CashCow - Marlin - Mort - LTSB

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

Had another response from Lloyds, I'm guessing in response to the dpa request?

It consists of 3 sheets of paper, 1 referring to a loan taken out in 2002 that was paid off when we took out the loan they are pursuing us for, and 2 that detail payments received and interest added on the loan we defaulted on.

There is nothing related to the accounts my partner held with them at all (even though they are instructing people to take us to court for money in relation to overdrafts on the accounts! )

Still had no response from the letters sent regarding the overdrafts either

[FlamingParrot]

Re: CashCow - Marlin - Mort - LTSB

Had another response from Lloyds, I'm guessing in response to the dpa request?

It consists of 3 sheets of paper, 1 referring to a loan taken out in 2002 that was paid off when we took out the loan they are pursuing us for, and 2 that detail payments received and interest added on the loan we defaulted on.

There is nothing related to the accounts my partner held with them at all (even though they are instructing people to take us to court for money in relation to overdrafts on the accounts! )

Did you send a request for data held in your name or in your partner's name? If the accounts were in your partner's sole name, they wouldn't appear on a response to a request in your name.

In my experience, most banks will only send data for the last six years.

Still had no response from the letters sent regarding the overdrafts either

Are you referring to the CPR requests? I see above they have agreed to a 28 day extension, have you notified the court?

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

All lloyds accounts and loans were in my partners name.

The 28 day extension was in response to the cpr request sent concerning the loan they are chasing, which we have sent to the court recorded delivery.

However we still have had no reply from the cpr requests sent with regards to the 2 overdraft amounts they are chasing.

[FlamingParrot]

Re: CashCow - Marlin - Mort - LTSB

All lloyds accounts and loans were in my partners name.

If you think the SAR was incomplete, you should write back to them asking for the missing data, providing them as much info as you have about the accounts.

The 28 day extension was in response to the cpr request sent concerning the loan they are chasing, which we have sent to the court recorded delivery.

However we still have had no reply from the cpr requests sent with regards to the 2 overdraft amounts they are chasing.

Ah, you need to chase those two and do the same, i.e. get their agreement to an extension.

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

Just a little update.

Received the 28 day extension for the 2 overdraft accounts the day after my last post (29/5).

Haven't heard anything since.

When do we need to make our next move?

Thanks for all the help so far

[FlamingParrot]

Re: CashCow - Marlin - Mort - LTSB

Just a little update.

Received the 28 day extension for the 2 overdraft accounts the day after my last post (29/5).

Haven't heard anything since.

When do we need to make our next move?

Good news! :thumb:

You need to notify the court of the agreement to an extension. :typing:

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

Already done

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

UPDATE

So I never heard a thing back from the court or Mortimer Clarke, we did get a rather large wedge of papers back from LTSB, but after that nothing.

...until yesterday. MC have sent us a new letter including a copy of all the items we previously asked for (ie the agreement) and are asking them to contact them regarding arranging a payment plan or set out our intended defence of the claim to them.

They win, correct?

[Amethyst]

Re: CashCow - Marlin - Mort - LTSB

Possibly.

So you notified the court of the 28 day extension, then did you put in a defence before the end of those 28 days or did you just wait until they sent you these documents ? I'm guessing not.

To be able to see if there is any defence available we would need to have a look at the docs, what have they sent you exactly ?

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

Notified the court of the extension, then waited to hear back from MC. Didnt hear from either again until now.

Included there is a signed and dated copy of the "credit agreement" with attached terms and conditions, some copies of screen prints detailing payments, and a copy of the transfer notice.

edit: There is nothing from the court in this letter

[Amethyst]

Re: CashCow - Marlin - Mort - LTSB

Okay. What's your opinion on the credit agreement, does it all look okay ? and is the correct one from when you opened the account ? Are all the terms present ?

Is the claim for just one debt - the loan ?

What's the situation with the other claims?( overdrafts?)

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

This is only regarding the loan, in the cover letter it does state "we note you have requested other documents, we will forward to you as soon as we can", which I'm guessing means they'll chase them once they've dug the correct documentation out.

As for the signed agreement, it appears to be ok and is all readable, The only thing that is off, is that at the bottom of every page there appears to be two addresses printed over the top of each other which looks like it has happened in the copying process.

[Amethyst]

Re: CashCow - Marlin - Mort - LTSB

They COULD as you haven't submitted a defence, ask for default judgment from the court, so if you don't want that to happen then you will need to get an admission and offer or a defence in to court asap.

Have you any way you can photograph/scan the agreement and post up (or email it to me admin@legalbeagles.info )

[CashCow]

Re: CashCow - Marlin - Mort - LTSB

I will try to photagraph the documents and email them to you.

I had assumed that they had withdrawn their court proceedings as they couldnt provide the correct documents within the allotted time, hence hearing nothing since.

In the cover letter it says:-

"The way forward

It is not clear what your defence to this agreement is, we ask that you set out the precise legal basis of any defence within 14 days.

Alternatively, our client is keen to resolve this matter with you without the need for further court action and we invite you to put forward repayment proposals to address the full outstanding balance. Please find attached a statement of means form for you to complete and return within 14 days with your repayment proposals.

We look forward to hearing from you."

[Amethyst]

Re: CashCow - Marlin - Mort - LTSB

Might be worth giving the court a quick call to ask what the status of the claim is, it should be stayed, but best to be certain.