Court claim from Mortimer Clarke/Marlin ref EGG Credit card

[wilko999]

Received a court claim yesterday from this outfit.

 

Has been in dispute since 2009 having requested CCA and received a copy of the application form.

 

There are plenty of charges - there is PPI (however very old and I cannot obtain statements between 1999 and 2004 when it was on the account but can certainly apply an average.

 

I don't have the majority of docs referred to in their POC.

 

After some advice on best way to proceed - intend to defend - should I counter claim?

 

Not sure where they get the interest figure from either! Didn't think they could include that? I thought once terminated no interest was payable on that front?

 

Should I request the POC docs via CPR request and see what comes back - if anything although aware that's a civil request and they don't have to send them! Any help and advice greatly appreciated!

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.(1-Viewing)-nbsp

 

All the links you require for CPR requests are in the thread linked above.

 

You can only use CPR31.14 for those documents mentioned/implied within the PoC. If you require other information, you will need to use CPR part 18.

 

I dont think they are allowed to claim S69 interest on an agreement regulated by the Consumer Credit Act, but others will advise on that.

[AndyOrch]

Correct CB

 

Section 69 interest is at the discretion of the court and should be shown but not included in the alleged debt amount/claim amount.

 

Therefore their alleged claim should be £9747.70...not £14185.21

 

Regards

 

Andy

[wilko999]

Thanks. Yes that's what I thought - makes a difference to the fact that it puts it over 10k and onto a fastrack rather than under in small claims track especially when it comes to costs. Should I be pointing that out on my defence?

[AndyOrch]

It will assist but you still need a core theme as to why you deny the £9K. Allocation to track will be dealt with after defence.

[wilko999]

Main defence and counter claim would be based that on totting up PPI and charges included compound interest to date they work out at 11.3k.

 

I assume that's my best defence?

[AndyOrch]

The charges would help mitigate...the PPI would not serve as a counter claim and should have been dealt with before the claim was issued.