Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

[Pat78]

Hi and sorry it has taken me this long, as I have already had help from you fab people, but due to an accident I have been somewhat distracted....

I have a credit card debit from Llyods TSB taken out around 2001/2002. This debt had caused me so much trauma and stress its not even funny any more. Most of this debt was spent by my rather nasty ex (long story, dont get out the violins).

Finally they have caught up with me, with only one month away from being statuate barred...

I have followed advice on here with sending in an AOS and sending letters requesting CPR 31.14, Part 18 and the CCA.

I have had a response from Mortimer Clarke solicitors and received rather dodgey looking letters (I will scan copies in a mo). I have received neither of these letters before I would like to add.

I have also had a letter from Marlin saying they are requesting the CCA from Lloyds.

Now I have not received anything from the courts and I am wondering what is going on and what I need to do next?

[Amethyst]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Firstly I think we need to know the date of the court claim and the particulars of claim pls

Sounds like you have done the right bits so far.

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Ok the original issue date was 30th April, I have acknowledged this online 7th May and sent off the letters recorded delivery.

My scanner is not working so I may have to type out the letters I have received.

So far I have received this letter from Mortimer solicitros:


Dated : 14/02/2014
We have received your acknowledgement of serive and note you intend to defend this entire claim.

further we have received your letters regarding a request for documents under CPR 31.14 and a part 18 request.

We confirm we are taking our clients instructions in relation to your requests for documents and will come back to you as soon as we can. In the meantime, please find attached the notices of assignment, of our client and Lloyds TSB Banking group, sent to you dated 3rd December 2013.

We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please noticfy the court in writing of the agreement.

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Ok the original issue date was 30th April, I have acknowledged this online 7th May and sent off the letters recorded delivery.

These are the Particulars of Claim:
By and agreement between Lloyds TSB ("LTSB") & the Defendant on or around 07/08/2002
("the Agreement") LTSB agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claiment on 28/11/2013.
THE CLAIMENT THEREFORE CLAIMS:
1. 7457.99
2. Interest pursuant to section 69 of the County Courts Act 1984, namely 2080.85 & continuing until Judgement or sooner payment at the rate of 1.63.



My scanner is not working so I may have to type out the letters I have received.

So far I have received this letter from Mortimer solicitros:


Dated : 14/02/2014
We have received your acknowledgement of serive and note you intend to defend this entire claim.

further we have received your letters regarding a request for documents under CPR 31.14 and a part 18 request.

We confirm we are taking our clients instructions in relation to your requests for documents and will come back to you as soon as we can. In the meantime, please find attached the notices of assignment, of our client and Lloyds TSB Banking group, sent to you dated 3rd December 2013.

We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please noticfy the court in writing of the agreement.

Both these letters I have never seen.......

The other letter I have received from Marlins is as follows:

We refer to the above matter and your letter received on 12th May 2014.

We confirm that we have requested a statement of account and copy of the agreement from the original creditor and we will forward to you upon receipt.

As the above account is being delt with by Mortimer Cllarke Solicitors, please ensure all future correspondence is addressed to them.

[mystery1]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

with only one month away from being statuate barred...

Who signed the form ?

M1

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Which form? When I say it is a month away from being statuate barred, this is because I found my last payment on the 8th June2008!

[mystery1]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

The claim form. Bottom left.

M1

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Mortimer Clarke

[mystery1]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Mortimer Clarke

No other words ?

http://i139.photobucket.com/albums/q...h/ARROWXed.jpg

M1

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Mortimer Clarke Solicitors?!

[mystery1]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Thought so. Give them a call and ask them to sign the form properly. They'll probably refuse.

Then i'd apply to have it struck out. This way the statute barred limit will have passed and they will be screwed.

http://www.justice.gov.uk/courts/pro.../pd_part22#1.1

Documents to be verified by a statement of truth
1.1 Rule 22.1(1) sets out the documents which must be verified by a statement of truth. The documents include:
(1) a statement of case


http://www.justice.gov.uk/courts/pro.../pd_part22#3.1

Who may sign the statement of truth
3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by:


(2) the legal representative of the party or litigation friend.

3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.


http://www.justice.gov.uk/courts/pro...pd_part07e#9.1

Statement of truth
9.1 Part 22 requires any statement of case to be verified by a statement of truth. This applies to all online forms.

Signature
10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.



http://www.justice.gov.uk/courts/pro...es/part22#22.2

Failure to verify a statement of case
22.2
(1) If a party fails to verify his statement of case by a statement of truth –
(a) the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2) The court may strike out(GL) a statement of case which is not verified by a statement of truth.
(3) Any party may apply for an order under paragraph (2).






That's what i'd do.

M1

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Awsome! Thank you. I will address this tomorrow.

What does it mean if it gets Struck Out? In layman terms

[mystery1]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Claim dismissed. The limitation period has expired and you're free of them.

M1

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Ok, sorry to be a pain, but I struggle with understanding some of this fully. Plus I have fractured my pelvis, so I am not in the best of places right now.

What is my next step? I have heard nothing from the court and the letter from Mortimer Clarke Solicitors have said this:
"We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement"

Also how do I go about dealing with the signature issue? Do I need proof that I have contacted them to ask them to sign it properly?

Also what do I do about still not receiving the CCA etc?

Many thanks for you patience with this muppet!!

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Right I have written a short letter to the court including a copy of the letter agreeing to a 28 day extension. Is this the right thing to do?

When and what do I need to do regarding my defence?