Marlin Claim Form - old NRAM +£10k loan*** Settled by Tomlin Order***

[Hardy12]

Hi,

 

we received a form from Northampton CCBC on 9th April, form dated 4th April.

 

Its for a personal unsecured loan with Northern Rock

 

the PoC states

 

The Claimant claims payment of the overdue balance due from the Defendant(s)

under a contract between the Defendant(s) and Northern Rock (Asset Management) Plc

dated on or about xx/05/2007 and assigned to the claimant on xx/08/2013

in the sum of xxxx.xx (Over £10k)

 

 

PARTICULARS a/c no: xxxxxxxxxxxxxxxx

 

 

DATE ITEM VALUE

10/02/2014 Default Balance xxxx.xx

Post Refrl Cr NIL

 

 

TOTAL: xxxx.xx

 

 

I'm sending the CCA1974 request to the Claimant Marlin asap

 

I've read in another very similar post that a CPR31.14 is not appropriate as the PoC is too vague.

 

Is there anything else I can do?

 

We're pretty sure this isn't statute barred although it wouldn't be far off.

 

Should I send a SAR to NRAM?

 

The only other point is that we're sure the date of the original contract dated on the PoC is out by a good year.

 

Would that have any bearing?

 

Thanks

[Hardy12]

Hi,

 

If anyone on the site is available to help it would be really appreciated.

 

This has been causing a lot of sleepless nights since it turned up.

 

The claim form was dated 4th April so I calculate I have until 7th may to submit a defence.

 

The section 77 request has been sent.

 

As the PoC mentions no other documents apart from a contract

 

i'm considering sending a CPR 18 which i have drafted but it is a bit of a catch all document at the moment.

 

I have also drafted a SAR but I'm not sure there will be much benefit sending it

 

So my questions are should I send a CPR 18 and should it be catch all document

asking for information on every possible aspect?

 

Apart from researching non stop is there anything else I can do while I prepare my defence?

 

Thanks

[AndyOrch]

Hi Hardy and welcome to CAG

 

If you could run through the following sticky and add any points you have not already posted and detailed advice will follow.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

Regards

 

Andy

[Hardy12]

Hi Andy,

 

Here is the extra info as requested

 

There is no mention of section 69 interest but the default balance includes substantial fees which have not been listed

 

The claim is for a loan account

The PoC states the original agreement is after April 2007 although we believe this is out by a year although we have nothing to validate this

 

We have no records on the assignment or Notice of Default, or Notice of Default sums. That doesnt mean we didnt receive them but i cant say either way.

 

We dont think this is SB as some payments were made but more fees were being added on than we were paying off. Subsequent bad health meant this became the least of our worries but now it is back to the top again!

[citizenB]

Ok, well your timeline is as follows..

 

Issue date 4th April 2014 + 5 days for service = 8 April 2014 + 14 days to acknowledge = 22 April 2014 + 14 days to submit defence = 6 May 2014

 

The POC is deliberately vague - they do not mention a default notice or if they have complied with Pre Action protocol.

 

The only items you could request via the CPR31.14 would be the Statement of account showing how the claim value has been assessed/accrued.

The agreement and the Notice of Assignment.

 

I have attached a CPR part 18 draft below for you. Please, please do not send it as is.. it is an example only. Do not go on a fishing trip with this either. You can only ask for information.. so you need phrase your questions carefully.

 

IMHO, you need to know whether a Default Notice was issued - when, for what amount and did it give you the required remedy period of 14 days from receipt. Do they have either a genuine copy of or a record of this on their files.

 

When was the last payment made to the account.

 

What default/penalty charges/administrative fees have been included in the figure their claim is for and are they able to provide a breakdown of these.

 

If you want to draft something out, and let us see it before you send it, we can ensure you dont go off course !

 

[ATTACH=CONFIG]50183[/ATTACH]

[Hardy12]

Hi,

 

I have drafted a CPR 18. Can i send this and a CPR 31.14 or would that be over doing it? The CPR31.14 would only discuss Statement of Accounts and Notice of assignment as i have sent a CCA.

 

Do i send these documents to the Claimant's solicitors who have raised the claim?

 

Regards

Hardy

Edited April 14, 2014 by Hardy12

[citizenB]

Hi,

 

I have drafted a CPR 18. Can i send this and a CPR 31.14 or would that be over doing it? The CPR31.14 would only discuss Statement of Accounts and Notice of assignment as i have sent a CCA.

 

Do i send these documents to the Claimant's solicitors who have raised the claim?

 

Regards

Hardy

 

I dont see any reason why you cant send both letters

 

Yes, both need to be sent to the Solicitors named on teh Claim form - send at the very least by Recorded Delivery, but if you can afford it send by Special Delivery.

[Hardy12]

Just a quick question. I know there is no obligation to respond to to CPR request but is there an obligation to respond to a CCA request?

 

Thanks

[citizenB]

Just a quick question. I know there is no obligation to respond to to CPR request but is there an obligation to respond to a CCA request?

 

Thanks

 

 

In theory, yes to satisfy an s78 request (CCA) they should respond within 12 working days + 2. You should receive

 

A copy or truthful reconstruction of the agreement

terms and conditions from both inception and either at default or current. If they have varied the terms within the relationship, you should receive the variations as well.

statement of account showing how the balance outstanding has accrued.

[Hardy12]

So what happens if they just dont respond?

[AndyOrch]

So what happens if they just dont respond?

 

They are in default and unable to enforce said agreement

[Hardy12]

Ok, so Marlin are being annoying. They sent back my CCA request saying the postal order wasn't made out to them. I'm not sure what was stopping them filling it in and they are clearly stalling for time. I've sent it back, made out as they have requested but does that reset the 14 days?

[AndyOrch]

No they can send it back as many times as they wish the clock started from the date of your request.

[Hardy12]

Had a reply from the Sols re the CPR 31.14 and CPR 18 requests.

 

For 31.14 they have stated that the documents I have requested aren't mentioned in the POC and therefore 31.14 doesn't apply.

 

For the CPR 18, they've quoted part 18 saying "a request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the case he has to meet"

 

They've then asked:

 

We therefore invite you to provide full details of why you require the information you have asked for and how you expect this to assist you in preparing/ understanding the case.

 

In the CPR18 I asked:

 

Was a default notice issued?

When was the last payment made?

How has the default sum accrued?

 

So what now?

[AndyOrch]

Just submit a defence that's as vague as their particulars and put them to strict proof...the court will then direct full disclosure.

Dont forget they still have to get around the section 78...which they cant respond as they have above.

 

Andy

[Hardy12]

Would bankruptcy be a viable alternative? I have no assets and no house and no way of ever paying this off in my lifetime?

[AndyOrch]

Try to defend it first.

[Hardy12]

Hi Andy,

 

A signed CCA has now been supplied. How does this impact on my defence?

[AndyOrch]

Does it contain all the prescribed terms/statement and Terms and conditions?

[Hardy12]

It looks like it to me.

[Hardy12]

Hi all,

 

Just a quick update. I submitted a defence by the deadline and no response was received so the case is currently stayed. What are the chances of the Sols coming back to us on this one. From reading other threads I know the Sols in question let all defended cases get stayed and then at a later point go for a summary judgement but how long are they allowed to string this out for? I have prepared bankruptcy forms in the meantime.

[Hardy12]

Hello all,

 

I have update on this case and would like the advice of the good people of CAG.

 

We have now come to a settlement with the claimant via a Tomlin Order. The Tomlin order has been sent to the court at Northampton and I phoned them today and they advised it has now gone to the District Judge and it will be 5-6 weeks before we get directions from the district judge in writing. This is all fine but the Tomlin order has a payment deadline for the settled sum of this Friday. Northampton has advised us to ignore this and not pay anything until we receive directions from the judge but I'm very confused as surely we have signed and therefore agreed in writing to make payment by this Friday. The Tomlin order states that the claimant will be entitled to obtain judgement should we not pay by Friday.

 

When I spoke to Northampton they said this was nonsense anyway because as its stayed there is a bar on obtaining judgement so the claimant would have to apply to the judge to lift the stay.

 

That all makes sense and the gentlement I spoke to at NCCBC was very knowledgable but what is worrying me is that I don't have any of that conversation in writing but I do have a signed Tomlin order to make payment by this Friday. Obviously I could just make payment but if the judge then dismissed the Tomlin order I would be in trouble in that respect as well. Any advice please on how Tomlin Orders work?

 

Thanks

[AndyOrch]

The Tomlin has not yet been sealed by the court Hardy...so its start date is irrelevant...and also as the claim is stayed.The Sols will be aware of the same.5 weeks is an awful long time to seal the consent.Ring the Sols and just agree a fresh start date.

 

Regards

 

Andy

[Hardy12]

The Tomlin has not yet been sealed by the court Hardy...so its start date is irrelevant...and also as the claim is stayed.The Sols will be aware of the same.5 weeks is an awful long time to seal the consent.Ring the Sols and just agree a fresh start date.

 

Regards

 

Andy

 

 

Thanks Andy

[AndyOrch]

If you could confirm when all this is settled Hardy and we can amend your thread title to reflect the outcome.

 

Regards

 

Andy