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Hi
Today I won my appeal against Marlin Europe II Ltd to set aside a CCJ (in default). The case has now been referred back to the small claims court for them to start the claim process from scratch in order to pursue a debt that they bought from Lloyds TSB in 2013 regarding a Loan agreement I had with Lloyds.
By way of background- I took out a loan agreement with Lloyds in 2007. I made payments monthly until I lost my job in 2010. The last payment to Lloyds was returned unpaid in September 2010. I have not made any payments to them or anyone else in relation to this loan since then. On 6th September 2017 I received a claim form from Marlin Europe II for the amount owing on the Lloyds debt. Stupidly, I ignored it, hence why there was a Judgment for Claimant (in default) made against me on 26 September 2017. I appealed against this decision and was today successful as I was able to show that I had real prospects of successfully defending the claim as I was able to show the court that I had not made any payments from my bank account since 2010, and therefore at the time they made the claim it was statute barred. The Claimant is relying on the fact that Moorcroft debt recovery allegedly made payments on my behalf to the debt in December 2011, which means it would not be statute barred. I have never had any dealings with Moorcroft and had not heard of them until these proceedings.
I instructed a barrister for the hearing (as I have been a litigant in person) who has told me to contact Moorcroft and ask them to send me any agreement that I entered into with them to pay the debt on my behalf, and proof of how I made payments to them.
Has anyone had to contact a debt recovery company they have never had any dealings with? and if so, what is the protocol as I do not have a reference number or anything for Moorcroft??
thanks
Today I won my appeal against Marlin Europe II Ltd to set aside a CCJ (in default). The case has now been referred back to the small claims court for them to start the claim process from scratch in order to pursue a debt that they bought from Lloyds TSB in 2013 regarding a Loan agreement I had with Lloyds.
By way of background- I took out a loan agreement with Lloyds in 2007. I made payments monthly until I lost my job in 2010. The last payment to Lloyds was returned unpaid in September 2010. I have not made any payments to them or anyone else in relation to this loan since then. On 6th September 2017 I received a claim form from Marlin Europe II for the amount owing on the Lloyds debt. Stupidly, I ignored it, hence why there was a Judgment for Claimant (in default) made against me on 26 September 2017. I appealed against this decision and was today successful as I was able to show that I had real prospects of successfully defending the claim as I was able to show the court that I had not made any payments from my bank account since 2010, and therefore at the time they made the claim it was statute barred. The Claimant is relying on the fact that Moorcroft debt recovery allegedly made payments on my behalf to the debt in December 2011, which means it would not be statute barred. I have never had any dealings with Moorcroft and had not heard of them until these proceedings.
I instructed a barrister for the hearing (as I have been a litigant in person) who has told me to contact Moorcroft and ask them to send me any agreement that I entered into with them to pay the debt on my behalf, and proof of how I made payments to them.
Has anyone had to contact a debt recovery company they have never had any dealings with? and if so, what is the protocol as I do not have a reference number or anything for Moorcroft??
thanks
