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Everything posted by Matheos95

  1. Hi guys been a while.... but this one is raising its head again or Mortimer Clarke are trying. Basically got a letter from them in July 2016 offering me a settlement figure of 75% discount of the total figure, which I of course ignored. Then 2 weeks ago just before I left for holiday got another letter from them which I will type:
  2. Hi again, If my calculations are correct and the day count includes weekends? Then time is up and nothing else has been received from the court or from Marlin/Mortimer and nothing has changed on MCOL what do I do now (if anything)?
  3. Question about how the court works out the 28 days? Say for example day 28 from court receiving a defence, what do they allow for post etc?
  4. Now I have a question regarding this. The debt was originally with Egg, their accounts were sold on twice I believe ending with Barclaycard. Now Egg no longer trades, but was obviously owned by Prudential which I believe the Canada Square address goes too. Regards claiming back any charges wheither PPI or other will it still go back as far as Prudential/Egg or to Barclays? TBH im more interested in ending this with a slim hope that I may be able to get the default removed (doubtful I know) but I do only have about 15+ months till it disappears.
  5. Just to update on my case, filed defence, defence sent to claimant, received letter from mortimer saying they are now taking their clients instructions and that this is now on hold till they hear back from them.
  6. Morning guys. Other than the return of the postal order and an acknowledgement to my other letter I have not recieved anything from either Marlin or the Solicitor so I have prepared my defence. Would someone be so kind and give it the once over to see if im looking ok? Cheers Guys Particulars of claim 1.By agreement between Egg Banking Plc ("Egg") and the defendant on or around last qtr of 1999 (says actual date) Egg agreed to issue the defendant with a credit card upon the terms & conditions set out therein. 2. In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated. 3.The agreement was assigned to the claimant on early 2013 (says date) the claimant therefore claims: 1. £xxxx.xx (the actual amount) 2. Interest in pursuant to section 69 of the County Courts Act 1984, namely £xxxx.xx & continuing until Judgement or sooner payment at rate of x.xx. Defence I contend that the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. I have held an account with Egg Banking PLC for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78. 2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act. 3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim. 4. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) Show how the Defendant has entered into an agreement with the Claimant; and (b) Show how the Defendant has reached the amount claimed for; and © Show evidence of service of a Default Notice and Notice of Sums in Arrears (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed. 6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Act 1974. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  7. Sorry another question do I fill in the postal order for Marlin or Mortimer also?
  8. Had the usual letter back from Marlin today re the CCA request: We write with reference to the above matter and confirm receipt of your letter and postal order for £1.00. However the postal has not been completed with the payee details, please amend the payee to Mortimer Clarke Solicitors and direct all correspondence regarding this account to them in future. Marlin. Question now is who and where do I send the postal order back? Thanks
  9. Hi guys sorry to bother but do I need to respond to Mortimer Clarke's letter or do nothing, also my last post above wondered peoples thoughts as this could possibly form part of my defence? Thanks
  10. I was just reading over my claim form again and noticed they have put in there "The Agreement was assigned to the Claimant on 31/01/2013" so I have checked my credit file as I am pretty sure Cabot tried to claim this before Marlin but dropped it for some reason. Now I have 2 entries one being Barclaycard (Egg) Date of default 4th March 2010, Default Satisfied Date 31/01/2013 when the status changed to DA debt assigned. Now Marlin obviously lodged a default against me and on the Callcredit history they didnt start reporting the default until June 2013, making it look like they are trying to claim from Jan to June when they weren't the company it was assigned too. Is this right or am I just reading things wrong?
  11. Hi Guys had a reply back from Mortimer Clarke Solicitors: Further to you letter dated 30/09/2014, we are taking our client's instructions in relation to your request and will come back to you as soon as we can. We confirm our client is willing to agree to an extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement. Your Mortimer Clarke Now I presume this is a standard reply, what should I be doing next?
  12. Congrats I have had the same letters as mine is egg/marlin too I have just acknowledged and sent off the usual requests. Can I ask what a consent order stands for?
  13. Yeah we know the day has to come but its still heartbreaking
  14. Letters ready to post tomorrow acknowledgement done thank you for your help on a crap day (had to have my dog put to sleep as well as **** from these people). Will update you with replies when I get them. Take Care xx
  15. Yeah sorry just checked the pre court threat I got on the 5th of this month has it. Thanks again.
  16. Many thanks Andy, oh final thing, I dont have anywhere the full account number for this old account would I be able to quote their reference number off the claim form?
  17. Sorry sounding thick but am I CPR & CCA'ing Egg/Barclaycard or Marlin?
  18. Name of the Claimant ? Marlin Capital Europe LTD Marlin House 16-22 Grafton Road Worthing West Sussex BN11 1QP Date of issue 25th September 2014 Submit defence by Cant see it but other poster who recieved same today stated 27th October 2014 What is the claim for By an agreement between Eggicon Banking plc ("EGG") & the Defendant on or around 19/10/1999 ("the Argeement") EGG agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant on 31/01/2013 THE CLAIMENT THEREFORE CLAIMS: 1. 4600 2.interesticon pursuant to section 69 of the County Courts Act 1984, namely 1700.00 & continuing until Judgment or sooner payment at the rate of 1.02 What is the value of the claim? £6900 Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before, 1999 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. The account was assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure but I presume so. Did you receive a Default Notice from the original creditor? Not that I can remeber Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Dont think so Why did you cease payments:- I sent a CCA request to either Egg or a DCA, waited the 40 days didn't receive anything and still havent Was there a dispute with the original creditor that remains unresolved? I intended to claim charges but never recieved the CCA reply Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No Last Payment was July 2009 and haven't spoken to anyone from anywhere since.
  19. Hi If anyone can help I would really appreciate it. Things have now escalated and received court papers this morning from Marlin Capital Europe Ltd via Mortimer Clarke Solicitors trying for a total of £6850.60 with is a joke as the debt is a little over £4000, no breakdown of costs or anything. Question is if there is anyone out there to help me,what should I do first. Because of may job if they succeed with the county court and get a judgement I could lose my job. Thanks for any help I can get.
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