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    • Perfect. Nice and brief and to the point. You don't bother to start telling your life story. Just the way it should be. Send it off. You have probably done enough reading to understand that it won't make any difference don't start drafting your particulars of claim. Open an account with the MoneyClaim County Court system and start preparing. Post your particulars of claim here before you click it off. You may have noticed that at some point you will be asked if you want to go to mediation on this. We used to advise it but now we recommend that you decline mediation and go to trial. Your chances of success are much better than 95%. Going to trial will incur an additional hearing fee but of course you will get that back. However if you go to mediation, they will simply try to penny pinch and to get you to compromise and also they will sign you up to a confidentiality agreement and probably threaten you if you breach it. Not only that, if the mediation fails because you stand your ground, it will add additional delay while they then give you a date to go to trial. The best thing to do is to decline mediation – prepare for court hearing. Pay the extra fee. The chances are that rather than get a judgement against them they will then offer you a full settlement rather than go to court. If they do offer you full settlement then you will be obliged to accept it – but that's what you want. If they don't offer you full settlement then you will go to trial and there will be a judgement against them. Just so that you understand, our first interest is that you get your money back – but a close second is that it does go to trial and there is a judgement which we will then be able to use to help other people. Anyway as you should realise, we will help you all the way.
    • I sent a parcel to Singapore but i spelt the address incorrecltly by 1 letter so the parcel couldnt be delivered and was returned back to the Uk but checking the tracking today the parcel had returned to the UK but is somehow on its way back to Singapore as the tracking says "Item leaving the UK"    Ive spoken ( tweeted) Royal Mail help who confirm that the parcel seems to be going back to Singapore and that if its not " Delivered" by the 29th of April theyll deem it as lost and will accept a claim but i cant remeber when booking what the compensation amount was but i dont think it covers the amount of the item.  As it was my fault that it wasnt delivered in the first place can i trey and claim the full amount back ? i think if i remember correctly it was £50 compensation but the item was £170 So the timeline is thus ...   22nd Of March .    Booked via P2G & dropped off a Post Office.  25th March arrives in Singapore and goes through customs ect ect 26th   Incorrect address and item is flagged as "return to sender" 28th Item leaves Overseas intenational processing centre 15th of April , Item is leaving the Uk (Again)   ?    
    • Post the NTK up here for the regulars to double-check. I highly doubt it's compliant with POFA though. Ignore the deforestation that comes unless it's ever a letter of claim. Any luck with the organ grinder?
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    • Thanks very much Bank. I've now done a lot of reading and have drafted my Letter of Claim as attached. I look forward to your comments. 16Apr24 draft Letter of Claim against Parcel2Go.pdf16Apr24 draft Letter of Claim against Parcel2Go.pdf16Apr24 draft Letter of Claim against Parcel2Go.pdf
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Marlin/mortimer claimform - barclaycard [EGG] Card 'debt'


Matheos95
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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

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  • 1 month later...

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?

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  • 8 months later...

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.

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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

 

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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.

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You must acknowledge service by the 13th Oct also.

 

Andy

We could do with some help from you.

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CPRing the Solicitors named on the claim form and CCAing Marlin

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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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?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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No reason to wait do it now.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 2 weeks later...

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?

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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?

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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.

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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

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

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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