Marlin/mortimer claimform - barclaycard [EGG] Card 'debt'

[Matheos95]

Hi All

 

Its been along time since I have been back and needed help from you wonderful guys but back I am

 

Basically like alot of you guys I had a credit card with egg that over the months and years has been passed for DCA to DCA, having CCA'd them along time ago with no response I have done nothing with it. Which wasnt a problem until now.

 

I have been offered a job, something I have wanted to do all my life, couldnt believe it when I got it was over the moon. But.... they do a full vetting and blindly thinking they would only do the normal employer credit check (which I am fine on) they contacted me today to say they had done a full one and need me to explain a default I have on there, the one from egg.

 

Thinking this was all over have stupidly mislaid all my paperwork, but from memory I CCA'd one of the first DCA's sometime ago with no response therefore I ignored the debt and correspondence from the other DCA's it kept being passed to.

 

My question is this, they have failed to produce the CCA before is it fair that now its been taken over by Marlin that they could leave a footprint on my CRA report.

 

From my report it follows like this:

 

Barclaycard closed the account Jan 2013 marked DA (Debt assigned) default date of Feb 2010 (showing now zero balance)

Marlin put default marker on June 2013 with the following on 2 CRA files

 

Call Credit

Opening Balance £xxxx

Current Balance £xxxx

Equifax

Opening Balance £0

Current balance (Closed 4 March 2010 (balance £xxxx))

 

If there is anyone out there who could help me as I have to explain to my potential new employers asap about this default. Would I have to go down the CCA route again with Marlin which I didnt want to do because of the time scales ie statute barred etc but if I have to I will.

 

Thanks in advance guys for any help you can give xxx

[Matheos95]

All the above is answered but I do have another question...

 

Do Morgan Solicitors do any work for Marlin. My debt is still currently with Marlin and had previously been with Cabot before being sold so did have some calls from Morgan Solicitors (ignored of course) but out of the blue Morgan have called today curious to whether they now work with or are part of Marlin also? Anyone know?

[Matheos95]

Hi

 

If anyone can help I would really appreciate it.

 

 

Things have now escalated and

 

 

received court papers this morning from Marlin Capital Europe Ltd via Mortimer Clarke Solicitors

trying for a total of £6850.60 with is a joke as the debt is a little over £4000,

no breakdown of costs or anything.

 

 

Question is if there is anyone out there to help me,what should I do first.

Because of may job if they succeed with the county court and get a judgement I could lose my job.

 

Thanks for any help I can get.

[ims21]

Hi

 

Sorry you appear to have been missed.

 

In view of the issue of court papers I have moved you to the legal forum where the guys will be along to help as soon as they are available.

 

In the meantime can you have a read of the following and provide the answers to the questions raised here on your thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

[Matheos95]

Name of the Claimant ?

 

Marlin Capital Europe LTD

Marlin House

16-22 Grafton Road

Worthing

West Sussex

BN11 1QP

 

Date of issue

 

25th September 2014

 

Submit defence by

 

Cant see it but other poster who recieved same today stated 27th October 2014

 

What is the claim for

 

By an agreement between Eggicon Banking plc

("EGG") & the Defendant on or around 19/10/1999

("the Argeement") EGG agreed to issue the

Defendant with a credit card upon the terms

& conditions set out therein. In breach of

the Agreement the Defendant failed to make

the minimum payments due & the Agreement

was terminated. The Agreement was

assigned to the Claimant on

31/01/2013

THE CLAIMENT THEREFORE CLAIMS:

1. 4600

2.interesticon pursuant to section 69 of the

County Courts Act 1984, namely 1700.00 &

continuing until Judgment or sooner payment

at the rate of 1.02

What is the value of the claim?

 

£6900

 

Is the claim for a current or credit/loan account or mobile phone account?

 

Credit Card

When did you enter into the original agreement before or after 2007?

 

Before, 1999

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

 

The account was assigned

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Unsure but I presume so.

 

Did you receive a Default Notice from the original creditor?

 

Not that I can remeber

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

Dont think so

 

Why did you cease payments:-

 

I sent a CCA request to either Egg or a DCA, waited the 40 days didn't receive anything and still havent

 

Was there a dispute with the original creditor that remains unresolved?

 

I intended to claim charges but never recieved the CCA reply

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

 

No

 

Last Payment was

 

July 2009 and haven't spoken to anyone from anywhere since.

[ims21]

Ok thanks

 

Please get the CPR and CCA requests off as indicated in that thread ASAP.

[AndyOrch]

You must acknowledge service by the 13th Oct also.

 

Andy

[ims21]

You must acknowledge service by the 13th Oct also.

 

Andy

 

Ooops! My bad!

[Matheos95]

Sorry sounding thick but am I CPR & CCA'ing Egg/Barclaycard or Marlin?

[AndyOrch]

CPRing the Solicitors named on the claim form and CCAing Marlin

[Matheos95]

Many thanks Andy, oh final thing, I dont have anywhere the full account number for this old account would I be able to quote their reference number off the claim form?

[AndyOrch]

If they have not provided an account number within their pleadings then they are going to struggle to convince a court.Have they not quoted it in previous threat o grams? or have you not had any?

[Matheos95]

Yeah sorry just checked the pre court threat I got on the 5th of this month has it. Thanks again.

[AndyOrch]

[Matheos95]

Can I acknowledge now or wait a little?

[AndyOrch]

No reason to wait do it now.

[Matheos95]

Letters ready to post tomorrow acknowledgement done thank you for your help on a crap day (had to have my dog put to sleep as well as **** from these people). Will update you with replies when I get them.

 

Take Care xx

[AndyOrch]

Oh dear ...I know the feeling I had to do the same in June...still miss him.

[Matheos95]

Yeah we know the day has to come but its still heartbreaking

[Matheos95]

Hi Guys

 

had a reply back from Mortimer Clarke Solicitors:

 

Further to you letter dated 30/09/2014, we are taking our client's instructions in relation to your request and will come back to you as soon as we can.

 

We confirm our client is willing to agree to an extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

 

Your Mortimer Clarke

 

Now I presume this is a standard reply, what should I be doing next?

[Matheos95]

I was just reading over my claim form again and noticed they have put in there "The Agreement was assigned to the Claimant on 31/01/2013" so I have checked my credit file as I am pretty sure Cabot tried to claim this before Marlin but dropped it for some reason. Now I have 2 entries one being Barclaycard (Egg) Date of default 4th March 2010, Default Satisfied Date 31/01/2013 when the status changed to DA debt assigned. Now Marlin obviously lodged a default against me and on the Callcredit history they didnt start reporting the default until June 2013, making it look like they are trying to claim from Jan to June when they weren't the company it was assigned too. Is this right or am I just reading things wrong?

[Matheos95]

Hi guys sorry to bother but do I need to respond to Mortimer Clarke's letter or do nothing, also my last post above wondered peoples thoughts as this could possibly form part of my defence?

 

Thanks

[oleg]

M C letter is their standard template response. No action needed.

Marlin are subsidiary of Cabot so there was no intermediate change of ownership. As long as original default date has not been brought forward, nothing untoward there.

Keep an eye on your defence deadline and read up on similar cases to familiarise yourself with the game.

[Matheos95]

Had the usual letter back from Marlin today re the CCA request:

 

We write with reference to the above matter and confirm receipt of your letter and postal order for £1.00.

 

However the postal has not been completed with the payee details, please amend the payee to Mortimer Clarke Solicitors and direct all correspondence regarding this account to them in future.

 

Marlin.

 

Question now is who and where do I send the postal order back?

 

Thanks

[AndyOrch]

To Marlin...attach a cover letter stating the date of request still stands as the original date.

 

Andy