HBOS Claimform - old Halifax Credit Card debt **Discontinued**

[angel_1]

hiya hope too well done , im still learning as i go on but without this fab site, id be lost, but im a fast learner and will use what i learn if other stuff happens to me so i feel more confident with anything i read and learn, keep well angel x

[HP Mum]

Am just wondering if this situation could be applied to egg and Marlin dca ?

[Dotty50]

Hi HP Mum, the only problem posting on a thread that's been dormant for over two years will be that no one will remember what happened and as there are 89 posts to the thread, it's a bit of long winded for anyone to go through it to answer your question.

 

If it's Marlin and Egg, there are lots of new threads as it seems they have purchased a bulk of old accounts from Barclays.

 

Do a search and you will easily find them and also start a thread and tell us the history.

[HP Mum]

Hello

I am interested in this situation.

And probably 160,000 others will be too!!

The reason is that egg card holders accounts are almost at the point of being statute barred

- 6 years from the point when egg unlawfully terminated undefaulted accounts.

 

I wonder if many people will get these court letters ??

 

However, you may be interested in how I dealt with Halifax sending Court Papers via Nottingham a few years ago.

I dealt with halifax by sending Nottinham CPR 18 and CPR 31.14. Please read through the thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?232368-URGENT-HELP-NEEDED-Halifax-CC-Claim-received&p=4153875#post4153875

 

In essence

- I am pretty convinced that Marlin / Mortimer will not have the original papers attached to the Court Papers filed via Nottingham.

By sending them the two CPR docs you force their hand to provide the originals - which clearly they can not / will not - within 14 days,

On this basis the fact that you have had Court papers filed via Nottingham is actually a really good thing and very positive step to getting rid of this debt. IMO.

Good luck

[dx100uk]

there is no remit to attach any original paperwork to a court claimform.

 

 

dx

[HP Mum]

Hang on....

That is not what I was advised and used successfully:

 

Please read my thread. This was Post#20:

Log into the online court service. You will be asked to enter the Claim Number and the password.

Once you have logged in, the simplest thing to do might be to go to the "Defence and Counterclaim" section.

Dispute the full amount, for the following reason, which you enter into box 3 "Defence".

 

I dispute the full amount claimed by the claimant and I do not recognise the Claimant's Claim in any way for the following reasons.

The Claimant states that the claim relates to a credit agreement entered into by the parties, but no copy of the contract or documents alleged to constitute the agreement has been attached or served with the particulars of claim, therefore I have no knowledge of the agreement mentioned by the claimant in the particulars of claim. This is in breach of the requirements of Practice Direction 16 section 7.3. "Where a claim is based upon a written agreement a copy of the contract or documents constituting the agreement should be attached or served with the particulars of claim".

 

Additionally, by not attaching or serving a copy of the alleged agreement the claimant has failed to provide me with sufficient information to deal with the claim. This is in breach of Practice Direction - Protocols section 3.1(a) "not having provided sufficient information to the defendant"

[dx100uk]

that was 2009.

its changed since

 

 

dx

[HP Mum]

This is key. A real moot issue.

Egg has mostly never forwarded credit agreements to any dca.

Marlin / Mortimer appears to not have any credit agreements from egg or barclaycard...

So the issue for the OP here is to pass the buck back to Marlin /Mortimer (with CPR 18 & CPR 31.14) and say that he has no knowledge of the Agreement mentioned by the Claimant in the Particulars of Claim.

 

This is a really interesting situation.

Marlin / Mortimer can not - in most cases - provide the Agreement so how can their Court Claim be valid.

This is what the OP has to present back to the Courts now. Pronto.

[HP Mum]

What has happened with the law since 2009 ?

has there been a case which sets a precedent for dodgy dcas to file unsubstantiated claims?

[dx100uk]

please read a few threads in the legal section.

and the successes forum off it

and the defences submitted,

namely, the no paperwork/holding defence

 

 

post 12 here refers the process now.

 

 

CPR is often now ignored

 

 

a CCA request cannot.

[HP Mum]

However - all that said - just sending off a CPR 18 Request for Information (which includes a request for a true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened) and the CPR 31.14 (for the disclosure and the production of a verified and legible copy of the agreement and the default notice etc etc) would surely be enough to left-foot Mortimers / Marlin - yes??

[dx100uk]

already answered above.

cpr can and often is, totally ignored

dx

[HP Mum]

Really?

 

How can the solicitors issuing unsubstantiated Claims ignore a legal document such as CPR 31.14?

 

Surely the OP is innocent until proven guilty? And with the lack of an original signed Credit Agreement how can the Court find the OP liable ?

 

Seems a mockery /shame of the legal system to allow the solicitors to ignore a demand for proof of the debt....

 

Needs looking into.

Especially as I now fear many egg customers will be receiving such letters in the run up to Xmas.....

[dx100uk]

posts moved to your thread

please do not hi-jack the op's thread.

 

 

dx

[AndyOrch]

" How can the solicitors issuing unsubstantiated Claims ignore a legal document such as CPR 31.14? "

 

Its not a legal request...its a civil request (CPR= Civil Procedure Rules)

 

Regards

 

Andy

[HP Mum]

Hang on - DX where did you send all my comments from last night??!!

I know you suggested I hijacked this OP's thread - but ALL my comments were valid and applicable to every egg account holder whose accounts have been passed to Mortimer/Marlin.

 

Most Egg cards will be statute barred over the next couple months.

If Mortimer have decided to send Claims to this OP then perhaps all Egg card holders will soon be receiving Claims.

 

John1975 - was your egg account transferred to Barclaycard?

Or was it just transferred to dca after dca, then Mortimer solicitors?

 

My egg account is currently with Marlin/Mortimer. I had sent a CCA and so far they have not produced the original Agreement docs. I pray that I do not suddenly get Court Papers like you have...

[dx100uk]

they are here - this thread

 

 

please do not hi-jack the op's thread.

 

 

dx

[HP Mum]

Hmmm dx.

I pointed the OP on the egg thread to this old thread of mine as the Claims process was very clearly explained by others above.

It was not meant as a hijack.

The issue in this old thread was resolved successfully 5 years ago.

The only important issue now is if the egg dca/solicitors (Mortimer/Marlin) issue Claims in the last months before egg accounts are statute barred. If so - they could be fought via the same CPR process, albeit with the few changes that have been amended in the last 5 years...

I hope that deleting my posts on the egg thread and moving them here on an old Halifax thread does not hinder the OP or any other egg account holder

[dx100uk]

irrelevant see post 108

[HP Mum]

Postings on this thread are now irrelevant.

Good night