Marlon/Restons/Lloyds

[CleverClogs]

Re: Marlon/Restons/Lloyds

Well It seems from the pleaded case you entered into a contract, it was defaulted, terminated, and assigned on the very same day. A fantastic trick if you can do it of course.

The Claim itself is miscertifed , the statement of truth is invalid.

Even without any proof (yet) of the debt being SB, what should the defendant do with that crappy claim?

[Marshy]

Re: Marlon/Restons/Lloyds

Could anyone please advise, have to do it by tomorrow!

[Marshy]

Re: Marlon/Restons/Lloyds

Last plea, can anyone guide me? Overally stressed out atm, especially as mum ain't around due to illness either.

[Amethyst]

Re: Marlon/Restons/Lloyds

reading back xx

[Amethyst]

Re: Marlon/Restons/Lloyds

Have we established whether your mum ever had an account with Lloyds?

If not then I would expect a simple denial should suffice.


The 31.14 response is tosh btw - they mention a contract between Lloyds and your mum so they should supply a copy of said contract.

[Marshy]

Re: Marlon/Restons/Lloyds

How would I go about the denial? Via email?

[Amethyst]

Re: Marlon/Restons/Lloyds

Is your defence due in today ? I believe you can now enter the defence via Moneyclaim Online service ( http://www.moneyclaim.gov.uk/web/mcol/welcome/ )or email to Northampton bulk centre.

You can just word it naturally but post a copy up here. Just say you are not aware of owing any money to Lloyds bank, you have requested documents from the claimant under cpr 31.14 but nothing has been sent, and it appears the debt would be statute barred in any case.

That will just put the onus on to the claimant to evidence their claim.

[Marshy]

Re: Marlon/Restons/Lloyds

For some reason I can't sign into the gateway even though it was fine when I done AoS.

[Marshy]

Re: Marlon/Restons/Lloyds

Shall I email this:

I disagree with the whole amount listed in the particulars of claim under the following reasons:

1. I am not aware of any debt to Lloyds Tsb Bank Plc listed in the PoC.
2. I have requested documents from the claimant under CPR 31.14 and nothing has been sent
3. It would appear the debt would be statute barred in any case.

Regards,



Is that all ok, as long as I do the usual stuff expected at the top of the email?

[Amethyst]

Re: Marlon/Restons/Lloyds

Hiya, Ummmm hang on I'll write it up for you xx An email should be fine - there is a specific title you need to put on emails to Northampton I'll find it for you. Ref your PM don't worry you should be fine getting it in by 4pm today xx

Okay just says

If you send your response by e mail please send it to MCOL@hmcts.gsi.gov.uk and ensure you quote “Claim response” in the subject field. (I'd put the Claim Ref in the subject header box too )

give me ten mins xx

[Amethyst]

Re: Marlon/Restons/Lloyds

IN THE NORTHAMPTON (CCMCC) COUNTY COURT

Claim No. XXXXXX
Date: January 6th, 2013

BETWEEN:-

xxxxxxxxxxx

-and-

xxxxxxxxxxxxxx





DEFENCE

1. Save for allegations which are expressly admitted or not admitted, each and every allegation in the Particulars of Claim is denied.
2. The Defendant is xxxxxxxxxxx of xxxxxxxxxxx address xxxxxxxxxxxxxxxxxx
3. The Defendant is unaware of any contract existing between Lloyds Bank Plc and herself.
4. On receipt of the Claim Form the Defendant sent a CPR 31.14 request for a copy of the agreement and supporting documents which forms the basis of this claim.
5. The Defendant has received no supporting documents regarding this claim from the claimant.
6. In any event the Defendant submits that the debt would be time Barred by virtue of Section 5 of the Limitation Act 1980.

Statement of Truth

I, xxxxx believe the above statement to be true and factual.

[Amethyst]

Re: Marlon/Restons/Lloyds

That should at least put the onus of proving your mum owes the debt onto the claimants and they should be ordered to provide documents. It isn't the complicated way of dealing with it but I feel it should be sufficient in your case as the debt is obviously so old that your mum doesn't even remember it and the dates of contract and assignment are simply made up on the claim form.

[Marshy]

Re: Marlon/Restons/Lloyds

Sent! Now fingers crossed it's all ok and they can shove their 19 year old claim!

Thank you so much everyone for all the help, I will of course keep you all posted and I don't know what I would have done without the help you've all provided. Helping a broken boy trying to help mend a very broken mum! You're all fantastic and wish nothing but good for you all. x

[Marshy]

Re: Marlon/Restons/Lloyds

Just received Statement of Account from Marlin and looking through the 25pages (that weren't in order I might add) the last activity on the account was in January 2007 and the latest date on the whole account was 05/08/2007 which is over 6 years anyway from the date of the original claim from the court in December 2013

So just to confirm, Statue Barred? Where do I go from here? Do I inform the court?

[FlamingParrot]

Re: Marlon/Restons/Lloyds

Just received Statement of Account from Marlin and looking through the 25pages (that weren't in order I might add) the last activity on the account was in January 2007 and the latest date on the whole account was 05/08/2007 which is over 6 years anyway from the date of the original claim from the court in December 2013

So just to confirm, Statue Barred? Where do I go from here? Do I inform the court?

Indeed it is SBd! :bounce: :bounce: :bounce:

You can't just inform the court, you'll need to submit a SBd defence along these lines:

The claimant’s claim was issued on the xxth of December 2013.

The Claimant's defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

The Claimant's claim to be entitled to payment of £xxxx.xx or any other sum, or relief of any kind is denied.