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  1. I filed the defence online on 30/09/14 I was under the impression that they only had a certain amount of time to send me copy of the cca?
  2. just to recap I had a claimform put in against me which I have already defended on the grounds of statute barred after doing so I sent letters to Mortimer Clarke solicitors for Sar and to marlin for cca agreement the letters were sent on the 30/09/14 the following is the reply I received from marlin Dear Mr Hussain Creditor: marlin capital Europe limited Original creditor: Barclays bank pl T.A Barclay card We write with reference to your recent letter received in our office 14th October 2014, and confirm as we do not hold all of your information on file, we have requested a copy of the agreement and statement of account from the original creditor Barclays bank plc t/a Barclaycard and we will forward upon receipt. With regards to your request for a copy of deed of assignment, we would refer you back to section 136 of the law of property act 1925 which provides that the debtor is notified of the assignment of the debt in writing and not a copy of the deed itself. If you wish to discuss your account further please contact Mortimer Clarke solicitors as your account is currently held with them. I don't know where to go from here any help would be appreciated also I sent the letter requesting the cca on the 30/09/2014 why would they say they received it in office on the 14/10/2014?
  3. Received a letter today from Mortimer Clarke Dear sir, thank you for your letter dated 09/10/2014 We note your request for documents under part 31.14 of the civil procedure rules and sections 77-779 of the consumer credit act 1974 We have requested the documentation from our client and we will place the matter on hold until we hear further from it. Should I send a reply to this letter?
  4. Particulars of the claim By an agreement between egg banking plc & the defendant on or around 28/05/2003 (The agragreement) Egg agreed to issue the defendant a credit card upon the terms and conditions set out therein, in breach of the agreement the defendant failed to make the minimum payments due & agreement was terminated. The agreement was assigned to the claimant on 31/01/2013 The claimant therefore claims: 1.xxxx00 2.interest pursuant to section 69 of the county courts act1984. Namely xxxx & continuing untill judgement or sooner payment at the rate of 0.62
  5. Sorry didn't realise I had left it out, where will I find the particulars of the claim? Thanks in advance
  6. Hey guys probably a stupid question but should I send the cca request to marlin or Mortimer Clarke solicitors?
  7. Sorry dx just read your previous post what are CCA/CPR letters and could I possibly get templates please I was hoping that it might just be another of their scare tactics and the debt is in fact sb
  8. I have a linked address which shows linked to egg but no default date, I have already filed a defence on the grounds of statute barred. I received a letter from Mortimer Clarke stating that marlin capital believe the debt isn't sb as I made a payment in November 09, how do I ask them to prove that I made that payment?
  9. Ok guys the date on the top right of the claim form which is issue date 25/09/14
  10. Thanks for the correction citizen b, i will check the date as soon as i get in as for the default i've checked my credit report with noddle and it's not showing anything to do with egg or marlin
  11. I dont the claim form form to hand as im at work, will post as soon as i get home thank you for your help
  12. What is the value of the claim? 4400 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 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. issued by mortimer clarke on behalf of marlin capital (originally credit card was with egg) Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? not that i remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments:- 2007, I THINK Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? None
  13. hello all i am need of some assistance, i recently had a ccj claim filed against me from mortimer clarke on behalf of marlin capital. I defended the claim on the basis of statute barred, i received a letter today from mortimer clarke saying that according to marlin the debt was not SB as i had made a my last payment in nov 09 my question is what do i do next? could this be a scare tactic from them? do i ask to see proof?
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