Reston solictors - Court Claim

solojedi

Hi Everyone,

Hope this is the right place to post, just after some advise if someone would be so kind.

I received a debt letter from Marlin Debt collectors about 8 months ago, informing me that I owed them just of £5,000 orginally owed to NRAM in 2006. I do not recall this debt and contacted the company for further information (Proof of Debt and original agreement) , they sent me a signed agreement from Egg in now (5 days ago) recieved a letter from Restons who are making a Court claim against me for £5000.

I was thinking about completing the acknowledgement slip so I get a further 14 days to build a case and then disputing it and going to court. However the court claim form advises trying to resolve the issue outside court if possible and come to an agreement, Is it worth calling the solictors or Marlin and advise them I do not know about this debt or should keep everything in writing and inform them i do not acknowledge the debt and its over 6 years old which can not be enforced any how or am I incorrect in thinking that?

Will the letter I sent them asking about the debt mean that I have acknowledged the debt and am now liable to pay it?

Also should I write to the solictors or Marlin ?

Would be most grateful for any comments / help anyone can offer.

Thanks


P.S. I have checked my credit report and can not see any mark or mention of the debt.

FireWyrm

The statute barred clock starts from the last time there was acknowledgement or payment towards the debts...so, what was the last date this happened? If it is more than 6 years ago (and it isnt a mortgage), they can go whistle for payment, it is stat-barred.

fatbelly

Concentrate on the court process - they have initiated it and the clock is ticking.

You must put in a defence - 'It isn't my debt, they haven't explained it and it would be statute barred anyway' doesn't need a lot of dressing up. But if you need extra time, as you say, acknowledge service first.

Asking for proof of a debt does not count as acknowledgement.

spacey2012

It is 6 years commerce debts such as loans, catalogues and 12 in Mortgages.
If it is more than the required years since you made any acknowledgement of the debt you should select defend full claim and file a defence of statute barred.
However they often invent fictitious payments that cause confusion so a sworn affidavit often goes a long way in swaying the judge.

You must ONLY deal with the court now, forget the creditor, forget the solicitor, concentrate on defending and deal directly with the court or you will get a CCJ, statute barred or not.
Defending is the only way to avoid.

solojedi

Hi,

Thank you very much for your helpful replies.

I did go to see the local CAB office who have advised I need to speak to oneof their debt advisors and have booked me in for the 28th, I did ask to be seenearlier but that was the only appointment they had,

The Court claim is dated the 10.3.14 , the gentlemen I spoke to said I wouldstill have enough time to defend the case and was not aware of statute barredand said I would best speaking to the debt advisor.

I will acknowledge the service online, should I wait to see the debt advisoror put in a full defence now and simply state - 'It isn't my debt, they haven'texplained it and it would be statute barred anyway' would that be sufficient?

I know Spacey advised not to contact the solicitors and only the court, I amjust concerned that when I have to go to court I will not have any supportingevidence to defend the case.

Is worth sending a letter – see below? Or is the onus on the solicitors toprove the debt is mine, I am pretty surethey can produce a signed agreement as I do recall being sent one some time agobut with any explanation or when the last payment was made.

Also in reference to producing a sworn affidavitwhat should it say?


1. IN THE xyz county court
CLAIM NO:


BETWEEN:

XXXXXXXXXX

Claimant

and

XXXXXXXXXXX

Defendant

PART 18REQUEST FOR FURTHER INFORMATION

To: XYZ (claimant)

I have received a recent court claim from your organization.In order to file a defence and counter claim I require some information. Giventhat this matter is now the subject of legal proceedings, you are obliged todisclose under the Civil Procedure Rules, the information and documentsdetailed below.

The information must be furnished within fourteendays of the receipt of this letter. If you fail to comply, this will bereported to the Court, a copy of this letter will be provided as evidence tothe same and an Order enforcing your compliance will be sought.

1. Please provide a copy of statements showing the date of the last paymentmade into this account

[INSERT OTHER QUESTIONS HERE IF RELEVANT]

Yours faithfully

fatbelly

If this is Northampton court, and the issue date is 10 March, then it is deemed to be served on 15 March and you need to respond by 29 March. As that is putting a lot of pressure on your adviser to respond instantly, I agree that it would be best to acknowledge service online ticking that you intend to defend the claim in full.

It would also give time for the claimant to respond to your letter - which seems OK to me - though my guess is that they will ignore it.

So you are saying that you recognise it as yours but that it is statute barred. What kind of account was this? Unsecured loan?

solojedi

Thanks for the reply fabelly

- I have now emailed the county court after speaking to them yesterday as there online service was not working.

- I do not recognise the debt but think they did send me a contract after I requested further information about the debt, it was a long time ago and maybe getting mixed up with another debt, - but think the contract they sent refferred to a Egg credit card.

I am looking through my paper work to see if I can find anything.

fatbelly

Then in addition to

1. Please provide a copy of statements showing the date of the last payment made into this account

why not add

2. a copy of the signed agreement compliant with the Consumer Credit Act 1974

and if they mention any other documents like a notice of assignment or a default notice or a letter before court claim, ask for those too

solojedi

Hi,

Sorry for the delay my response. I am sending the letter below to the solicitorstoday, Is this advisable? I was informed by citizen advice that even asking forinformation regarding an account can be deemed to be accepting liability forthe amount due! Which is a bit confusing.

They also advised me to submit the statement below in reference to theparticulars of the claim as a defence which I would like to do today. Any hepwould be most appreciated.

"The Claimant claims payment of the overdue balance due from theDefendant under a contract between Northern Rock Asset Management plc dated onor about (09/10/2006) and assigned to the claimant on 24/08/2013 in the sum of£5,900"

The response I have been advised to submit is the as below, Is this enoughof a defence at this stage?

In the Northampton County Court
Marlin Capital -v-
Claim Number:


7/4/2014

Dear Sir/Madam

CPR 18 - REQUEST FOR INFORMATION

I have received a recent court claim from your organisation. In order to file adefence and counter claim I require some information. Given that this matter isnow the subject of legal proceedings, you are obliged to disclose under theCivil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of thisletter. If you fail to comply, this will be reported to the Court, a copy ofthis letter will be provided as evidence to the same and an Order enforcingyour compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditionsthat applied to the account at the time of default and at the time the accountwas opened. True copies of any notice of assignment and default notice orenforcement notice that you or the original creditor sent me, with a copy ofany proof of postage that you hold.

1.1 If copies of any of the above documents are to be relied on in court ratherthan originals, a copy of the Notice of proposal to adduce hearsay evidencerequired under s2(1) of the Civil Evidence Act 1995 together with proof of theauthenticity of the document(s) as required under s8(1)(b) of the Act,including but not limited to:

(a) a copy of the procedure(s) used for copying, storing and retrievingdocuments
(b) a copy of the relevant log entry showing the time and date of the scan orcopy, the name of the member of staff making the copy, the method used forcopying, storage and retrieval and time and date of destruction of the originaldocument(s)
(c) copies of internal and external audit reports covering the entire periodfrom the date of the copy to the present to demonstrate that the procedureshave been complied with
(d) copies of Quality Assurance accreditation certificates covering the entireperiod from the date of the copy to the present to demonstrate that theprocedure(s) and audit process(es) comply with the appropriate qualitystandards

2. All records you hold on me relevant to this case, including but not limitedto:

a. Where there has been any event in my account history over this period whichhas required manual intervention by any person, I require disclosure of anyindication or notes which have either caused or resulted in that manual intervention,or other evidence of that manual intervention in relation to my accountformerly held with Marlin

b. Documents relating to any insuranceadded to the account, including the insurance contract and terms and conditions,date it was added and deleted (if applicable).
c. Details of any collection charge added to the account; specifically, thedate it was levied, the amount of the charge, a detailed financial breakdown ofhow the charge was calculated, and what the charge covers.
d. Specific details of the fees/charges levied by any other agency in respectof this account and a detailed breakdown of said fees/charges and what eachcharge relates to and on what date said fees/charges were levied.
e. Copies of statements for the entire duration of the credit agreement.
f. The Deed of Assignment
g. Evidence of securitisation in the UK
h. The termination

3. Any other documents you seek to rely on in court.

I will require this information within the next fourteen days. I must adviseyou that if the information is not forthcoming, it will be reported to theCourt that you are trying to frustrate proceedings and denying me theopportunity to file a defence and counter claim.

Yours sincerely,

solojedi

Really in need of some advise ASAP - please anyone?

rizla_king

Would probably be your best bet for help http://www.legalbeagles.info/forums