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Hopster

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Everything posted by Hopster

  1. Hopster

    Hopster v Egg

    Will do - thank you - thank you.
  2. Hopster

    Hopster v Egg

    Thank you for responding. I will advise if and when I get a reply - in the meantime I havereceived yet another letter frm Marlin hreatening further steps. I will try and post any reply to the SB letter - (not sure how to do that !)
  3. Hopster

    Hopster v Egg

    No-one interested ? Oh dear.
  4. Hopster

    Hopster v Egg

    I have now sent the SB letter - is anyone interested in any reply that I my get from Marlin ?
  5. Hopster

    Hopster v Egg

    I am sorry that I have been with my eye "off the ball" for too long but now I am back. I cannot see anything in the letters from the solicitors acting for me that could be described as an acknowledgenment of a debt. I have still not sent a staute barred letter but have printed ne out this evening. Since our last communication I have now received yet another letter from Marlin, this time from Marlin Financial Services "this debt has been passed to us to recover etc" the previous letters were all from Marlin Capital Europe Limited - so it looks as if the action now starts for real. I hate to think of how much interest I would have to pay if I went to court and lost - doesn't bear thinking about - even tho the CCA appears to be a re-constituted one the solicitors have advised that the judge is more than likely to find for the claimant. I think that the Staute bared letter cannot do too much harm in the immediate future - at least Marlin may come back and say why they don't agree. In the meantime I am fielding regular phone calls from them. Have you an opinion for me to digest ? Best wishes Hopster.
  6. Hopster

    Hopster v Egg

    Thank you - May I address this early next week - just off for weekend break ?
  7. Hopster

    Hopster v Egg

    Did not intend to mddle anything - I thought that eferred to a 5 year period when the 6 year period should apply - sorry.
  8. Hopster

    Hopster v Egg

    With the greatest of respect Brigadier you and the Site team are not singing off the same hymn sheet re. SB. Site Team - Would you agree with this ?
  9. Hopster

    Hopster v Egg

    2009 is the date on the crdit file
  10. Hopster

    Hopster v Egg

    No - I did not make an offer to settle the debt - that was another case that I am sruggling with ! I repeat I did not make an offer to Marlin/Egg/Barclaycard. Sorry for the mix up. The only payment made ws for an SAR for which I didn't receive an answer. What is the best way of putting the onus on them to show that it is not SB ? Is there a standard letter on the forum somewhere ? Thx again
  11. Hopster

    Hopster v Egg

    bad spelling - rather bad typing ! wh is where
  12. Hopster

    Hopster v Egg

    Sorry - what is removed and wh plese ? Do you think that I should send marlin a Statute Barred letter in view of previous messages between us ?
  13. Hopster

    Hopster v Egg

    I have just checked and there is a default date on my record of about half of the balance dated March 2009. Is this of any signifiance ?
  14. Hopster

    Hopster v Egg

    Default notice from Egg dated August 2008. I don't know if there is anything diffrent on my credit file - I will see what I can find.
  15. Hopster

    Hopster v Egg

    yes - Marlin - received a letter from them in August 2014 demanding outstanding amount. Prior to this an identical letter in February 2014 and prior to that one in August 2013 Incidentally I did NOT send an offer in May 2011 as I had originally thought (see earlier message). I am tempted to send them a statute barred letter. The only payment to them was £10 SAR request which was never answered. so is anyone actually chasing you? dx
  16. Hopster

    Hopster v Egg

    The agreement was arranged on the computer - nothing signed as such. I ticked the box to comply.
  17. Hopster

    Hopster v Egg

    The beginning of 2006 is when the agreement with Egg started. it has gone around the wrekin with several Debt Collectors since it was terminated (with 161,000 others) in 2008.
  18. Hopster

    Hopster v Egg

    1. Now with Marlin 2. Yes 3. I don't know 4. Yes. the solicitors sent one and received 2 reconstituted copies of my CCA which are not identical. The solicitors are no longer on the case. The reconstitued agreement supplied by Marlin appears to have been constructed using theinfo/data supplid by me when applying for the card. This might be good enough if you take the case of Carey v HSBC where a reconstituted agreement satisfied the court apparently. The solicitors that were acting for me reckon that if the reconstituted agreement were to be placed before a cout it is possible that the court would find that Marlin had complied with section 78 request and that the agreement in enforceable - this brings int play court costs and INTEREST. !!
  19. Hopster

    Hopster v Egg

    I thik that I may have stuffed myself = in May 2011 I offered a figure in settlement of the" alleged" debt = I didn't admit to the debt but wanted to end the matter once and for all. ?
  20. Hopster

    Hopster v Egg

    Thank you for creating this thread for me. Hopster
  21. ims21 can you resend your message of 23.13 pm last night re. Statute Barring please ?- it has disappeared from the site together with my message to you.] Thanks Hopster
  22. Hopster

    Hopster v Egg

    I asked a firm of solicitors to take on the Marlin/Egg set up to see whether the Credit Agreement was unnforcable or not - letters to Marlin for example asked for a true copy of the CCA which they failed to supply. It appears that i now have two choices - to pay up or engage in settlement negotiations or do nothing and wait to see if they enforce the agreement that I had with Egg the outcome of which is likely to be that the judge finds for marlin which will then include interest etc. Statute Barring may be an answer - where can I find the definitive description of Satute Barring. Can you please explain why the other stuff I mention has no bearing on SB ? Thanks
  23. Hopster

    Hopster v Egg

    I need clarity on Statute Barring and if I can get it I will be hugely grateful ! The Creditor or his agent has contaced me mases of times during the last six years, I have never admitted the debt and have ony made a payment of £10 for SAR which I didn't get. I have made contact thro' a solicitor but have never admitted the debt - any ideas ?
  24. I AM NOW GETTING CONFUSED.COM Vould te site team please advise re. Statute barring ? When does it come into play please ?
  25. Limitation (Statute Barring)is from the date when you first received a written demand of the repayment of the debt. Liitation will expire 6 years aftr the demand was made. Section 6 of the Limitation Act 1980 states that section 5 will not apply to contracts like CCAgreements except where a demand in writing for repayment for the debt is made by or on behalf of the creditor. Where such a demand is made the cause of actio to recover the debt is deemed to have accrued on the date on which the demand was made. Section5 states that an action founded on siple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. In order to ascertain when the limitation period for a claim for repayment of the debt by Marlin expires we need to know when we all first received a written demand of repayment of the debt. Limitation wil expire six years after the demand was made. Does the Site Team agree ? URGENT.
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