Marlin Failed to respond to CCA and now taking court action - Please Help!

[Lacie]

Hi,

 

Since the beginning of 2013 I've been receiving letters from Marlin Capital regarding an old credit card from Egg.

 

Following advice I sent them a CCA Request along with the fee of £1 in April. They received the letter in April (I sent it recorded) and cashed my cheque in April but failed to reply whatsoever. Months later, In September, I received a letter from Marlin stating that my name doesn't match the name on their records.

 

I wrote back stating that I had changed my name at the beginning of the year (I put my new and old name on the letter on the CCA request) and that I will forward them the correct documentation to prove my name change when I've received it back because its currently residing with the DVLA but first it will have to go to other official sources because they also need the evidence of my name change. I mentioned that in the meantime, however, I would continue to reply to any documentation in my old name.

 

In November I received a threatening letter from Marlin (in my old name) stating that if I did not pay they may begin court proceedings, I replied back that they have so far failed to supply me with my requested CCA.

 

Today, I've just received the County Court forms that Marlin are taking me to court (in my old name).

 

Can anyone please, please help? I'm panicking here and unsure what to do.

 

Do I reply stating that I dispute the amount because I have no CCA? Or will that not be allowed because they couldn't send it in my old name until I proved my name change?

 

I'd really appreciate any help..

Edited December 13, 2013 by Lacie

[Lacie]

I forgot to add the POC since this seems important from reading other threads:

 

By an agreement in writing between Egg Banking PLC & the defendant dated 13/01/2006 EGG agreed to issue the defendant with a credit card upon the terms & conditions set out therein. In breach of the agreement the decedent failed to make payments of not less than the minimum payment shown on the the monthly statement. EGG served a default notice on the defendant stating that the amount due and requiring the defendant to pay same. Defendant failed to pay and the agreement was terminated. The agreement was assigned to the claimant on the 31/01/2013. The claimant has complied with sections III and IV of Practice Direction.

 

The claimant therefore claims 3,XXXXX

 

Interest pursuant to section 69 of the county courts act 1984, namely 1475.14 and continuing until judgement or sooner payment at the rate of 0.80.