Phone details, more bank statements but they have more than enough info already.

Client is Marlin Europe V limited. Sols requested proof of CO from Marlin/Mortimer and on receipt of this made payment of all outstanding funds to them. They now refuse to pay the remaining amount to me even though they have acknowledged the amount owing and are requesting endless personal info. I have provided sufficient for them to make payment and won't be providing anymore but obviously I need these funds. dx-It's unfortunate that you don't believe me regarding the CO advice but this is where I came for assistance many years ago.

Correct

Marlin were assingned the CO from Northern Rock. I defended the CO with advice from on here. Marlin have withheld the funds owing for a month.

Apparently it does not work like that. Once the mortgage is paid remaining funds go to anyone else who has a claim to payment ie CO. (Law of Property Act sec 105 ) All remaining funds are sent to them to divest and anything left is paid to myself.

Following a repossession funds were sent to repay the amount owing for the CO. The remaining amount should then be paid to myself.

Having received funds to pay my charging order, Marlin owe me the outstanding amount but are refusing to pay claiming they do not have enough details about me to do so. I have provided everything I can and feel as though they are trying to get as much info as possible not just what is required. Should I now issue a claim as I have spent weeks sending them more and more info?

Thanks Andy

Comments on this defence please- 1. It is accepted that the Defendant entered into an Agreement referred to in the Particulars of Claim but is unaware of any balance outstanding to the Claimant. 2. With regards to termination of the Agreement it is denied that a Default Notice was received. The Claimant is placed to strict proof there of. 3. In light of 1 and 2 above the Defendant served a request pursuant to CPR 31.14 for disclosure of documentation that the Claimant seeks to form its case upon. The Claimant continues to deny relief to same. 4 The Defendant also made a request to the Claimant under s78 of the Consumer Credit Act 1974 for a copy of the agreement mentioned. 5 In reply to my S78 request the Claimant replied in a letter dated xx that "as there are no longer any monies outstanding to Santander Cards and the account is closed there is no obligation to supply this information". 6 By reason of the facts set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

No problem Andy

Hi Andy, could we construct a defence, if you are available, as I am not going to be here for a few days? POC Claimants claim is for the sum of £555 being monies due from the defendant under a regulated credit agreement under reference xxxxxxxxxx, The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to S87[1] of Consumer Credit Act 1974. The claimant claims the sum of £555 Respose to cca request was "as there is no outstanding balance on this account and it is closed there is no obligation to supply the information requested". No response from Sols to 31.14 [requesting agreement and DN] and no assignment involved.

Great stuff, thanks again.

Hi Andy, defence due 11th July.

So, a reply to the CCA request has arrived but no agreement is enclosed. This letter from Santander, who are named on the claim form, simply says- "as there is no outstanding balance on this account and it is closed there is no obligation to supply the information requested". Nothing from Sols yet in regard to 31.14.

Thanks Andy.