Egg Barclaycard Marlin Citation Received

[Nohappy]

Advise required please.

 

I have just received a citation from a Scottish Solicitor representing Marlin Capital Europe Ltd in respect of a debt to Barclaycard.

 

I have never had a Barclaycard Credit Card or took out an agreement with them.

 

I did have a credit card with Egg which I took out in 2004.

 

I now know that Barclaycard took over Egg Credit Card accounts in 2011.

 

I was making regular payments to Egg until they suddenly stopped sending me statements,

and so I then stopped making payments.

 

I never received any further statements or correspondence from Egg for 18 months,

then all of a sudden in early 2011 I received a default notice.

 

I was unaware that Egg transferred to Barclaycard, possibly I received notification, but I cannot remember.

 

I then started receiving calls from Marlin regarding Barclaycard.

 

I informed them that I have never had a Barclaycard and refused to discuss matters with them.

 

I have now received a writ from their Scottish Solicitors giving me 21 days to respond.

 

I am based in Scotland.

 

Interestingly in the writ it is stated that I took out an agreement with Barclaycard in 2004,

this is an error straight away as it was with Egg.

 

I do not know when I made the last payment to Egg, it was about 4 or 5 years ago and maybe time barred.

 

Should I send a CCA request to the Solicitors or Marlin or both?

 

Is there still time to do so?

 

Any help or advice would be greatly appreciated.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?390657-Scottish-Court-Citation-received-marlin-on-very-old-Egg-debt&p=4227394#post4227394

get that CCa off RD tomorrow

 

get an SAR off to BC too RD

 

what does your CRA file say about this debt?

 

see below

 

dx

[Nohappy]

CCA requests going out to Barclaycard, Marlin and Marlin's Solicitors tomorrow.

 

Discovered that last payment on the account was made 4 years ago, whilst still Egg, therefore not time barred.

 

Equifax CRA shows the account as settled in Feb. 2011 and no further records.

 

Experian has records up to present, with the status as 'default' and balance as 'satisfied'. Default date of Jan. 2011 and debt assigned to CAIS member in Feb. 2013. What is a CAIS member?

 

What is a SAR request, is it different from a CCA request?

[renegadeimp]

SAR asks them for all info they hold on you and should be made to the original creditor.

[Nohappy]

SAR asks them for all info they hold on you and should be made to the original creditor.

 

Would that be Egg then or Barclaycard saying as they took over the Egg Accounts

[renegadeimp]

Barclays i think.

[renegadeimp]

However, egg states:

 

If your card was closed before November 2011 or was not transferred to Barclaycard, please contact Canada Square Operations (formerly known as Egg Banking plc) at the following address:

 

Canada Square Operations

PO Box 4903

Worthing

BN99 3AR

[BEC01]

Is this a court summons, or just a threat of court action?

[dx100uk]

dunno we'd need to see it

 

sounds real.

 

dx

[spamheed]

There have been a number of such citations sent out on the back of B/C taking on Egg accounts and then passing them on to Marlin, normally to people who have ignored the usual marlin claims and demands and not responded with a CCA or even a prove it letter, I thought that under the Scottish system all claimants must have possession of the original agreement before bringing such a claim.

[Nohappy]

It is a citation, I have 21 days to decide if I am doing to defend or capitulate.

 

If I defend, which I will do, then the ball is back in Marlins court. Do they go to court or not.

[dx100uk]

not when they have no cards to play.

 

defend all

 

dx

[spamheed]

The original agreement is with Egg so SAR should be sent to Egg, not Barclaycard,