Court Claim Marlin/restons - Lloyds TSB bank account

[andmf]

Hi All

Today I got a claim form through the post from Northampton (CCBC) and I would appreciate some help with where to go next please.

 

The Particulars of Claim are as follows:

The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Lloyds TSB bank PLC

dated on or about 28/02/1986 and assigned to the claimant on 31/10/2012 in the sum of £1136.82

 

Particulars = A/C number

 

The Claimant is Marlin Europe II Ltd and the solicitors are Restons acting on their behalf.

 

I have not used this account since 2007/08 and would appreciate some guidance please - any help would be appreciated.

 

I'm almost 100% sure the entire balance is from bank charges on top of bank charges

 

Thnx

 

andmf

 

Oh if I'm in the wrong place could a mod please move

Edited February 19, 2013 by andmf

[cerberusalert]

Moved to the Legal forum.

[dx100uk]

start gathering info

have you got statements?

 

if not sar for them

 

1986!! blimey.

 

you need to find when your last financial transaction was

 

phone Lloyds and ask.

 

dx

[andmf]

thanks for that do I SAR Marlins or Lloyds?

[dx100uk]

lloyds but call them first thing to find out your last in/out

 

it could be statute barred

 

dx

[andmf]

OK just got off the phone to Lloyds - the guy on the phone said he had no access to my account and couldnt get any information whatsoever

I will send the SAR to lloyds tomorrow - anything further I need to do?

Forgot to mention earlier this is a bank account not card/loan if that makes any difference

Edited February 19, 2013 by andmf

[dx100uk]

strange

 

can you got into a branch with proof of ID?

 

sar could take upto 40 days, which might outrun your deadlines to follow.

 

dx

[andmf]

hmm cant do that until friday - I'll send the SAR anyway and call in on friday

[andmf]

I've looked on my credit file and it says my Marlin account started on 28/02/1986 and I was defaulted on 12/12/2008. OK I hold my hands up my Lloyds acct started in 1982 when I was 12 and I certainly havent had a default notice from Marlin!!!

[dx100uk]

when a debt is sold

the OC's name is replaced by the buyers name.

 

so it would have been lloyds that did it.

 

so going by that

 

typically a DN is sent within 6mts of the cause of action, none payment, so prob not sb'd.

 

dx

[andmf]

please not too many abbreviations my brain hurts already

[dx100uk]

to default you they must have sent a default notice

oc is original creditor

 

dx

[dx100uk]

sb is statute barred

[andmf]

Right, I've been into the branch this morning and they couldnt get any information on the account either. They did give me a form to fill in to find a lost bank account however this doesnt really help the current situation. To my thinking if the bank have no info on the account how could Marlin have or get any info on this account? Where do I go next?

[andmf]

The claim is dated 13/02/2013 so although I didnt get it until the 19th I am working on Acknowledging it on Friday 01/03. This will then give me 14 days to file my defence is this right?

I havent worked that one out yet - but I think I will work on the principle that they cant prove how the debt accrued for the time being

Any suggestions would be appreciated

Edited February 24, 2013 by andmf

[AndyOrch]

The claim is dated 13/02/2013 so although I didnt get it until the 19th I am working on Acknowledging it on Friday 01/03. This will then give me 14 days to file my defence is this right? Yes that's correct

I havent worked that one out yet - but I think I will work on the principle that they cant prove how the debt accrued for the time being

Any suggestions would be appreciated

 

 

 

Andy

[andmf]

Thanks for that Andy. Just a thought, if I send the CCA letter asking for the agreement and Marlins are unable to comply - where does that leave me?

[AndyOrch]

More of a case of were does it leave them.....trying to enforce an agreement without a copy of said agreement...they will have to disclose at Standard Disclosure before any trial date.

 

Regards

 

Andy

[andmf]

Thanks again for that Andy its just that in their POC they are ambiguous as to the contract date - Defendant under a contract between the Defendant and Lloyds TSB bank PLC dated on or about 28/02/1986 and assigned to the claimant on 31/10/2012

Do you think this is just another case of a DCA trying to get a Judgement by Default?

Should I send the letter or just wait until the proceedings begin?

[AndyOrch]

Proceedings have already begun andmf...hence your receipt of their summons.Unless you follow the strict timetable they will get default Judgment.

 

Have you acknowledged the claim?

[andmf]

Hi Andy not yet I was going to do that on Friday 1st March

[AndyOrch]

Make sure you do that on time and in the meantime request a copy of your agreement from the Claimant vis a section77/78.

If a current account a copy of the Facility Agreement &T&C,s

[eggyal]

The Particulars of Claim are as follows:

The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Lloyds TSB bank PLC

dated on or about 28/02/1986

 

OK I hold my hands up my Lloyds acct started in 1982 when I was 12

 

If you were 12 in 1982, then you would have been c. 16 "on or about 28/2/1986" when the agreement with Lloyds TSB was executed. I don't profess to know how this affects your case, but it may be that the agreement is voidable by you as a result. Hopefully others on here can advise.

[dx100uk]

god are they getting desp or what with this claim!

 

if its a bank account and this is bank PENALTY charges they have no hope i hell

 

the OC has no record of the account

 

there wont be a CCA for it -its a bank account.

 

what the hell are they relying upon for their claim?

 

dx

[andmf]

on the on or about date I was 15 yrs old I wasnt 16 for another 3 mths