Me v Marlin Europe I Limited in the county court business centre

[mhopps]

Hello

 

Just looking for some advise regarding a county court claim letter received today

 

Issue Date 03/06/2014

 

Particulars of claim

 

Claimant's claim is for the balance outstanding under a Bank account facility Clydesdale bank plc trading as Yorkshire bank ("CYRB") agreed to maintain for the defendant. it was a term of the Bank account that any Debt balance would be repayable by the Defendant on demand. Despite a demand the defendant has failed to repay the amount due. The debt was assigned to the claimant on the 18/09/2009

 

The claimant therefore claims

1) 626.79

2) Interest 350.51

 

The current account was opened probably in the 90's as a school savers account then later transferred to myself probably at sixteen.

 

From my understanding this was completely paid off in 2010 but can't prove it as now 4 years on i have no statements or any details regarding that account

 

What is my next step?

[The Mould]

Hello

 

Just looking for some advise regarding a county court claim letter received today

 

Issue Date 03/06/2014

 

Particulars of claim

 

Claimant's claim is for the balance outstanding under a Bank account facility Clydesdale bank plc trading as Yorkshire bank ("CYRB") agreed to maintain for the defendant. it was a term of the Bank account that any Debt balance would be repayable by the Defendant on demand. Despite a demand the defendant has failed to repay the amount due. The debt was assigned to the claimant on the 18/09/2009

 

The claimant therefore claims

1) 626.79

2) Interest 350.51

 

The current account was opened probably in the 90's as a school savers account then later transferred to myself probably at sixteen.

 

From my understanding this was completely paid off in 2010 but can't prove it as now 4 years on i have no statements or any details regarding that account

 

What is my next step?

Your next steps in this matter would be as enumerated below.

 

1. File the Acknowledgement of service back to issuing Court, stating your intention to Defend all of the claim. Send by Royal Mail Special Delivery.

 

2. Send the Claimant your CPR Pt 31 r.31.15 letter requesting that he provides you with a copy of the Notice of assignment mentioned in his Particulars of claim (and any other document mentioned therein). Send this letter as above. Note: CPR = Civil Procedure Rules; Pt = Part

 

3. Send your Subject Access Request (fee is £10) to the original Bank and request copy of all personal data held thereby. Send this letter as above. The Bank has 40 days to comply.

 

4. Start drafting your Defence against this claim. When complete, ensure that you file it to Court on time. 14 days to Acknowledge claim, then another 14 days to file Defence, plus add a further 5 days for posting = total 33 days.

 

5. Research & study all relevant law and CPR as much as you are able to.

 

6. Update here as and when applicable.

 

 

If I have left anything out, I am certain that many other fellow Cag members will come on board and help you with this matter.

 

Godzilla

Kind regards

The Mould

[The Mould]

Sorry, by the way, also request a copy of the Demand.

 

Godzilla

 

Kind regards

 

The Mould

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account