Cabot/Marlin/Mortimer unknown claimform - stayed since 2013 - old lloyds loan

[Steven_Brown]

I have just received a letter from Mortimer Clarke stating that they act on behalf of their client Marlin Europe II Limited

 

asking for details of my financial circumstances for a debt that they say a county court claim was issued on April 2014.

 

It also has a claim number at the top of the letter and if I don't respond they will lift the stay and request Judgement.

 

I have never had any claim form for this debt and I have logged on to MCOL and there is nothing on there with that claim number.

 

I also went on to my credit file and it says the debt they are talking about is with Cabot for a different amount.

 

I'm not sure what to do.

[renegadeimp]

ASkt hem to prove it as you have no knowledge of any debt or court action.

 

regarding judgement, check trust online.

[dx100uk]

so they say the claim is stayed?

 

so theres NO CCJ

its not been judged yet.

 

I gather you've moved and not told your creditors?

 

backdoor claimform

[renegadeimp]

Ahhi missed that part. They cant just lift a stay. They need to have a good reason to. They dont.

[Steven_Brown]

I haven't changed address, I was with a DMC in 2010 and Lloyds didn't respond to any CCA requests and the debt was assigned to Marlin in January 2014, I haven't had any other letters since then until this one today.

[dx100uk]

then where did the claimform go then?

 

 

something smells.

[Andyorch]

Ahhi missed that part. They cant just lift a stay. They need to have a good reason to. They dont.

 

They can make application to lift the stay..nor do they require good reason.....we have had stayed claims lifted as old as 4/5/ years

 

Andy

[Steven_Brown]

I have never received a claim form for this debt. and there is nothing on MCOL either. Should I ring the county court?

[dx100uk]

Do you know the claimform number?

[Steven_Brown]

Yeah it has a claim number at the top of the letter.

[dx100uk]

...

[dx100uk]

scrub that I meant:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?441388-Shoosmiths-Cabot-claimform-old-Lloyds-Loan***Claim-Discontinued***

[Steven_Brown]

I've just been looking through my noddle report and the balance jumped up by £2600 in may 2014 and has been increasing £50 - £70 a month ever since.

 

 

I was still with a DMC then so I can only think that they dealt with the case.

 

Can I get details of the case from the courts?

 

I last made a payment on this account in may 2011 and defaulted June 2011.

[dx100uk]

who was the DMC?

 

 

yes if you have the claim number ring northants bulk and ask for a copy of the claimform

[Steven_Brown]

The DMC was first step finance unfortunately, I will ring the courts in the morning.

[dx100uk]

first step finance were struck off by the FCA in 2014

http://www.consumeractiongroup.co.uk/forum/showthread.php?219311-First-step-Finance-2014-FCA-say-STOP-ALL-PAYMENTS

 

 

so I would assume all paperwork went to them.

and was totally ignored as they didn't exist anymore when they claim was raised

so hence you wouldn't have know a scoobies about it.

 

 

IMHO the claimant should have then contacted you directly

as it was well known in the DCA industry at the time.

 

 

try it on

which is why they've never progressed it futher.

 

 

dx

[Steven_Brown]

I have just been E-Mailed the Particulars of the claim and they say that the claim was acknowledged on 03/05/2014 but nothing else submitted after that.

[dx100uk]

So they were struck off after they did AOS

 

Ask the court if you can file a defence now

[Steven_Brown]

Sounds that way, do I need to send cca request to marlin?

The court says I can file my defence and to submit it as soon as possible.

 

Im not sure what defence to submit as I have not requested a CCA or CPR 31.14 and I am not working to a deadline.

 

The court said that they can lift the stay any time and it will go straight to judgement.

 

I am worried that if I contact them to request these documents that they will just go ahead and lift the stay without my defence.

 

The letter from Mortimer Clarke I received says that if I don't respond with there request within 14 days then they will contact the courts to lift the stay.

[dx100uk]

so the lift is going to happen anyway!

 

 

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

i'll find a defence

 

 

5 mins

[dx100uk]

post up the POC please

[Steven_Brown]

Thanks DX, I will get them typed up this afternoon.

[dx100uk]

copy the poc here please

you need to file a defence that's the important thing at present

[Steven_Brown]

Name of the Claimant ? Marlin II Europe Ltd

 

Date of issue – . 30/04/2014

 

What is the claim for –

 

1. By an Agreement Between Lloyds TSB ("LTSB") & the Defendant on or around 15/05/2008 ("The Agreement")

LTSB agreed to loan the defendant monies under the terms & conditions set out Therein.

2.In breach of the agreement the defendant did not pay the instalments as they fell due & the agreement was Terminated.

3.The Agreement was assigned to the claimant on 28/11/2013.

The claimant therefore claims:

1. £9000

2. Interest pursuant to section 69 of the county courts act 1984,

namely £2000 & continuing until judgment or sooner payment at the rate of 1.95

 

What is the value of the claim? £11500

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan account

 

When did you enter into the original agreement before or after 2007? after

 

Has the claim been issued by the original creditor or was the account assigned

and it is the Debt purchaser who has issued the claim. assigned

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no

 

Did you receive a Default Notice from the original creditor? no

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments? started a DMP

 

What was the date of your last payment? june 2011

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? yes

[dx100uk]

Thanks I'll pop one up later with their email to file it by