[CLOSED] - Continues in AAD+ Legal Section - Marlin ( Restons ) v Ashtanga

[Ashtanga]

Your AAD Forum Username

Ashtanga

Name of Claimant

Marlin

Name of Claimant's Solicitors

Restons

Claim Issue Date

8 September 2014

Who Signed the Claim Form?

The Solicitor Firm (i.e. Joe Blogs Solicitor)

How much is being Claimed?

Over £10,000

Have you Submitted the AoS Response?

Yes

If Yes, when was the AoS Submitted

-

Details of Claim

Hello everyone!

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


Went to court recently and despite having nothing in the particulars of claim other than an amount and an account number (literally thats all that was there) the judge has decided to afford them the opportunity to go and perfect their claim - nice! Apart from being woeful in terms of the lack of particulars, there were lots of examples of non-compliance with a plethora or CPR rules too - none of which the judge seemed bothered about. Even when they actually told the judge that they weren't obliged to give particulars...??

They have also come up with a brand new claim - not mentioned in their witness statement or skeleton argument that so far as they're concerned the Cause of Action would have been the end of the loan term if there was still monies outstanding...?

I am afraid the rationale for this escapes me! The last payment I made on that account and this was via an arrangement was in June 2008 - 6 years and 3 months before their claim.

All advice welcomed!

Cheers and Merry Christmas t you all!

[cymruambyth]

Re: Marlin ( Restons ) v Ashtanga - Issued 8 September 2014

Hi , I have alerted the legal team. It may be quiet but you will get help

[PlanB]

Re: Marlin ( Restons ) v Ashtanga - Issued 8 September 2014

Thanks you for your prompt reply.

Can you email me the original Claim Form (N1) and the amended POC in one PDF using PlanB@all-about-debt.co.uk with a copy to Niddy (Forum Owner Never-in-Doubt) using webmaster@all-about-debt.co.uk.

Can you also email your Defence and both WSs and both Skeleton arguments.

I'll explain how we can help you once I've got those. I've already alerted our solicitor to the situation.

Are you facing any court deadline?

Plan B x

^^^^ posted on your original thread http://forums.all-about-debt.co.uk/s...l=1#post544706

Let's keep everything on here for now.

Plan B x

[Ashtanga]

Re: Marlin ( Restons ) v Ashtanga - Issued 8 September 2014

^^^^ posted on your original thread http://forums.all-about-debt.co.uk/s...l=1#post544706

Let's keep everything on here for now.

Plan B x

Thanks,

They have 21 days to produce an alternative PoC - then I have a following 21 days to amend a defence. I'll send the docs asap! Am I assured of confidentiality? Sorry to ask but you know how sensitive this is :/

As a point of fact, they have only ever produced a barley legible copy of the Credit Agreement with no additional Terms and Conditions - I thought that would have been pivotal?

[Ashtanga]

Re: Marlin ( Restons ) v Ashtanga - Issued 8 September 2014

The following is what got me thinking re the copy of the CCA

Carey V HSBC Bank plc [2009] EWHC 3417 (QB) (23 December 2009)

"108. Accordingly, I conclude that Reg. 7 requires *a copy of the executed agreement in its original form *as well as a statement of the terms as they are at the time of the request."

"SUMMARY OF FINDINGS:

234.

(4). If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms."

[PlanB]

Re: Marlin ( Restons ) v Ashtanga - Issued 8 September 2014

They have 21 days to produce an alternative PoC - then I have a following 21 days to amend a defence. I'll send the docs asap! Am I assured of confidentiality? Sorry to ask but you know how sensitive this is :/

As a point of fact, they have only ever produced a barley legible copy of the Credit Agreement with no additional Terms and Conditions

Absolutely confidentiality assured. I also work with our solicitor. Anything sent by email will not be disclosed on the forum.

I'm glad you've been given permission to amend your Defence. We can help you with that

If you join AAD+ then we can move your thread to the private Legal Section http://forums.all-about-debt.co.uk/aad-members.php

Plan B x

[PlanB]

Re: Marlin ( Restons ) v Ashtanga - Issued 8 September 2014

The following is what got me thinking re the copy of the CCA

Carey V HSBC Bank plc [2009] EWHC 3417 (QB) (23 December 2009)

"108. Accordingly, I conclude that Reg. 7 requires *a copy of the executed agreement in its original form *as well as a statement of the terms as they are at the time of the request."

"SUMMARY OF FINDINGS:

234.

(4). If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms."

Did you raise legibility in your original Defence?

Email me a copy of the "CCA" which the Claimant disclosed to the court.

Have you previously sent a s.77 CCA request with the £1 statutory fee to Marlin or the original creditor (Lloyds) and if so email a copy of that too? If they didn't comply fully with your request then they cannot enforce the debt in court. End of.

Plan B x

[Ashtanga]

Re: Marlin ( Restons ) v Ashtanga - Issued 8 September 2014

Absolutely confidentiality assured. I also work with our solicitor. Anything sent by email will not be disclosed on the forum.

I'm glad you've been given permission to amend your Defence. We can help you with that

If you join AAD+ then we can move your thread to the private Legal Section http://forums.all-about-debt.co.uk/aad-members.php

Plan B x

Joined and paid!

[PlanB]

Re: Marlin ( Restons ) v Ashtanga - Issued 8 September 2014

Joined and paid!

Excellant. I'll get your threads merged and moved.

Plan B x

[Ashtanga]

Re: Marlin ( Restons ) v Ashtanga - Issued 8 September 2014

Excellant. I'll get your threads merged and moved.

Plan B x

Do you think we'll be able to do this in the timescales I have afforded to me?

[PlanB]

Re: Marlin ( Restons ) v Ashtanga - Issued 8 September 2014

Do you think we'll be able to do this in the timescales I have afforded to me?

Has the Claimant already amended their POC and if so what is the deadline for your amended Defence?

We can't do much more until you email the documents.

Plan B x

[Ashtanga]

Re: Marlin ( Restons ) v Ashtanga - Issued 8 September 2014

Has the Claimant already amended their POC and if so what is the deadline for your amended Defence?

We can't do much more until you email the documents.

Plan B x

I haven't had the amended PoC as yet - case was only on Monday.

[PlanB]

Re: Marlin ( Restons ) v Ashtanga - Issued 8 September 2014

I haven't had the amended PoC as yet - case was only on Monday.

In which case we have time to deal with this since your amended Defence isn't due until end of January.

Please send me all the documents asap so we can start work in earnest immediately after Christmas

Plan B x

[Ashtanga]

Re: Marlin ( Restons ) v Ashtanga - Issued 8 September 2014

In which case we have time to deal with this since your amended Defence isn't due until end of January.

Please send me all the documents asap so we can start work in earnest immediately after Christmas

Plan B x

Will do! Thanks for this, really appreciated!

Have a great Christmas...

[PlanB]

Re: Marlin ( Restons ) v Ashtanga - Issued 8 September 2014

Thanks for this, really appreciated!

Have a great Christmas...

You too

It's always a pleasure to help especially when Restons are the enemy.

Plan B x