Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

[Amethyst]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Okay, and nothing back from that either. You can add that in the defence too then

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Ok I have copied and pasted, filled in and proof read the awesome defence you provided me with. I have not added in the bit about the part 18 yet though, as I do not want to screw it up with my awful grammer or spelling. Please tell me how I would phrase it?!

Also do I then copy it onto my defence online on gov gateway? or post it?

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Just been re-checking the defence:-
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.


I have two letters they sent me, both addressed to me (neither of which I have received in the past). One from lloyds notifying me of assignment to Marlin and one from Marlin saying the same. The lloyds one, looks suspiciously similar in format to the Marlin one as well. hmmmmmm. So would the above be correct? Also they both have the exact same date! hmmmmm

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Could someone help me? I don't mean to nag, but I need to get this done ASAP as time is nearly out, and I just need assurance that I am doing it right, its too much to risk messing up!

Many thanks.

[Amethyst]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Just been re-checking the defence:-
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.


I have two letters they sent me, both addressed to me (neither of which I have received in the past). One from lloyds notifying me of assignment to Marlin and one from Marlin saying the same. The lloyds one, looks suspiciously similar in format to the Marlin one as well. hmmmmmm. So would the above be correct? Also they both have the exact same date! hmmmmm

Yes that would be right, the NOA should come from Lloyds (Marlin have an agreement with Lloyds that they will send them out ) so you get a goodbye from lloyds and a hello from Marlin. Only need mention that you have received the NOA.

And fine to leave out the Part 18 bit, as it doesn't really apply. If it fits on the online form do that, if not you'd post it (or email it as an attachment to Northampton - email addy is on the hmcs site - you want the defendents one)

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Thank you, I will need to send it via post, as my scanner is not playing ball, so I cannot send a copy of the NOA.

Do I print out the blurb and attatch it to the form the courts sent me?

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Can I just send the defence in a letter/word format? Or does it need to be with the form filled in?

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Sorry another question, the part of defence - section 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.

The NOA has the card number on it, so would this not apply?

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Anyone? Gotta do this tonight!!!!

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Right, sorry to drag this old post up, but after 6 months of silence it has started again......


30th June 2014, I received a letter from HM Courts, saying that the acknowledge receipt of my defence and a copy had been served upon the claimant or solicitor. That the claimant may contact me direct to attempt to resolve any despute, and if it couldn't be resolves informally the claimant will inform the court that he wishes to proceed. The court would then inform me of what will happen. If claimant wishes to proceed they must contact the court within 28 day etc, after that period the claim will be stayed, and the claimant would then have to apply to the judge for an order lifting the stay.

I heard nothing since until today when I received a letter informing me they had a copy of my agreement, terms and conditions and statements for the credit card, stating the number of the credit card.

Two things have occurred to me on receiving this, apart from crapppppp.:tinysmile_cry_t:.
1. the application form and agreement, has the wrong address, it is the one the credit card was last registered to, not the address I was living at back in 2002, also my income is about £6000 more than I was earning at the time, bearing in mind that the sales guy at the bank filled it all in for me. Also it is a very bad copy, some parts I cannot read very well. It also has it signed on 31/08/2002, and then a stamp in two places with 05 AUG 2002!!!!!

2. The only statements I have are from 14 December 2007 to 17 October 2010,

It has occurred to me that it would seem to be that, according to the statements, I last paid £10 in March 2010....

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Basically am I screwed? I will have to file for bankruptcy if they win against me..:tinysmile_cry_t:

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

What would be my next move? Anyone? I don't have all the copies of statements, none of them even show any transactions, other than interest and odd payments. The CCA copy is hard to read and some of it seems to be missing. Not to mention the discrepancies already mentioned.

[Amethyst]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Evening Pat xx Gosh you've not been replied to for a while, so sorry. I'll just have a read back and see where we are at xx

[Amethyst]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Right don't panic, they still have to apply to court to lift the stay on the claim to carry on with it.

It doesn't sound like the copy they have sent you is compliant. You are correct it is important it doesn't have the correct address on that you had when the card account was opened. A reconstruction should be legible and should have the right information on. Any chance of scanning it in blanking out your details? also the accompanying letter ?

We can reply to their letter telling them the agreement is non compliant under the CCA and reminding them the claim is stayed and possibly that you intend to apply to strike out the claim.

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Thank you, managed to scan the letter, the CCA and the front page of the Terms & Conditions, which strangely has my current address on it?!

any information still seen is totally irrelevant to today, and are very old account numbers and mobile etc.