Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

[FlamingParrot]

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.

Sorry to hear that. Look after yourself, your health always comes first!

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"

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?

Yes, that's the thing to do.

[FlamingParrot]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

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

Many thanks for you patience with this muppet!!

Nothing. :tinysmile_kiss_t4: No need to chase your CCA request, non-compliance can be used in your defence. :thumb:

With regards to your defence, it's still early days, let's see what these clowns come up with in the meantime.

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Do I not need to ring up Mortimer Clarke and chase the requested documents?

Also which tact should I use first? The signature issue or the fact they have not complied with my request? or both?

Thankyou for your kind concern, at least I have plenty of time sat infront of a computer to deal with this!!!! Always a silver lining!

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Right, time to sort this out for once and all.

Still had no paperwork from Marlin or Mortimer Clarke. So how do I go about filing my defence?

I have had no acknowledgement from the courts by the way, so I am confused as to what is going on? I assume (yes I know I should not) its not gone to court yet?
I know I have left this, but its caused me so much stress I had a bit of a break down and then I retreat into a hole!

[Amethyst]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

From a quick read back you have agreed an extension with the claimants and notified the court so your defence date is at the end of June.

You've sent CPR and CCA request (and a Part 18 request?) and had nothing at all back from the claimants ?

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

That is correct, nothing apart from the dodgy looking letter from Lloyds apparently informing me of selling it to Marlin and their equally dodgy letter of first contact. Dodgy as they are both in differing format (headers etc) compared to their normal.

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Oh also, their letter agreeing to the 28 day extension, telling me to contact the courts is dated 14/05/2014, so is the 28 days from then or my letter on the 2/6/2014?

[Amethyst]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

It is a 28 day extension - so it is 28 days added on to the original date you had for filing your defence by.... so issue date 30th April plus 33 days(28 plus 5 for service) then add 28 days... brings you to ....30th June ish, so really you want to be entering your defence or application over the next week.

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Ok, thank you, at least I can sleep tonight, unlike last nights four hours of tossing and turning.....
What should I put in for my defence? Just that they have not provided proof of contract?

[Amethyst]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Pretty much yes, I'll get some examples sorted for you xx You have non compliance with the CCA request, non compliance with the civil procedure rules (31.14 information and 22? signature on statement of case) so few options to put in there.

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Thank you, you are a star!!!!! I admire peole like you who devote their time and energy to helping others like this.

[Amethyst]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

What was your Part 18 request ?


Made a start putting a defence together. Input very welcome.

IN THE NORTHAMPTON COUNTY COURT (CCBC) CASE No: xxxxxxxxxxxxx

BETWEEN:

MARLIN FINANCIAL SERVICES
CLAIMANT
And

PAT78
DEFENDANT


__________________________________________________ _____
Defence
__________________________________________________ _____

1: This claim is for a credit card debt under an alleged agreement between Lloyds TSB and the Defendant.
2: The Defendant admits he has held various financial products with Lloyds TSB in the past however the claim is not specific as to which of these products the claim refers to. There is no account reference or other identification within the statement of case. It would be guess work for the Defendant to attempt to defend or admit the claim without further details being forthcoming from the Claimant.
3: In order to ascertain precisely what the claim is for, on the 7th May 2014 the Defendant requested inspection of documents (as allowed under CPR 31.14) mentioned in the claimant’s statement of case namely the Agreement, Terms and Conditions, the Termination and the Assignment.
4: The Claimants have failed to supply these documents other than a notice of assignment [exhibit A] from Lloyds TSB to Marlin Financial Services Ltd dated XXXXXXXXXXXX.
5. On the 7th May 2014 the Defendant made a request for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 .
6. The Claimant has failed to respond to this request.

7. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
8: The Claimant also has not provided the Defendant with any statement of account so the Defendant may ascertain how the alleged debt may have accrued.
9. It is denied that the original creditor, Lloyds TSB Banking Group, served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

10. The Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the documents requested. The Claimant has had plenty of opportunity to do so since issuing the claim against the Defendant on 30th April 2014.

11. The Defendant avers that the Claimant has not complied with s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

20.3. Therefore, the Claimants Claim should be dismissed.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………
Dated

[Guest]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Number 7 the sanction for none compliance is 78(6) I believe not (4)

[Amethyst]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Yip you're right, s77 is 4 s78 is 6 xx Thanks Andy Last line needs changing to 78 from 77 too. ( done)

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

My part 18 request was for Statements of account showing the date of the last payment made into this current account.