CashCow - Marlin - Mort - LTSB

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

The letters being sent to Lloyds, should these be sent to the local branch or should I find an address for their head office?

Sorry, for the plethora of questions!

[Amethyst]

Re: CashCow - Marlin - Mort - LTSB

Data controller
lloyds bank plc
25 gresham street
london
ec2v 7hn

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

Data controller
lloyds bank plc
25 gresham street
london
ec2v 7hn

...and send the CCA request from Lloyds to this address as well?

Would it be correct to put the following for the DPA request?

"Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to any of my business conducted with yourselves during the period I held an account with you, which may include but not be limited to; any correspondance, screen notes, or agreements.

I have enclosed a £10 postal order to be used as a fee for you providing me with this.

If you need any more information from me please let me know as soon as possible.

It may be helpful for..."

would that be ok or not?

[FlamingParrot]

Re: CashCow - Marlin - Mort - LTSB

Would it be correct to put the following for the DPA request?

"Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to any of my business conducted with yourselves during the period I held an account with you, which may include but not be limited to; any correspondance, screen notes, or agreements.

I have enclosed a £10 postal order to be used as a fee for you providing me with this.

If you need any more information from me please let me know as soon as possible.

It may be helpful for..."

would that be ok or not?

You may want to look at a more comprehensive version here: http://www.legalbeagles.info/forums/...160#post431160 :thumb:

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

Sent all 4 letters off yesterday.

Then returned home to find 2 more Claim Notices on the door mat from Marlin. These both relate to overdrafts and match the other 2 parts that they split up from the debt.

Can anyone recommend the best course of action for me now?

Thanks again

[FlamingParrot]

Re: CashCow - Marlin - Mort - LTSB

Then returned home to find 2 more Claim Notices on the door mat from Marlin. These both relate to overdrafts and match the other 2 parts that they split up from the debt.

Can anyone recommend the best course of action for me now?

Your first step should be as previously, i.e. acknowledge service and state your intention to defend.

Presumably the claims were for £1,000 and £300 respectively as below. If they were overdrafts, they may be a bit harder to defend based on enforceability arguments. The CCA request wouldn't apply to an overdraft. You may want to look at how those balances were reached, are they mostly charges?

You also say you were making payments into this accounts, did you have an agreement with Marlin where you were paying £5/month on each?

The debt owed to LTSB was for just over £12,000, but when the account was passed to Marlin they split it into 3 parts, 1 of them being for £11,000 (neither of us can remember what the other two parts might relate to, one part for £1,000 and the other for £300)

We got the usual threatening letters demanding we respond, so we payed them £5 off the largest amount. Then around a month ago we recieved 3 letters from Mortimer Clark stating contact them or else, so earlier this week we payed another £5 (only this time my partner payed it onto the £1,000 demand rather than the £11,000 by mistake), she also emailed them offering to continue to pay £5 per month on the money owed to LTSB, but asked for them to recombine these figures so as not to cause any more confusion for us.

[FlamingParrot]

Re: CashCow - Marlin - Mort - LTSB

The CPR request for overdrafts is worded in a slightly different way, as below: :thumb:

Dear Sir or Madam,

Re: xxx (claimant) v yyy (defendant)

Case No:

CPR 31.14 Request

On xx/xx/xxxx 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 and counter claim all of your 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/overdraft facility confirmation and Terms and Conditions from that date. 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 Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974.
3. Notices of Sums in Arrears under running account credit CCA2006 sec 86C.
4. Notice of Assignment.

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 to a modification, obliteration or other marking or feature, each version 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 version(s) to include an obligation to recover and preserve such version(s) which 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 as required under CPR15.5.

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

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

Presumably the claims were for £1,000 and £300 respectively as below.

You may want to look at how those balances were reached, are they mostly charges?

You also say you were making payments into this accounts, did you have an agreement with Marlin where you were paying £5/month on each?

-Correct

-I think we were accruing lots of charges at the time, so this probably would make up a significant amount of the overdraft owed

-No, Marlin didn't respond to the email sent to them. The arrangement to pay was made with the bank originally when we defaulted.

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

The CPR request for overdrafts is worded in a slightly different way, as below: :thumb:

Dear Sir or Madam,

Re: xxx (claimant) v yyy (defendant)

Case No:

CPR 31.14 Request

On xx/xx/xxxx 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 and counter claim all of your 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/overdraft facility confirmation and Terms and Conditions from that date. 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 Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974.
3. Notices of Sums in Arrears under running account credit CCA2006 sec 86C.
4. Notice of Assignment.

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 to a modification, obliteration or other marking or feature, each version 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 version(s) to include an obligation to recover and preserve such version(s) which 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 as required under CPR15.5.

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

Should this be going to Mortimer Clark?

Thanks

[FlamingParrot]

Re: CashCow - Marlin - Mort - LTSB

Should this be going to Mortimer Clark?

Thanks

Yes, it should. Recorded delivery. :thumb:

If there are two claims, you have to send one for each.

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

Got those letters sent off on Friday.

Also got our first replies to the initial letters sent:-

-1 from MC saying they have received the cpr 31.14 request and are waiting on their clients instructions, and in the meantime they are willing to extend the time for filing our defence, and that we should notify the court in writing.

-2 copies of the Notices of Assignment, 1 on Lloyds bank headed paper and 1 on Marlin headed paper.

-A letter from Marlin saying with reference to the letter received from us ",and confirm as we do not hold all of your information on file, we have requested a copy of the Agreement from the original creditor Lloyds TSB and will forward to you upon receipt."

-Then on Saturday we received a letter from MC in response to the email my partner sent before we received any of the ccj letters, dated the 6/5/14 (even though the other letters we received the day before were dated the 12th) saying
"Please clarify your query in regards to recombining the amounts on your account. In regards to your instalments of £5.00 per month, please respond via the completed court documents."

Should we now write to the court, and if so are there any templates to follow?

Thanks

[FlamingParrot]

Re: CashCow - Marlin - Mort - LTSB

-1 from MC saying they have received the cpr 31.14 request and are waiting on their clients instructions, and in the meantime they are willing to extend the time for filing our defence, and that we should notify the court in writing.

Should we now write to the court, and if so are there any templates to follow?

All you have to do is forward the letter from MC stating their agreement to extend the period for filing a defence, to the court. You can do so by email. :typing:

Did they agree to the full 28 days?

[FlamingParrot]

Re: CashCow - Marlin - Mort - LTSB

-Then on Saturday we received a letter from MC in response to the email my partner sent before we received any of the ccj letters, dated the 6/5/14 (even though the other letters we received the day before were dated the 12th) saying
"Please clarify your query in regards to recombining the amounts on your account. In regards to your instalments of £5.00 per month, please respond via the completed court documents."

There is no need to reply to this at the moment, presumably this was correspondence that took place previous to proceedings being issued. At this point, you are defending the claim, so you wouldn't be making any offers just yet. The court documents referred to would be the admission forms, so just leave this to one side for the moment.

Strange they should have taken 2 weeks to reply... :noidea:

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

All you have to do is forward the letter from MC stating their agreement to extend the period for filing a defence, to the court. You can do so by email. :typing:

Did they agree to the full 28 days?

Yes, 28 days.

Unfortunately I have no access to scanning or printing facilities, so it's back down the library to use the photocopier and will have to send it through the post. Should I send this recorded delivery also?

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

Still had no reply from anyone with regards to the letters sent regarding the two overdraft claims, should we start to chase this up, and if so how should we go about it?

Had an acknowledgement letter back from Lloyds regarding the dpa request saying they received it and that they would be sending the information.