EGG>>A Quandry - now Marlin

[Hopster]

Are you sure that it is from the date of the default and not from the date of the last payment made (other than £1 and £10 requests ?eg - I thiought it was the lattrer - perhaps the site team can advise ? Site Team please ?

[ajs444]

Hi SFU, long time no speak, was going to contact you regarding the Egg situation.

 

Last payment to Egg from me was August 2009 and since i am in Scotland, like yourself, the debt is SB'd in 5 years.

 

I did SAR them some time ago and they sent Barclaycard T&C's and an application/summary form from Egg with all my details on it, but no signature.

 

Just going to send them the "In light of the complete absence of any enforceable documentation......" letter and see how it goes from there.

[ajs444]

Just checked my credit report and Egg have vanished from it altogether, not even listed under Marlin, and under closed accounts Barclays have it as satisfied.

 

Strange things going on as Marlin were listed the last time I checked.

 

Is Statute Barring from the last payment or the default date? I have another account that the default was not issued till almost a year after last payment.

[Hopster]

thats what we want to know .

[ajs444]

Well reply from Marlin today, acknowledging the fact that I CCA'd them some time ago and they have failed to supply a valid agreement, "we are going to try again"

 

Stopped all collection activity till agreement can be found.

 

I have a copy of original EG one, Barclaycard agreement does not exist.

[BRIGADIER2JCS]

Just checked my credit report and Egg have vanished from it altogether, not even listed under Marlin, and under closed accounts Barclays have it as satisfied.

 

Strange things going on as Marlin were listed the last time I checked.

 

Is Statute Barring from the last payment or the default date? I have another account that the default was not issued till almost a year after last payment.

 

 

Stat Barred In England and Wales for credit cards and unsecured loans = 6 clear years from the date a contractual payment was due and not made, after which no further payment and/or unequivocal admission of liability being made.

 

 

Secured Loans & HP the date at which the creditor can demand repayment in full, this May be the default date or earlier formal demand for repayment in full. This also applies to bank accounts with ODs.

[BRIGADIER2JCS]

I see in my inbox a message from a user named "globetrotter" re contractual payments.

These are the payments required by the agreement/contract e.g. for a CC the minimum monthly payment.

[Hopster]

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.

[BRIGADIER2JCS]

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.

 

 

Section 5 can be taken (in the cases of Credit Card/Unsecured Loans) as the date when the payment was due after which no further payment was made (there breach of contract/cause of action). so for safety 1 month after the last payment.

 

 

Secured Loans/HP/ Mortgages under seal section 6 will apply.

[ajs444]

So Marlin come back with the same guff, T&C's for a Barclaycard and a statement from Egg showing payments made, and a plea for a payment to the account or else!!!

 

Still no signature to be seen, I could send them T&C's from anybody and say pay me, ridiculous.

[Hopster]

So Marlin come back with the same guff, T&C's for a Barclaycard and a statement from Egg showing payments made, and a plea for a payment to the account or else!!!

 

Still no signature to be seen, I could send them T&C's from anybody and say pay me, ridiculous.

 

I AM NOW GETTING CONFUSED.COM Vould te site team please advise re. Statute barring ? When does it come into play please ?

[BRIGADIER2JCS]

I AM NOW GETTING CONFUSED.COM Vould te site team please advise re. Statute barring ? When does it come into play please ?

Post84~# explains:

 

 

For a credit card the 6 year clock starts ticking the date a payment was due and not made after which no further payment or unequivocal written admission of liability was made so approx. 1 month (for safety) after the last payment.

 

 

What you have is intended to be a reconstituted agreement, no signatures required.

[ajs444]

Marlin apparently now Cabot, slime now joining up.

[fkofilee]

Weve known about this for a while... happened last year

[toxicdebt]

Had a letter today stating Marlin have changed their name. The letter differes from the annual "statement" that Marlin send each year, in that there is no statement as such - just a total owed and asks me to contact them regards paying my egg debt of £8k off. No threats just a furtive offer of help arranging payment.

 

It will become statute barred in just over a months time. I hope to god that this does not signify them starting down the court path.

 

Obviously I'm ignoring the letter.

[fkofilee]

Why not send them a CCA request? That wiull make them fumble around enough... hopefully to send it SB

[toxicdebt]

Just checked. Its a month until the 6th anniversary of the date they defaulted me. Its over 6 years (in January) since I made a payment to them.

[jon888999]

Hi mine is Stat barred on the 1st of May, already got PPI complaint and spreadsheet ready to post! Does anybody know whether Egg normally cough up or let it go to the FOS who will make them pay and charge them for the privilege?