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Marlin / Mortimer claimform - alleged Egg debt
sit down replied to sit down's topic in Financial Legal Issues
Thanks for your help but I've read loads of threads, helped people on benefit threads and donated cash to the site, something most users don't bother to do. Can you explain why the claim is stayed? Is it something to do with the dates?- 46 replies
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Marlin / Mortimer claimform - alleged Egg debt
sit down replied to sit down's topic in Financial Legal Issues
Right, I put in a statute barred defence. Mortimer Clarke solicitors have replied (dated 10 November) that "The six year limitation period runs from the latest date on which : 1.A payment was made towards the debt ; or 2. The agreement was terminated ; or 3. You acknowledged the debt in writing. We are instructed that in this case the cause of action accrued when the agreement was terminated on 04/09/2010. Therefore proceeding were issued within the 6 year limitation period, and so the claim is not statute barred." Is this thing about when the agreement was terminated a real reason for not being statute barred? Surely if that was the case creditors could just not terminate the agreement on delay it indefinitely after the last payment? What do I do next? I am still unsure the original agreement was even compliant but was advised in this thread to defend on statute barred rather than requesting copies of the agreement through CPR.- 46 replies
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Marlin / Mortimer claimform - alleged Egg debt
sit down replied to sit down's topic in Financial Legal Issues
Sure I'll do that. Cheers. Should I get contact from MCOL or the claimant re my defence and what's the timetable now it has been submitted?- 46 replies
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Marlin / Mortimer claimform - alleged Egg debt
sit down replied to sit down's topic in Financial Legal Issues
I've taken your advice and filed the SB defence. Thanks so much for your help. Nice one. What happens next?- 46 replies
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Marlin / Mortimer claimform - alleged Egg debt
sit down replied to sit down's topic in Financial Legal Issues
I want to cover myself incase it is not SB. Can I request cca and documents then say in defence that documents were not forthcoming / were incorrect but I believe it to be SB anyway?- 46 replies
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Marlin / Mortimer claimform - alleged Egg debt
sit down replied to sit down's topic in Financial Legal Issues
ok. I want to request default notice, assignment letter and cca from Marlin. How do I do this?- 46 replies
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Marlin / Mortimer claimform - alleged Egg debt
sit down replied to sit down's topic in Financial Legal Issues
Not done anything yet Dotty. How should I be doing it?- 46 replies
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Marlin / Mortimer claimform - alleged Egg debt
sit down replied to sit down's topic in Financial Legal Issues
Not dared look at my credit file for years. What's the significance?- 46 replies
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Marlin / Mortimer claimform - alleged Egg debt
sit down replied to sit down's topic in Financial Legal Issues
Sorry letter was end of 2009. Can I do a SAR at this point or should it be a CPR request? I'm concerned time is ticking away before court deadline.- 46 replies
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Marlin / Mortimer claimform - alleged Egg debt
sit down replied to sit down's topic in Financial Legal Issues
Also should I be requesting CPR documents in any case?- 46 replies
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Marlin / Mortimer claimform - alleged Egg debt
sit down replied to sit down's topic in Financial Legal Issues
I ceased payments July 2009 but wrote to them at the end of 2009 explaining I had lost job and asking for help. Got no reply. Will this not count as the last time I acknowledged the debt and therefore the start of the statute barred period. Or is the statute barred clock started from when I last made a payment?- 46 replies
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Marlin / Mortimer claimform - alleged Egg debt
sit down replied to sit down's topic in Financial Legal Issues
Correct but I did write to them at end of 2009 which I suppose counts as me acknowledging it?- 46 replies
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Marlin / Mortimer claimform - alleged Egg debt
sit down replied to sit down's topic in Financial Legal Issues
Name of the Claimant Marlin Date of issue – 14/10/2015 What is the claim for – 1.By an agreement between Egg Banking plc & the Defendant on or around 05/11/2002 ("the Agreement"} Egg Banking plc agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was assigned to the claimant on 31/01/2013. 2.THE CLAIMANT THEREFORE CLAIMS 1, 11358.87. 2. Interest pursuant to section 69 of the County Court Act 1984, namely 5011.56 & continuing until Judgement or sooner payment at the rate of 2.49." What is the value of the claim Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? pre 2007 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. Marlin Were you aware the account had been assigned – did you receive a Notice of Assignment? unknown Did you receive a Default Notice from the original creditor?unknown Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?unknown Why did you cease payments? ceased payments around July 2009. Around this time I wrote to Eggicon explaining job lost and asking for help. No reply received so requested CCA. Unsure of validity of CCA provided so since then have not acknowledged debt. Marlin demanded payment in Februray 2014 so I asked them for CCA. Nothing forthcoming. What was the date of your last payment? july 2009 Was there a dispute with the original creditor that remains unresolved? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? . Thanking you in advance of any help you can provide. Andy has helped me with a different creditor claim a couple of years ago for which I am eternally grateful. Cheers.- 46 replies
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Marlin / Mortimer claimform - alleged Egg debt
sit down replied to sit down's topic in Financial Legal Issues
Hi folks, I have received a Northampton County Court claim form dated 14 October 2015 for an alleged debt to Egg. I CCA'd Egg in 2010 and they provided an agreement which I was unsure about so I have since maintained the position that I do not acknowledge the debt . Marlin wrote to me in Feb 2014 and I replied with another CCA request. They produced no documents. Now I have this claim form. It says : "By an agreement between Egg Banking plc & the Defendant on or around 05/11/2002 ("the Agreement"} Egg Banking plc agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was assigned to the claimant on 31/01/2013. THE CLAIMANT THEREFORE CLAIMS 1, 11358.87. 2. Interest pursuant to section 69 of the County Court Act 1984, namely 5011.56 & continuing until Judgement or sooner payment at the rate of 2.49." What do I do now? Please help.- 46 replies
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Halifax & Bank of Scotland contact details
sit down replied to jonni2bad's topic in Halifax Bank and Bank of Scotland
ICO gives an address in Edinburgh but Halifax's privacy statement gives the Chester address already mentioned above. Now I'm even more confused. Any definitive answers?
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