who Marlon Europe II Limited were and couldn't find anything (was only a quick search on my phone) and I'll be honest, I'm so swamped at the moment I forgot about it. Low and behold, CCS comes in the post on Saturday (07/12/13). Now the first thing that struck me was the particulars of the claim which were that it was for Lloyds TSB for the above amount on or about 24/04/1995!!! I asked my mum and she doesn't even have the slightest idea of what it is. Baring in mind she's had other loans/credit card/account with Lloyds in the past.
I've read about the statue barred (sp) stuff but I just need some help on what to do because this is all alien to me, feeling very suffocated and overwhelmed with what to do!

Just for info, we don't care about credit ratings as she has an appalling rating & it doesn't affect her job (however if she didn't have one it'd seem easier to go bankrupt)

Help! And thank you to anyone that can help.

[Gorang]

Re: Marlon/Restons/Lloyds

Hi and welcome

I am assuming that the summons has came via Northampton Bulk centre

If it has then

First thing to do is go online to the Money claim online website
Register
And acknowledge the claim that, the claim will be defended


Can you scan and post up the summons (minus any personal details of your Mum) so we can see the actual wording in the POC box
(failing scanning and posting, could you type up the exact wording they have put in the POC box and post it up please)

What is the issue date on the summons??

particulars of the claim which were that it was for Lloyds TSB for the above amount on or about 24/04/1995!!!

This could be date that the account had been opened or defaulted, so we will need to try and find out when the last payment was made to this account if we can

Looks like this is an old account, poss be statute barred, as Marlin will have bought the debt from Lloyds TSB

Did she ever have a Lloyds TSB account that was left unpaid, if so can she remember when the last payment had been made or even better, have statements to prove the last payment made into the account???

If your mum does remember an account, then can your mum remember if she ever got a Default notice or a notice of assignment for this/a Lloyds TSB account, if so would she still have the DN or NOA??

[Gorang]

Re: Marlon/Restons/Lloyds

Also have a read of this thread
http://www.legalbeagles.info/forums/...istorical-Debt
as that will give you a good insight towards the procedure that you will more than likely need to follow depending what is written on the POC box

[Marshy]

Re: Marlon/Restons/Lloyds

Mum has no clue about the account or when the last payment is/was made. There is ANOTHER account that she's been paying off with Lloyds but that's for a bigger amount and was/is being paid.

Issue date - 04/12/2013

POC:
The claimant claims payment of the overdue balance due from the defendant(s) under contract between the defendant(s) and Lloyds Tsb Bank Plc dated on or about 24/04/1995 and assigned to the claimant on 24/04/1995 in the sum of £1776.68
Particulars a/c no:- [account number here]
Date Item Value
15/11/2013 Default Balance 1776.68
Post Refrl Cr NIL

Total:- 1776.68

Anything else?

[Marshy]

Re: Marlon/Restons/Lloyds

Help? :tinysmile_cry_t:

[Gorang]

Re: Marlon/Restons/Lloyds

Have you acknowledged the claim yet???

[Marshy]

Re: Marlon/Restons/Lloyds

Have you acknowledged the claim yet???

Yeah, today. Now where do I start?

[Gorang]

Re: Marlon/Restons/Lloyds

Start with
a CPR 31.14 request to Restons (no fee needed with this one) and sign it with fancy joined up computer font (NOT your mums own signature)

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On [DATE] I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1.The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2.The notice of assignment.
3.The default notice, compliant with 87(1) of the Consumer Credit Act 1974.

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or othermarking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

and also a CCA request (complete with a Postal order for £1 made payable to the name of the client on the POC) to Marlin and cc it to Restons so they are aware the request has been made
(again sign the request with a computer font as I said above)

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

•a copy of their agreement
•copies of some of the other documents mentioned in their agreement
•a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

•make the debtor pay the debt before they're supposed to
•get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

EDIT
Signing with a computer font shows if they copy and pastes your mums signature onto any documents

[Marshy]

Re: Marlon/Restons/Lloyds

Thank you! I will get all these posted out 1st class recorded delivery tomorrow/Friday and keep you updated on any progress (or lack of looking at other posts)

Thank you Gorang!!!!

[Marshy]

Re: Marlon/Restons/Lloyds

Who do I put on the postal order form for the CCA request? Marlin or Lloyds?

[Gorang]

Re: Marlon/Restons/Lloyds

Hi marshy

Thank you Gorang!!!!

Your very welcome



Regarding your PM about who to make the PO payable to

Mark the PO payable to the claimant which in your case is

Marlon Europe II Limited

BUT I am assuming "Marlon" is a typo and should be "Marlin" but if it is a typo on the summons then just double check the company's details (the claimant not their solicitor) which is printed on the summons via google, and see what comes up, but I am fairly sure it will be Marlin and not Marlon

[Marshy]

Re: Marlon/Restons/Lloyds

Yeah it is Marlin, typo by myself! Thank you again Gorang!

[Gorang]

Re: Marlon/Restons/Lloyds

Yeah it is Marlin, typo by myself! Thank you again Gorang!

Your welcome and please keep us posted

[Marshy]

Re: Marlon/Restons/Lloyds

Can I send the cc'd letter along with the first letter to Restons in the same envelope?

[Gorang]

Re: Marlon/Restons/Lloyds

Can I send the cc'd letter along with the first letter to Restons in the same envelope?

Yes you can