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

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

    Received a claim? Yes
    Issue Date: 30-4-2014
    Amount approx: 13238.23
    Claimant: Marlin Europe II Limited
    Solicitor: Mortimer Clarke Solicitors
    Original Credit: Lloyds TSB

    Particulars of Claim:
    By an agreement between Lloyds TSB ("LTSB") & the Defendant on or around 01/07/1994
    ("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 Claimant on 28/11/2013. The claimant therefore claims:
    1. 13238.23
    2. Interest pursuant to section 69 of the County Courts Act 1984, namely 2947.92 & continuing until judgement or sooner payment at the rate of 2.90


    Stat Barred? No

    Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

    Other Info:
    I have received credit card statements from 2009 up until March 2011 from Marlin and a credit card application form which has clearly been tampered with. The account number is incorrect, it is dated 1994 and relates to an old credit card. The addresses on the application form are previous addresses - I have lived at my current addresss for 17 years and this is not on the form. There are two signatures on the bottom and one has been crossed through by the bank and states not required this relates to a MasterCard which they are supposedly chasing payment for!! The other signature relates to a Visa card but the statement of accounts relate to a MasterCard! To date I still have not received a notice of assignment letter either. Can I ask the court to throw this out for lack of evidence? If so what do I need to send? Thank you so much for all your help
    Tags: None

  • #2
    Re: Court Claim - Marlin Europe II Limited / Lloyds TSB - 30-4-2014

    Can we see the app form please ( redact your personal details)
    Any agreement must have your name and address as at the start of the agreement.
    They are going to need the actual agreement to enforce this.

    This should be formally rejected as not complying with the CCA request or CPR 31.14.
    Who sent the document Marlin or Mortimer Clark?

    Comment

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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