Court Claim - Marlin Europe II Limited / Lloyds - 30-4-2014

[Miami]

Received a claim? Yes
Issue Date: 30-4-2014
Amount approx: 21664.23
Claimant: Marlin Europe II Limited
Solicitor: Mortimer Clarke Solicitors
Original Credit: Lloyds

Particulars of Claim:
By an agreement between LloydsTSB ("LTSB" )& the Defendant on or around 10/05/2001
("The Agreement") LTSB agreed to issue the Defendant with a credit card upon the terms &condition 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 claimant on 28/11/2013
THE CLAIMANT THEREFORE CLAIMS:
1. 16534.84
2. Interest pursuant to section 69 of the county courts Act 1984, namely 4479.39 and continuing until judgment or sooner payment at rate of 3.62

Stat Barred? Yes

Have sent:

Other Info:
I wasn't aware of the claim till my local court issued CCJ 1/10/2014
Called Northampton to send me the above details.
Last payment in cash 2008 they claimed its 2010.
Default notice 2008 in the bank computer data only, which I didn't receive.
The bank sent me SAR upon my request to deal with debit 2013, with failure to allocate my original signed CCA .

I am grateful if you cast an eye into my case and your advice and help will be appreciated.

I am losing my sleep and very stressed, I was hoping that I will clear my debit with the bank after the SAR but unfortunately they sold to the above DCA.

Kindest Regards

[Amethyst]

Re: Court Claim - Marlin Europe II Limited / Lloyds - 30-4-2014

Hi Miami, Welcome We'll try help you all we can dealing with this.

So you have got a default judgment against you of £22k. You have got the court to send you copies of the original claim.

Are you wanting to look at setting the judgment aside and defending it ?

What was the original debt - is it a loan ? Could you give us a bit of background on the debt.

You sent a SAR in 2013 - did you send a CCA request then as well ?

Also last payment in cash ?? when in 2008 - it would need to have been before April to get under the statute barred point.

Sharon

[Miami]

Re: Court Claim - Marlin Europe II Limited / Lloyds - 30-4-2014

Received a claim? Yes
Issue Date: 30-4-2014
Amount approx: 21664.23
Claimant: Marlin Europe II Limited
Solicitor: Mortimer Clarke Solicitors
Original Credit: Lloyds

Particulars of Claim:
By an agreement between LloydsTSB ("LTSB" )& the Defendant on or around 10/05/2001
("The Agreement") LTSB agreed to issue the Defendant with a credit card upon the terms &condition 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 claimant on 28/11/2013
THE CLAIMANT THEREFORE CLAIMS:
1. 16534.84
2. Interest pursuant to section 69 of the county courts Act 1984, namely 4479.39 and continuing until judgment or sooner payment at rate of 3.62

Stat Barred? Yes

Have sent:

Other Info:
I wasn't aware of the claim till my local court issued CCJ 1/10/2014
Called Northampton to send me the above details.
Last payment in cash 2008 they claimed its 2010.
Default notice 2008 in the bank computer data only, which I didn't receive.
The bank sent me SAR upon my request to deal with debit 2013, with failure to allocate my original signed CCA .

I am grateful if you cast an eye into my case and your advice and help will be appreciated.

I am losing my sleep and very stressed, I was hoping that I will clear my debit with the bank after the SAR but unfortunately they sold to the above DCA.

Kindest Regards

Dear Sharon,

Many thanks for the prompt reply, sorry I do work long hours excuse the delay of my post.

Yes, I am looking for Set aside and defend it, but I was so worried that I sent the N244 without statement or draft defence!!! till I looked to your godsend website then contacted the court to let them know that I am sending the relavent papers.

It's credit card debit.

I sent a SAR and in the letter I asked for the credit card agreement which they have clrearly mentioned they couldn't find it as an old data.
There was PPI which I didnt claim.

I was paying since 2007 and early 2008 as far I can remember. how to prove my last payment ??
can you help me please to write witness statement and draft defence?


Many Thanks again and Kind Wishes.

Mai

[Amethyst]

Re: Court Claim - Marlin Europe II Limited / Lloyds - 30-4-2014

Hi, Of course, there is some guidance http://www.legalbeagles.info/forums/...lication-notes to get you started.

You do need to send a CCA request http://www.legalbeagles.info/forums/...y-of-Agreement

For your last payment - did you get transaction lists with the SAR response ?

if you can get hold of copies of your bank statements from early 2008 you should see when you last made payment, otherwise you could send a SAR to Lloyds to get transaction lists on the account, or indeed contact Lloyds and ask them for your last statement of account, especially if you have never paid a DCA anything towards the debt. Does a default date show on your credit file ?

You could also defend on the point of the PPI as you haven't reclaimed it, IF you can demonstrate it was missold. For what reason do you believe it was missold ?

Also - what did you put in your setaside application - would you be able to post a copy or type out what you put in the 'what order are you asking for' and evidence boxes please.

[Miami]

Re: Court Claim - Marlin Europe II Limited / Lloyds - 30-4-2014

Hi, many thanks for your reply and the guidance which I have followed.

I am sending a CCA request to Marlin today.

I did receive transaction list, where no transaction shown prior to August 2007. I was making my payment toward the debit Jan 2007 for 6 months as per the bank advice ( I have the bank correspondence letter), payment by cash.
There are transections dated 2008 -2010 of payments which I don't recall making.
I never paid DCA at all.
I believe, I had a default notice back 2006, as my financial problems started after 2003, I was paying the bank the minimum payment for almost 3 years.

There is a default notice in my credit file only in Equifax dated 2010 which I haven't received !!!!!!. In the SAR router account I have noticed entry for default notice dated 21/08/2008 !!! Which I haven't received either.....

PPI was undoubtedly missold, as no explanation was given to me.

I put the following in paragraph 3 ( to set aside the court judgment issued against me as I was not aware of the claim until last week. I will need time to collect evidence to defend my self taking into account the original debit is very old.)

Please advice me if you need to see any documents.

Your further advice will be very appreciated.

Miami

[Miami]

Re: Court Claim - Marlin Europe II Limited / Lloyds - 30-4-2014

Hi Sharon,

just to let you know the update;

Received a reply from the court giving the date of hearing 23Jan 2015 and to submit my witness statement and a draft defence by 1st Dec 2014, it's a bit of relieve to me so far.

I will follow your valued guidance link you sent to write the above. I am taking my time to get my head around it and I am less panic than before.

Might need some help reviewing it once finished prior to submission.

Miami

:doggieyes: