Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

[lancashirelass]

Hello, I am not sure where is best to post this thread. A claim form arrived today from Northampton CCBC regarding a debt that is borderline statue barred. I logged on to my 'check my file' account and can not match up the debt with anything that is showing. The debt is for just over £5000. (I believe this is important information as this changes the track it follows?)

I am at a loss as to how to deal with this as each case is individual so there is different advice.

I have replied to MCOl and requested more time as well as the acknowledgement.

Is someone able to advise me further please as this has happened at the worst possible time as I am just about to start my nursing degree. (Mature student!)

Thank you for looking.

[mystery1]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

The small claim track is now £10000.

Post up the particulars of claim.

Send a cca request and a 31.14 request is likely to be next.

M1

[lancashirelass]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Thank you for responding.

Particulars of the claim are agreement with Northern Rock (Egg originally?) for loan back in 2004. Default notice served by NOR, Agreement assigned to claimant (Marlin) on 28/10/2013

Claimant complied with sections lll & IV of practice direction - pre action conduct.

Claims just over £3000 and interest of just under £2000

(Are these threads watched by Marlin? Can they identify me from here?)

So including solicitors fee and court fee is now just over £5000

I will post request for 31.14 that I am using next. Thanks




I can not find the details of this loan on my credit files (Checkmyfile) There is details for an amount for that is more than this amount that I do not recognise.

I have so many letters about this from Marlin, Mackenzie hall, Arrow global. Nram and Northern Rock that my head is spinning.

[lancashirelass]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

This is the letter I am using, which I got of here, Thanks


Dear Sirs,

Re: Marlin Europe V Limited V *****
Case No: *******

CPR 31.14 Request

On *******I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:



1. The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The default notice Compliant with 87(1) of the Consumer Credit Act 1974.
3. The termination notice.
4. The notice of assignment.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or other marking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

[ploddertom]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Have you checked your credit file with the Credit Reference Agencies - Experian, Equifax & Call Credit. They are usually free for the first 30 days so don't forget to cancel, Noddle is completely free but may lag behind. Do you know when the last time you ever paid anything off this?

[ncf355]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Plodd,

LL states above that she used 'checkmyfile' - this gives herr all 3 CRA

[ploddertom]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Plodd,

LL states above that she used 'checkmyfile' - this gives herr all 3 CRA

Apologies as I don't usually dabble in debt, hadn't a clue what "checkmyfile" was.

[lancashirelass]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

However checking it hasn't enlightened me, as the information doesn't match up! It's down as more and with 1st Credit....and it's listed twice, like two separate entries. It can only be this debt!

Thanks Plodd for the suggestion anyway :-)

[lancashirelass]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

The two requests have gone off, so we will sit and wait. Thanks

[lancashirelass]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Hello,

The 28 day extension is up in a week days (Issued 6th March so that's plus 5 and extended to 28 due to A0S? Am I right?)

I have only had the response for the copy of the signed credit agreement (All seems correct), the default note and the notice of the change of agent. I still cannot match up the balance with the credit record as it is showing a default date of just over 6 years, But on a statement it shows a payment in the spring of 2009 of a token amount. So am I right that SB is not a defense.

Why is there a discrepancy between the credit record and documentation?



I did CCA them but have not had a response yet, so I can not check about the payment until it arrives.

What defense do I put if the CCA doesn't arrive in time?

Thank you for your help

[Amethyst]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Hi, the token amount payment that shows up, do you recognise this at all, does it tally with payments on your bank statements / card statements at all ?
It isn't unheard of for imaginary amounts to appear to keep the claim live when it would otherwise be stat barred.

[lancashirelass]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Hi Amethyst, Thanks for your quick reply. I do not have bank details going that far back to check. On the statement from NRAM is showing as a standing order and could have been made by us as I was still trying to pay. What worries me is the discrepancy between the statement and the credit record. The CR clearly shows a default date of Oct 2008 on Equifax yet July 2011 on Creditcall. With out the details of the CCA I do not know which is the right date!

Why is nothing matching up?? I thought the point of a credit record is to provide correct information!

[FlamingParrot]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Hello,

The 28 day extension is up in a week days (Issued 6th March so that's plus 5 and extended to 28 due to A0S? Am I right?)

I have only had the response for the copy of the signed credit agreement (All seems correct), the default note and the notice of the change of agent. I still cannot match up the balance with the credit record as it is showing a default date of just over 6 years, But on a statement it shows a payment in the spring of 2009 of a token amount. So am I right that SB is not a defense.

Why is there a discrepancy between the credit record and documentation?

I did CCA them but have not had a response yet, so I can not check about the payment until it arrives.

What defense do I put if the CCA doesn't arrive in time?

Thank you for your help

You say above you got a response about the copy of your agreement, presumably that was obtained in response to a CPR request to the solicitors as opposed to a CCA request to the creditor, is that correct?

The CCA request is for a copy of your credit agreement, i.e. the same document you refer to above. It's not a request for historical data where you could see when payments were made. That could be obtained via SAR or a Part 18 request but it looks like you wouldn't have time for either at this stage.

Hi Amethyst, Thanks for your quick reply. I do not have bank details going that far back to check. On the statement from NRAM is showing as a standing order and could have been made by us as I was still trying to pay. What worries me is the discrepancy between the statement and the credit record. The CR clearly shows a default date of Oct 2008 on Equifax yet July 2011 on Creditcall. With out the details of the CCA I do not know which is the right date!

Why is nothing matching up?? I thought the point of a credit record is to provide correct information!

Sadly that's not always the case. Your credit files are not a reliable source to establish statute barred status. What sort of details are you hoping to find out from the CCA that could help you with this? :noidea:

[lancashirelass]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Hi Flaming Parrot, Thank you for your reply. I was hoping for all the details from the company of my account. ( I sent a £1 for them) They state that they are going to send the requested information. I was hoping that it would prove that it was statue barred and that I could use that as a defense but I guess that the only avenue I have now it that they do not comply in time with the request for more information.

I am not in a position to pay this amount as I have just started Uni for 3 years and am a student again (Bursary income) I am a homeowner and that is what worries me now, I don't think they will accept £10 a month, I have 2 young children and a student husband too. I am worried that they will go for the jugular :-(

[Amethyst]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

''I am not in a position to pay this amount as I have just started Uni for 3 years and am a student again (Bursary income) I am a homeowner and that is what worries me now, I don't think they will accept £10 a month, I have 2 young children and a student husband too. I am worried that they will go for the jugular :-( ''


If it turns out the debt is correctly owed then you will be able to submit your income and expediture sheet and personal situation to the court and make an offer to pay of an affordable amount - sometimes they may ask for a charging order over your property. Charging orders are not the end of the world as so long as you keep up with your installment payments, and if they get too much, or your circumstances improve, you can go back to court to have them amended (and the creditor must go back to court to ask for any increase too so you are protected) they can't do anything to you and a Judge is very unlikely to order a sale of a family home with young children on a £5k debt. There's plenty of people who pay £20 a month on £7/8k debts and more so please don't let that stress you out too much. I understand the worry though as I have been there too.


You've done right in sending the CCA and CPR request - only you can decide if you want to fight them if you don't believe the debt is true and owing. If they have complied and your CCA is complaint then you might be better looking at making a negotiation either through court or out of court.

It'd be a good idea to post up the agreement you have received though (redacted) as it is pre 2007. Egg were pretty compliant though I believe, but worth a look at what you received.

In your defence you can always admit a debt but dispute the sums owing as you have had no breakdown and the last figure you recall was £XXX and are happy to make an offer to pay on that (like a partial admission). It does sound like we need to be thinking about putting a defence in (or admission and offer) as they have complied with the CPR request.