Scottish Court Citation received - marlin on very old Egg debt

[IdaInFife]

Hiya,

 

Yes you are entitled to all the docs you requested, you cannot formally have a details defense until you rec the docs so lets play it safe.

 

your defense (at this stage will be that you cannot do a defense until docs recd) but i cannot help you with this as you have not posted up what the particulars of claim are as you need to set your answers like the one in this thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?269529-Creation-Financial-Services-and-Court-*WON*&highlight=afw

 

if they fail to provide the docs you need to have an incidental application ready to give to the court and the sols at the same time of the defense.

[mcg68]

Hello folks, it's been a few weeks and I want to give you an update and ask for some feedback on where I go next.

 

Please take some time to read this through and give me you honest opinion on how this is going to go from here.

 

Remember the account has been in dispute since August 2009 and now Marlin Europe are taking me to court.

 

I took my citation to see a Solicitor to help me lodge my defences.

 

He spotted straight away that citation was raised by Barclays Bank PLC and the defence was that I have never had any contactual agreement with them.

 

He suggested that I use this as my first defence to see how they reacted but suggested that to avoid the CCJ (Decree)

I should offer them 50% of the alleged debt before we get to court.

 

I copied the defence document to the Solicitors acting for Marlins.

They replied with their "Adjustments" document which corrects the original mistake and says the account was indeed an Egg Card,

and gives a card number which ends in "0000" and is NOT my card number.

My card had a totally different number.

 

I have an appointment to see the solicitor again on Monday.

 

However yesterday,

I finally received my SAR docs from Barclays and this is where it gets interesting.

 

I assumed that they would have sent me the original credit agreement,

all statements detailing transactions, payments, default notices, transfer to DCA's etc etc etc. Well here is what I got.....:-

 

1. A covering letter which says they have enclosed "copies of information held by Barclaycard"

2. Some info and some jargon busting pages with general info on Credit Scoring, My right to appeal etc.

3. A kind of Glossary of Abreviations and what they all mean, looks pretty standard.

4. Barclaycard Copy Apps

- this is a few pages of info like my address, my employer, my salary, my bank details etc that I must have given Egg

when I originally applied for the card in 2002 but this is NOT a credit agreement. Just a print off of some info I have given them.

5.Barclaycard Migrated Memos :- A sheet that says "Memo List and Detail" and then gives my name and a credit card number, again - not my number.

Then a single line that says "05/11/11 4 CUSTOMER SIGNED UP FOR SMS OR EMAIL ALERTS" and that's it.

6. Finally, and this is where it gets interesting.

A bunch of "Copy Statements" from 2nd December 2011 to 2nd May 2013. The first one says the following:-

================================================

CLOSING BALANCE OF LAST STATEMENT 7043.00

CHRGOFF PRCH PRIN BALM, 04 Nov 7043.00

TOTAL OF NEW TRANSACTIONS 7043.00CR

================================================

Then, every other statement for every month until May 13 says this:-

================================================

Present Balance £0.00

Credit Limit £0.00

Minimum payment due £0.00

Purchase Interest 1.356%

 

CLOSING BALANCE OF LAST STATEMENT 0.00

TOTAL OF NEW TRANSACTIONS 0.00

================================================

 

I checked the glossary of abreviations and none of "CHRGOFF PRCH PRIN BALM" these are mentioned so I have no idea what this all means.

 

So basically, it seems Barclays have asked Marlin Europe to take me to court for a debt that they have now said is £0.00?? Is this right?

 

Really really need advice as to my next step and whether this is looking good for me now?

 

Thanks for all who read it all the way through.

Mick

[mcg68]

Bumping this as i would appreciate some feedback before i speak to my solicitor today. Thanks.

[spamheed]

Hello folks, it's been a few weeks and I want to give you an update and ask for some feedback on where I go next.

 

Please take some time to read this through and give me you honest opinion on how this is going to go from here.

 

Remember the account has been in dispute since August 2009 and now Marlin Europe are taking me to court.

 

I took my citation to see a Solicitor to help me lodge my defences.

 

He spotted straight away that citation was raised by Barclays Bank PLC and the defence was that I have never had any contactual agreement with them.

 

He suggested that I use this as my first defence to see how they reacted but suggested that to avoid the CCJ (Decree)

I should offer them 50% of the alleged debt before we get to court.

 

I copied the defence document to the Solicitors acting for Marlins.

They replied with their "Adjustments" document which corrects the original mistake and says the account was indeed an Egg Card,

and gives a card number which ends in "0000" and is NOT my card number.

My card had a totally different number.

 

I have an appointment to see the solicitor again on Monday.

 

However yesterday,

I finally received my SAR docs from Barclays and this is where it gets interesting.

 

I assumed that they would have sent me the original credit agreement,

all statements detailing transactions, payments, default notices, transfer to DCA's etc etc etc. Well here is what I got.....:-

 

1. A covering letter which says they have enclosed "copies of information held by Barclaycard"

2. Some info and some jargon busting pages with general info on Credit Scoring, My right to appeal etc.

3. A kind of Glossary of Abreviations and what they all mean, looks pretty standard.

4. Barclaycard Copy Apps

- this is a few pages of info like my address, my employer, my salary, my bank details etc that I must have given Egg

when I originally applied for the card in 2002 but this is NOT a credit agreement. Just a print off of some info I have given them.

5.Barclaycard Migrated Memos :- A sheet that says "Memo List and Detail" and then gives my name and a credit card number, again - not my number.

Then a single line that says "05/11/11 4 CUSTOMER SIGNED UP FOR SMS OR EMAIL ALERTS" and that's it.

6. Finally, and this is where it gets interesting.

A bunch of "Copy Statements" from 2nd December 2011 to 2nd May 2013. The first one says the following:-

================================================

CLOSING BALANCE OF LAST STATEMENT 7043.00

CHRGOFF PRCH PRIN BALM, 04 Nov 7043.00

TOTAL OF NEW TRANSACTIONS 7043.00CR

================================================

Then, every other statement for every month until May 13 says this:-

================================================

Present Balance £0.00

Credit Limit £0.00

Minimum payment due £0.00

Purchase Interest 1.356%

 

CLOSING BALANCE OF LAST STATEMENT 0.00

TOTAL OF NEW TRANSACTIONS 0.00

================================================

 

I checked the glossary of abreviations and none of "CHRGOFF PRCH PRIN BALM" these are mentioned so I have no idea what this all means.

 

So basically, it seems Barclays have asked Marlin Europe to take me to court for a debt that they have now said is £0.00?? Is this right?

 

Really really need advice as to my next step and whether this is looking good for me now?

 

Thanks for all who read it all the way through.

Mick

 

The reason the account balance is showing as zero is because they have written off the account and sold or transferred it onto Marlin.

 

On the face of it, it looks like BC have failed to provide you with anything which would prove the authenticity of the account.

 

This is the same as many other accounts sold by BC to Marlins, without a complete papertrail from the inception of the account, to present day, they have nothing other than empty threats..... if they say it was originally an Egg account then they would need to prove evidence that the account was legally assigned and the amounts were correct etc and so forth.....

 

However if as BC seem to do, they have unilaterally issued a BC account on the back of this assignment then they need to prove the legality of this account - which they won't be able to do.

 

Once you sent the CCA to Marlins, they would be on their back foot until they fulfil their legal obligations, they will not give up until they know you are not backing down.....nothing has changed, NO agreement, No NOA, No Statements .... no paperwork

[mcg68]

Thanks Spamheed. That does help. Off to see a solicitor just now to see what his take is on the whole thing. I think I will end up in court and pray that the judge laughs them out the door for not having anything concrete to go on. Will let you know what he says.

 

Thanks !!

[mcg68]

Solicitor advised not to take the chance going to court and advised me to offer them 50% to settle the account.

[dx100uk]

no!

 

they must have the paperwork

 

they have none

 

put them to strict proof before the judge to product the list spam describes

 

dx

[cwab_sticks]

Hi,

 

I'm not an expert at all, but I am quite familiar with the Data Protection Act, having used it more times than I have wanted to!

 

I have just received a 'final' SAR bundle from BC for my EGG account. It has taken nearly a year, after almost starting legal action. I have an IT background, so I am familiar with reading computer reports, and what kind of information should be recorded on computer systems etc.

 

I hope I can help a little, I see you have already received good advice on here and I hope that I can be of assistance in helping you understand the BC SAR.

 

I have a few questions, which if you could answer I could help you read the report to see if they have defaulted your account. (Mine has already been defaulted so it is more simple for me).

 

Also I do not understand the Scottish legal system which may have an impact on the documents they need, to get a CCJ.

 

I have read the thread quickly, I think you have stated that the account has not been defaulted. Is this true?

Can BC or Marlin take legal action if the account has not been defaulted?

 

Below I will explain what I have found in the reports received.

Have you a copy of BQT001 and BQT002 and DMSAR001?

 

This is my interpretation and findings on the reports, I have viewed a few of these reports, for both BC and EGG for myself and a friend and my suggestions here appear to be true in our cases, so please double check these suggestions with your data and letters etc. We have both been defaulted which makes our history a little more clear cut.

 

I have not found any detail on any report which details the account default date. BC must have this information somewhere but so far they have declined to provide this.

 

However in our situations, the actual default date is before the actual date quoted on the report next to 'DATE RECOVERY STATUS' field, which is also in the 'ITEM REF' column referenced as CECIP029, on report titled 'CARDHOLDER / ACCOUNT DETAILS' BQT001.

 

The date of the accounts 'closure' is also not populated in this report, nor anywhere else in any document provided in the SAR bundle.

 

I tried to copy from your previous post but my formatting has gone a little wrong...... and I cant manage to fix it.

 

I assumed that they would have sent me the original credit agreement, I got this eventually after 10 months. A photocopy of the actual signed credit agreement.

all statements detailing transactions, again these only came on the 3rd bundle. They go as far back as March 2002

 

payments, up to Nov 11, as above. After Nov 11 - again all 000000's. But payments made via DMP were noted on 2nd computer report, BQT002 in 'memo detail' lines CESME017. These payments were not reported anywhere against a running total, nor do I have proof of the outstanding balance.

 

default notices, These details are also in BQT002, again in the memo lines - if these happened after Nov 11. So if the account was default by BC this would be noted in this report. If defaulted by EGG then it would not be noted here.

 

transfer to DCA's etc etc etc. Well here is what I got.....:-

 

4. Barclaycard Copy Apps

- this is a few pages of info like my address, my employer, my salary, my bank details etc that I must have given Egg

when I originally applied for the card in 2002 but this is NOT a credit agreement. Just a print off of some info I have given them.

 

5.Barclaycard Migrated Memos :- A sheet that says "Memo List and Detail" and then gives my name and a credit card number, again - not my number.

Then a single line that says "05/11/11 4 CUSTOMER SIGNED UP FOR SMS OR EMAIL ALERTS" and that's it.

 

This should really be more pages.

 

There are pages titled MSH4 (top left hand corner). This notes are direct from the EGG computer system, ie all notes prior to Nov 11.

 

The other reports BQT001, BQT002 and DMSAR001 are BC reports.

 

BQT002 - should show all actions taken by Barclaycard when contacting you or you contacting them. In my notes I have references to my CCA request. What matters here is when BC owned the account and when MARLIN purchased the account. If your CCA request went back to BC (via Marlin) then the request should be noted here in these memo lines.

 

There are even notes in here which state the date SAR request received and actioned etc.

 

I think that if you have only one line to this report then BC have purposely withheld information from you. This happened to my friend, who has both EGG and original BC with BC. For the original account which was formally disputed with many letters, the 'printing' dates for this report was only up to 2009! ie. they did not print out the report upto the date of the SAR request, thus omitting the most crucial information which was required.

 

6. Finally, and this is where it gets interesting.

A bunch of "Copy Statements" from 2nd December 2011 to 2nd May 2013.

 

These statements are 0 as the account has been charged off. Personally I think the BC computer systems are unable to process the EGG accounts properly which is why BC as part of a SAR request just sent 0 balance statements since Nov 11 when they purchased a large portfolio of EGG credit card accounts.

What is wrong is that there are no documents produced which shows a running balance and payments received as part of a SAR request.

 

I'm not sure if anyone has mentioned PPI? Is this relevant?

 

Also in my notes, as the account has been defaulted by EGG before being sold to BC there are issues with the enforcement of the debt as BC are currently unable to get hold of the documentation required to enforce. This is clearly stated in my notes.

It appears these notes are missing from your SAR details. This is the remainder of report BQT002 which I think you have not been given. It depends really when BC sold the account as to what information will be held here, but if they didn't sell until after your CCA requests, or still own the account then all of this report should be provided.

 

I hope this helps, any questions please ask. I'll be back on tomorrow.

CS

[spamheed]

Rediculous advice from solicitor.

 

If they have no documents then what is it they are hoping to enforce?

 

It is really very simple.

 

They say thast they own the account and have full rights to enforce and take you to court

 

You say, I don't believe that this is true, prove what you are saying is true.

 

That was your position when you restarted this thread and that is your position now.

 

They have proven nothing and can prove nothing, so why would a solicitor advise you to capitulate in such a half a$$ed manner.....outrageous

[BEC01]

Which solicitor did you see?

I don't think you have been well advised at all.