Marlin/Restons Claimform - old Lloyd Loan 'debt' statute barred

[BankFodder]

Time probably ran from the first missed payment after june 2008

[dx100uk]

can you fill this out please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

they were prob referring to the BMW case...

 

 

dx

Edited December 22, 2015 by Andyorch
BMW

[Bazooka Boo]

SB then if the last payment was made June 08, surely?

[havinastella]

I think the OP will be hard pressed to win this on SB alone. The dates are really close for SB defence.

[myotai]

can you fill this out please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

they were prob referring to the BMX case...

 

 

dx

 

 

Hi,

 

I have already filled one of those out shortly after joining the group.

 

Did you mean 'BMW'?

[myotai]

I think the OP will be hard pressed to win this on SB alone. The dates are really close for SB defence.

 

Hi,

 

Thats not true - if its SB, its SB. They can't ignore the facts....much as they would like!

[Bazooka Boo]

I have already filled one of those out shortly after joining the group.

 

Where is it?

Do you have another thread on this then?

[myotai]

My original thread was here: http://www.consumeractiongroup.co.uk/forum/showthread.php?433112-Claimform-Marlin-Restons-old-Lloyd-Loan-debt/page9

 

It dried up though.

[havinastella]

Please keep to ONE thread

[havinastella]

Hi,

 

Thats not true - if its SB, its SB. They can't ignore the facts....much as they would like!

 

NO. The SB date would be when they could bring the cause of action. This is debated ALL OVER the internet and there is still no definitive answer. They could argue that the extra 3 months is within that time. I wouldn't like it to be my sole defence.

[myotai]

Please keep to ONE thread

 

Ok.

 

So to bump my update then..............

 

Hi,

 

I recently attended court regarding an application I made to have a claim form struck out.

Thats not really the reason I dropped in here though.

 

 

The reason I am is because in the midst of the procedings the claimants solicitor suggested that the Cause of Action for my particular case was as soon as the final payment WOULD have been due on the fixed term loan.

 

I am wholly unfamiliar with this and given this might be what they're relying upon in the final hearing I need some help refuting this.

 

Basic details are:

 

CCA Loan taken out with Lloyds in 2004

Defaulted Jan 2008

Arranged to pay reduced amount

Stopped ALL payments in June 2008 - no other contact/payments since.

Account closed by Lloyds Oct 2008

 

DCA via Solicitors brought their claim in September 2014

 

Thanks...

[myotai]

How would they argue that the extra three months is within the limitation period....if its not. That would be embarrassing for them to even contemplate.

 

I reckon we should have Christmas Day on the 29th Dec this year.... :D

[dx100uk]

4 threads merged and tidied

 

 

please keep to one thread regarding this claim/debt

[myotai]

Thanks,

 

So what do you think? I am back in court within a month and apart from several huge examples of Abuse of Process and breaches of the CPR I need a good angle to come at them from re their odd take on the date of the Cause of Action.

[havinastella]

Do they have the ORIGINAL paperwork? They need that!

[myotai]

No...they have very little. They eventually sent me the CCA and letter of Assignment. But no Default letter. However, they sent these a full year after bringing the claim. that in itself is a CPR breach.

[AndyOrch]

So who advised you to make application to strike out myotai ...that would appear to be your main error here ?

 

PS you cant breach the CPR.....you can fail to comply.

 

Regards

 

Andy

[myotai]

So who advised you to make application to strike out myotai ...that would appear to be your main error here ?

 

PS you cant breach the CPR.....you can fail to comply.

 

Regards

 

Andy

 

A Barrister

[AndyOrch]

And how did it go ? apart from the question of cause of action?

[myotai]

They also applied for my defence to be struck out.

 

 

Neither happened but we win the battle as they've been ordered to rewrite their claim with sufficient particulars this time.

 

 

The claim itself was woefully lacking ANY particulars including no Cause of Action

and didn't state that it was a CCA claim.

Non compliance all over the place.

[AndyOrch]

Well we are already aware of all that as we have been advising you for over 12 months...Im sure your Barrister will advise you through the final hurdle.

[myotai]

I don't have a Barrister. I said I was advised to request a strike out by a Barrister.

 

Do I detect a slighted tone. I'm sorry if you feel like that. I had tried to revive this thread a long time ago but nobody chipped in.

 

Have a good Christmas.

[Guest]

myotai

Basic details are:

 

CCA Loan taken out with Lloyds in 2004

Defaulted Jan 2008

Arranged to pay reduced amount

Stopped ALL payments in June 2008 - no other contact/payments since.

Account closed by Lloyds Oct 2008

 

DCA via Solicitors brought their claim in September 2014

 

when after you stopped payment did they then ask for the full amount outstanding under the loan. october 08 when they closed it?

[myotai]

I can't recall to be honest. I did request a SAR from Lloyds and there wasn't anything in there. Despite there being three reams of it!!

[Guest]

I can't recall to be honest. I did request a SAR from Lloyds and there wasn't anything in there. Despite there being three reams of it!!

ok.

it shld show in the sar info.

assuming thats when they asked for the full loan amount outstanding (thats when it seems to be done, upon closure), and it wasnt closed/demanded prior, then may just struggle with statute bar as it cld run from then. it cld though depend on the nature of that payment arrangement. and of course how a J sees things.