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  • #106
    Re: thetinman diaries

    Originally posted by thetinman View Post

    Type of account (loan)

    Date commenced. 2004

    Account owner. northern rock

    got this over the internet in 2004, they sent me a agreement in 2004 which I signed and it is the only original agreement I have a copy of which I kept for some sad reason, dont think its worth a cca check.
    Ive gone back to your original post on this NR £25k loan and I can see you've kept the original signed CCA following an online application. From what you've subsequently posted it seems that Marlin say they don't have the original so have sent you a recon.

    Why not email both the original CCA and the recon CCA to Niddy using webmaster@all-about-debt.co.uk and a copy to me using PlanB@all-about-debt.co.uk to see how/if they differ.

    Marlin may not have the original in their possession but I wonder whether they could get hold of it if they tried harder so let's compare the two now to help you see how strong your position is for the future.

    Your SAR from NR will let you know whether they have got the original but that can take 40 days to get a response.

    Plan B x

    Comment

    • #107
      Re: thetinman diaries

      Originally posted by PlanB View Post
      Ive gone back to your original post on this NR £25k loan and I can see you've kept the original signed CCA following an online application. From what you've subsequently posted it seems that Marlin say they don't have the original so have sent you a recon.

      Why not email both the original CCA and the recon CCA to Niddy using webmaster@all-about-debt.co.uk and a copy to me using PlanB@all-about-debt.co.uk to see how/if they differ.

      Marlin may not have the original in their possession but I wonder whether they could get hold of it if they tried harder so let's compare the two now to help you see how strong your position is for the future.

      Your SAR from NR will let you know whether they have got the original but that can take 40 days to get a response.

      Plan B x
      Thanks I will send the LBA letter and Sar NR today, I have already sent the cca to niddy who showed it to a solicitor who said it fails on several points, and niddy advised not to reply to their last letter, just wait and see what comes next, I will send the two letters off today and wait and see, thanks for all your help.

      Comment

      • #108
        Re: thetinman diaries

        Originally posted by thetinman View Post
        Thanks I will send the LBA letter and Sar NR today, I have already sent the cca to niddy who showed it to a solicitor who said it fails on several points, and niddy advised not to reply to their last letter, just wait and see what comes next, I will send the two letters off today and wait and see, thanks for all your help.
        The solicitor is Joanna - the same one who will look at this for you in due course. Please send us the claim and the CCA paperwork (PDF) so we can get working on things.

        Timing is of the essence, send us the claim (N1) and a pdf with the CCA info etc and then we'll get it to Jo today - sooner the better!

        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #109
          Re: thetinman diaries

          Originally posted by Never-In-Doubt View Post
          Please send us the claim and the CCA paperwork (PDF) so we can get working on things.

          Timing is of the essence, send us the claim (N1) and a pdf with the CCA info etc and then we'll get it to Jo today - sooner the better
          The OP hasn't got a claim yet

          They have until 14th December to reply to a LBA.

          With any luck they won't get a claim, at least not this side of Christmas.

          Plan B x

          Comment

          • #110
            Re: thetinman UE Diary

            Great. Thanks - clearly misread it
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment

            • #111
              Re: thetinman diaries

              Originally posted by PlanB View Post
              The OP hasn't got a claim yet

              They have until 14th December to reply to a LBA.

              With any luck they won't get a claim, at least not this side of Christmas.

              Plan B x
              yes thats what I am hopeing

              Comment

              • #112
                Re: thetinman diaries

                Hi all hope someone can help, I received a letter from mc solicitors saying we have reviewed the file ( after 12 months ) and sent me a set of copy documents ( same as last year ), credit agreement, terms & conditions, statement of account, notice of assignment, saying that there client feels that this satisfy the cca request made last year, and is clear evidence i am liable for the outstanding debt, they go on to say i have 14 days to put forward repayment proposals, and if i do not give a responce our client has instructed us to apply for a county court cliam, is there anything I can send to them.
                Originally posted by thetinman View Post
                northern rock

                Type of account (loan)

                Date commenced. 2004

                Date last paid. sept: 2013

                paying £1 token payment stopped in 2013

                Status (in arrears)

                Account owner. northern rock

                got this over the internet in 2004, they sent me a agreement in 2004 which I signed and it is the only original agreement I have a copy of which I kept for some sad reason, dont think its worth a cca check.

                Nov:2013 debt sold letter, Marlin europe v limited new owners.
                Dec 2013: sent cca request
                Jan 2014: recevied cca, niddy says unenforceable, because there are no prescribed terms on the agreement.
                Feb 2014: letter from marlin, referring to mortimer clarke solicitors to review and determine if legal action should commence.
                feb 2014:                 sent them cca query missing prescribed terms.
                March 2015:marlin new name letter.
                Aug 2015: received same cca.
                Aug 2015:                 sent them cca query missing prescribed terms again.
                Sept 2015: received same cca sent to niddy to check. niddy says unenforceable.
                Oct 2015: received letter saying account to be reviewed to see whether we should commence legal action.
                Dec 2015: received letter from Mc solicitors saying make payment arrangements within 14 days or they will start court action.
                Dec 2015: sent solicitors letter before action.
                Dec 2015: received letter from Mc solicitors action on hold while they request documentation from there client.

                Comment

                • #113
                  Re: thetinman UE Diary

                  Isn't this a rerun of what they said last year? Did you receive anything back from your SAR request?
                  Let your smile change the world but don't let the world change your smile

                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

                  • #114
                    Re: thetinman UE Diary

                    yes this is a bit of a rerun, the sar had nothing new, same old badly photo copied agreement, should i send something like cputr final responce or another letter before action, I feel I should send them some sort of letter in return.
                    Originally posted by Pixie View Post
                    Isn't this a rerun of what they said last year? Did you receive anything back from your SAR request?

                    Comment

                    • #115
                      Re: thetinman UE Diary

                      You're right not to ignore this letter, I think I'd send them the LBA again even though you've sent it before. I've sent more than one LBA to the same solicitors in the past.
                      Let your smile change the world but don't let the world change your smile

                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment

                      • #116
                        Re: thetinman UE Diary

                        Thanks I will get it sent tomorrow
                        Originally posted by Pixie View Post
                        You're right not to ignore this letter, I think I'd send them the LBA again even though you've sent it before. I've sent more than one LBA to the same solicitors in the past.

                        Comment

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