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Marlin claimform old £22k EGG credit card 'debt'***Claim Discontinued***


linz2011
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Hi

I have received a court form from Marlin for £22k.

 

I have been online and acknowledged and requested 28 days.

 

I would like help with the defence if possible.

 

I have also printed out the CCA and SAR requests

(I am not 100% but think it could be statute barred but will not know until the details come through).

 

I just want to know what i put in the defence.

 

Thanks guys

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Thread moved to Financial legal Issues.

 

If you could take time to read and complete the following Linz :-

 

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

 

Regards

 

Andy

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Hi Linz

 

Could you give more info, IE how much they are going for (22k is a ballpark figure) , who was the original creditor etc, if you can of course

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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All info as requested - many thanks. I have to manually send this as I have locked out of Money Claim and they cannot help me. Therefore timescales are tighter. Many thanks :-)

 

Name of the Claimant

Marlin Capital Europe Ltd

 

Date of issue

01/04/2014

 

What is the claim for

By an agreement between Egg Banking plc ("EGG") & the Defendant on or around 02/11/2001 ("the Agreement") 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 CLAIMANT THEREFORE CLAIMS 1. 13241.80 2. Interest pursuant to section 69 of the County Courts Act 1984, namely 8802.68 & continuing until Judgement or sooner payment at the rate of 2.90

 

What is the value of the claim

£22454.48

 

Has the claimant included section 69 interesticon (8%)within the total claim or is it shown separate within the Particulars but not added to the debt?

added

 

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?

02/11/2001

 

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.

No it has been assigned

 

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

No

 

Did you receive a Default Notice from the original creditor?

No

 

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

No

 

Why did you cease payments:-

Financial difficulties

 

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

No

 

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

I did pay nominal amount but think it is 5 or 6 years ago

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pop on to say noddle below

 

they often show payment details

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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credit ref file

 

see below links

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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" I have to manually send this as I have locked out of Money Claim and they cannot help me. Therefore timescales are tighter. Many thanks "

 

Not sure what the above is in connected with Linz ?

 

Have you acknowledged service on the 19th April?

 

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 OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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Hi yes I have

 

I did this online but unfortunately i am unable to log back in

 

as my password saver is not working and

 

I do not know the details.

 

I called MCOL and they said I have to complete the blue claim form manually now.

 

I have requestd 28 days online.

 

So i am keen to get this completed and returned but not sure what to put in the defence

thanks

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you have done the AOS

 

you have 33 days from the date of the claimform there is no rush

 

there is no need to file early.

 

what do you mean by your password saver is not working?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I cannot file online I have to post it. When it gave me the gateway number I relied on roboform to save it bit it hasn't. There is no way of filing online now so I have to manually complete the blue form and post it so keen to get it in the post. Many thanks

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you do not have to file/post it until p'haps 2-3 days before the 33 days deadline.

 

you can even email upto midnight on day 33 as long as they get it.

 

you are in the info gathering stage

hence you have sent?

 

the CCA and CPR? to marlins?

 

and an SAR to EGG at Canadian square address.

 

you certainly need to at least wait the 12+2 working days [as you have the time]

 

for the CCA to fail or not

 

that will govern your defence

 

also the fact you said you have no DN or assignment needs addressing.

 

have you moved since you took the card out?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yep agree

 

so get those letters of as above today recorded if you have not already

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

was the sar sent to the Canadian square address?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

yes Canadian square address for eGG as already stated

 

see the EGG forum top red/yellow sticky posts.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

I have not received any information from the other side and I would like to get the defence in the post today if possible. Please can someone help me with this.

Thanks

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You have to help yourself linz look at other similar threads pref with the same claimant and creditor...find a suitable defence and edit to suit we will check it before you submit.

 

This is a self help forum you cant expect a defence drafted on the day you want it.

 

Regards

 

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 OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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