Hi Craftygirl - See my other thread rec. court paper from Marlin (I think you are already linked into that one)

This is my thread. I kept it quite minimal as you never know who reads this stuff;)..............

Just an update. Marlin were given another months grace hence the delay.........but just had a letter arrive a few days ago from Mortimer clarke stating that they had discontinued their action against me:), and enclosed the letter they sent to the court confirming this:). The reasoning was the court gave them until the end of this month to find CCA and more importantly default notice and nothing can be found by Sainsbury. So a big THANK YOU to all who helped me with this.......One last question. Now I have won am I entitled to claim my fees back for all the work I put into this, I appreciate it did not get to court but I must have sent over 6 letters backwards and forwards during the time. I know this might sound a bit greedy but they wanted 2000 quid for their fees if they won !!!! Once again Many thanks Laccal

So are you saying if they terminated the account and sent it to Marlin without correct or actual default then they can not try and reclaim the balance. I ask as i am currently paying these people via payplan. If i win the case or if it is struck off how or more importantly are they entitled to anything. I am trying to pay all my debts (hence payplan) but this company have been awkward (thats the polite word;)) since they bought the account over a year ago. So if their payment can go to others who have treated me fairly then i will remove them from my plan!!

How important and/or significant is a default notice. I am currently being taken to court by Marlin. So far they do not have a correct CCA (But that’s another story) and on their letter they are still waiting to receive the default from Sainsbury (this has been going on for about 3 months). The court has now given them until the end of this month or the case is thrown out but my questions are; If one is produced how can I tell it was served and/or issued correctly and not just made up to fit what they need. Can a default notice be backdated and re served if they cannot find their original documentation. Where do I stand if they cannot produce the said default or it was incorrectly served? Does the account have to go back to Sainsbury or what!!

Good luck and if i could offer any advice it would be to read this forum daily to keep up to speed with others good and bad experiences as if this goes to court you will need all your wits about you The lady at the court said that many companies say that they are trying to neg. with the def. hence why they want longer but actually its just a way of getting more time to prepare their case and to gather the paperwork

I did not send directions. i just sent the AQ. It appears common practice with Marlin to request more time, then its hit or miss on if they decide to fight the case and pay the fee, obviously i am hoping for the struck off bit!!!

Just an update. Rec a letter from the court saying that unless Marlin complete AQ by 13 March and pay fee then claim is struck off Then next day Marlin send me the exact same batch of paperwork as before, letter is dated 26th Feb and they now give me 7 days to pay Should i reply to their letter (tempted to outline their lack of paperwork) or just wait to see if they go to court.

Thats good news. It also means Marlin have a shorter amount of time to find the docs ....and they have already managed to 'p' off the judge so early on:eek:. Good luck, and well done so far

Same here!! Mine was a Morgan card BUT Crapot never knew that and presumed it was a Goldfish Card, Thats how clever these people are!! I also never rec. anything from Morgan!! (or goldfish;-)) I await someone with more knowledge than I to state if this is correct or indeed legal just in case this ever goes to court

I am also getting these letters and i pay via payplan. I contacted them because I have an agreement with them and have been paying well over a year and this started to panic me as I knew they were gettin the money, but all of a sudden they started the letters re default, termination, etc After phoning them,they said that Goldfish never defaulted the account so by law they are now doing it, although they are happy to acccept the proposed payments they have to default it as goldfish did not do the job properly. I did say to them shouldn't Goldfish be doing this but they said something about a law change in Oct and it needed to be done by them.

Spoke to a very helpful lady at the court who managed to answer all my questions and took the time to explain what could or could not happen. Her honest answer was it does not mean that much, its up to the judge. She said yes it could look bad for Marlin but their arguement will be that they were trying to resolve the issue with me so then that would look good for Marlin. (hence the does not mean much comment). It depends on the Judge some are quite ..... umm:rolleyes: whats the word..well i suppose the polite word is strict and would not give the stay due to Marlins disrespect to the court whereas the others just tick the box and give them the stay!! She also said the stay bit normally means Judge will give Marlin 4 weeks then poss. another further 2 before setting a court date if required!!.... So i am presuming Marlin have about 6 weeks to find my original CCA (although they think they have it with an application form) and probably more important to them the Default letter........ but saying that i am sure there are to be a few more twists to come

Just a quick update. spoke to the county court this morning. Marlin have asked for a 'stay'.........They did not submit their AQ and sent a letter after the date required for the AQ requesting a stay. It went up to the Judge yesterday and now just have to wait. I am a little narked that they did not get their AQ in on time (I obviously did) but they can still write to the court a week later expecting a stay (Also after speaking to the court they will probably get it as well)

What did you put in Order of defence as i did not send one of those!!! I just filled the AQ (Most of the AQ was imho aimed at the claimant not the defendant).....or did i miss something:eek:

I also sent the AQ and just last week rec. the letter from Marlin (with the other bits - s/ments copy of application and an unsigned cca) offering me a chance to settle it for lump sum of 7000 or 150 month, which was nice of them:-|. They said that the above stuff will be disclosed to the court if the matter proceeds to a fast track trial. No one (yet) has told me that they have applied for a hearing. Did you contact your local court or the Northampton number re the 'stay' as i have rec nothing from my local court so far and presume that until Marlin get their hands on the default letter then its in limbo. Did Marlin send you anything else with the letter like statements etc

Did they send the case to your local county court and when did you find out abount the stay

Thanks, This company has been a burden since taking on my card. All my other creditors are fine (as they are all paid via payplan). I just want these people to prove that they can (or hopefully can not) LEGALLY enforce it. The reason i am going to town on this is they keep on about the fact i am a home owner and eventually if they win will want to secure debt on my property!!!!

Thanks for replying. I sort of got that this company will say anything to frighten or confuse people. I am in no doubt that they will turn up at court and try the same. I just hope that the fact they no CCA or default notice is accepted by the Judge and he/she is not bamboozled by this companies tactics

Bumped as getting close to Marlins 10 day deadline

OK, pls stick with this as Marlin have requested a court hearing and sent me the following. LETTER (IMPORTANT EXTRACTS BELOW) ‘You have stated in your defence that the agreement is not an enforceable agreement as it does not comply with the prescribed terms required under s.60. However the credit agreement is not required to provide the amount of credit as this is a credit card agreement which is a running account credit agreement under sect. 10 of the consumer credit act 1974. The provisions that apply to a fixed sum loan agreement do not apply to running a/c credit agreements. Your contention therefore does not assist your defence as the agreement is enforceable. Furthermore you have made numerous payments to Marlin towards the outstanding balance and our clients believe that the payments made are a clear admission of your liability. You did not at any point dispute the balance until we issued County court proceedings. Our client is therefore of the opinion that the request for docs which is over 8 years old is merely an attempt to frustrate the court proceedings. These facts will be disclosed to the court’ We can also confirm that a copy of the default notice has been requested from the original creditor and will be supplied upon rec. OK.... THEY ALSO ENCLOSED THE FOLLOWING APPLICATION FORM (signed by me and Sainsbury but no prescribed terms as this is on the reverse and they cannot find the original CREDIT AGREEMENT (an unsigned copy or duplicate of an agreement. Not signed by me or them!! STATEMENT OF PAYMENTS TO MARLIN (sent via pay plan) NOTICE OF ASSISGNMENT DATED ....... 08 Phew. Now some questions!! Any observations and/or comments re their letter. In my opinion still no CCA and the application is showing a different account number to what was purchased. I think way back Sainsbury upgraded my card and transferred the balance to the new one. Should a new CCA HAVE BEEN SIGNED THEN OR CAN THEY JUST CHANGE THE ACCOUNT NUMBER AT ANY TIME??? Either way the application does not (imho) amount to a CCA Also to proceed through court apart from the obvious CCA I was under the impression they also needed the correct default notice. Is this true? Finally – The main reason this is being contested is that I want them to prove they can legally make a judgement on me, but does me making payments to them prove anything in their favour. I thought they still needed the cca regardless of making token payments or not. My argument for this is Originally Sainsbury agreed to these payments then they sold it on so I just continued. I am not disputing that a had a card I am just disputing that Marlin do not have the right to CCJ me for it Sorry for the long post. What do people think and should I reply to Marlins above letter (if so any pointers) Right off to have a well earned coffee my last one went cold whilst typing this !!!!

I have just rec. a letter from Northampton court confirming 'notice that a defence has been filed' and enclosing an allocation questionaire which must be in by next week and telling me that the case has been transferred to my local court!!!! is this normal, i have had no paper work (or anything) back from Marlin re all my questions in my defence. does this mean Marlin are actually taking me to court with no evidence or is this standard that the case goes to a local court but remains pending until they submit anything..............and why do i need to fill the allocation questionaire in such a tight timespan. sorry for the questions just want to see if anyone else has same problems or experience.....i am gettin a bit nervy now!! regards Laccal

It has now been over a month since i filed my defence and had the court acknowledgement. pls can anyone assist in what happens or what i need to do now

Sorry if it is a bit of a thickee question but obviously want the letter to be correct:confused: On the example used each paragragh is numbered, is this just used (which is what i believe) as a easy reference guide when answering or need to refer to each bullet point or have a missed something and this should be relating to something else regards Laccal

should i have sent the 31.14 rather than the one i sent and is the reply still on the same lines !!

this one!!