thetinman UE Diary

[thetinman]

Re: thetinman UE Diary

Thanks I will get it sent tomorrow

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.

[Pixie]

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.

[thetinman]

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.

Isn't this a rerun of what they said last year? Did you receive anything back from your SAR request?

[Pixie]

Re: thetinman UE Diary

Isn't this a rerun of what they said last year? Did you receive anything back from your SAR request?

[thetinman]

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.

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.

[thetinman]

Re: thetinman diaries

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

[Never-In-Doubt]

Re: thetinman UE Diary

Great. Thanks - clearly misread it

[PlanB]

Re: thetinman diaries

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

[Never-In-Doubt]

Re: thetinman diaries

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!

[thetinman]

Re: thetinman diaries

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.

[PlanB]

Re: thetinman diaries

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

[PlanB]

Re: thetinman diaries

the 14 day deadline is the 15th dec, it was just a 25,000 personal loan not related to a together mortgage, when they sent the last copy of my cca to me recently they said they only had a true copy of the cca and not the original if that means anything.

Thanks for clarifying things. By a "true copy" they mean a reconstituted copy of the original which they don't have. They're allowed to do that as long as the recon is honest and accurate.

I can now see that you only recently sent a CCA request (Sept 2015). What letter did you send Marlin in response to the CCA they sent you? And did you reply to the October letter from Marlin?

I would definitely send the LBA Response template letter which you will find here > http://forums.all-about-debt.co.uk/s...l=1#post495044

There's a paragraph in it about your CCA request which you may need to edit out (delete) if Marlin has already complied with your request.

I don't know how much is still outstanding on this Northern Rock personal loan which started out as £25k but it may make sense to send them (NR not Marlin) a SAR request at this stage so you are ahead of the game if legal proceedings do get issued. Hopefully not but let's be proactive

The SAR template letter is here > http://forums.all-about-debt.co.uk/s...l=1#post495040

Don't hesitate to post up any questions you may have and we'll do our best to answer them

Plan B x

[thetinman]

Re: thetinman diaries

What is the date on that letter from Mortimer Clark solicitors?

When does the 14 day deadline expire?

How much is this debt?

If it's a Northern Rock personal loan was it related to a Northern Rock "Together" mortgage ?

Depending on your answers you may need to send a new CCA request (previous one sent in November 2013?) or the LBA response template letter or both.

Plan B x

Hi the 14 day deadline is the 15th dec, it was just a 25,000 personal loan not related to a together mortgage, when they sent the last copy of my cca to me recently they said they only had a true copy of the cca and not the original if that means anything.

[PlanB]

Re: thetinman diaries

received a letter from Mortimer Clark Solicitors, saying they have been instructed by there client to start court proceedings against me if I do not respond to their letter within 14 days

What is the date on that letter from Mortimer Clark solicitors?

When does the 14 day deadline expire?

How much is this debt?

If it's a Northern Rock personal loan was it related to a Northern Rock "Together" mortgage ?

Depending on your answers you may need to send a new CCA request (previous one sent in November 2013?) or the LBA response template letter or both.

Plan B x

[thetinman]

Re: thetinman UE Diary

Recorded Delivery!

Thanks will do.