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

[linz2011]

Is this okay?

 

DEFENCE

 

I xxxx xxxx of xxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by Marlin.

 

 

1. It is not accepted that the Defendant has an agreement with the Claimant. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number given in the Particulars of Claim and so cannot admit or deny an agreement with EGG.

 

 

2. it is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement with the Claimant; and

b) show how the Defendant has reached the amount claimed for; and

c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

Despite a request being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant is still in breach of the s78 request.

 

A further request made via CPR31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant is basing their claim.

 

4. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

 

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

 

Signed

 

………..

 

Defendant

[AndyOrch]

Just bringing their particulars forward.....cant check a defence until we know what they are suing you for:wink:

 

 

1.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.

 

2.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.

 

3.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

[linz2011]

Thanks for that - its all so confusing :-/

[AndyOrch]

Linz ill have to get back to you on this later as I have to go out now.....in the meantime others may post further advice/opinion.

 

Regards

 

Andy

[linz2011]

Thanks Andy really appreciate that

 

I have to have my defence back by Saturday and would really appreciate some feedback on the defence. Many thanks

 

Another question am I able to email the defence? Thanks

[AndyOrch]

Yes linz you are able to email to CCBC....apologies Im later than expected but will be on the forum in the morning if you are around.

 

Regards

 

Andy

[linz2011]

That's great andy if you could let me know what you think about the defence I will get it emailed to them today

[AndyOrch]

Hi Linz ...if you could just confirm are they claiming 13241.80 or 22044.48 ?

[linz2011]

Hi andy they are claiming 22044.48 thanks

[AndyOrch]

Gosh thats some interest...its supposed to be shown within the particulars but not added to the amount until after judgment...the alleged debt of 13241.80 +court fee and sols fee should be the bottom figure.

 

8802.68 is at the discretion of the court.

 

OK back shortly

[AndyOrch]

Just bringing the particulars forward for reference :-

 

Marlin Capital Europe Ltd

 

Date of issue

01/04/2014

 

1.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.

 

2. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated.

 

3. The Agreement was assigned to the Claimant on 31/01/2013.

 

4.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

[linz2011]

Thanks andy

[AndyOrch]

Is it about 8 years since you defaulted Linz ? have you ever made made payment to this crew? roughly when was your last payment?

[linz2011]

Yes approximately 8 years never paid these. I think last payment made is 5-6 years ago

[AndyOrch]

I worked it back from the interest they are trying to claim...when you say 5 or 6 years you know it makes the world of difference to your defence if its statute barred...any chance you can find exactly the date of last payment?

[linz2011]

I have tried but cannot find anything. Obviously it will show when I receive the SAR. I know it makes a huge difference would egg tell me if I rang them?

[AndyOrch]

Possibly

[linz2011]

I will try now and get back to you

[linz2011]

I cannot find a contact number for egg, just the address - does anyone know of one?

[AndyOrch]

Canada Square Operations

PO Box 4903

Worthing

BN99 3AR

 

0800 358 2101 - Egg PPI/canada square operations

[linz2011]

Hi just called them they only deal with ppi claims and they advised me that the only way to contact egg credit cards is by letter ?

[AndyOrch]

Had plenty of time to clarify this huge point Linz ...never pays to leave it to the last day....have you not got bank statements or egg statements at home?

[AndyOrch]

Did YBS take over EGG ?

 

0845 166 9204* (Mon-Fri 8am-8pm, Sat 9am-1pm)

 

or 0871 909 0503

[AndyOrch]

Egg credit cards were transferred to Barclaycard in November 2011. You can contact Barclaycard on 0844 811 9111 or at http://www.mybarclaycard.co.uk.

[AndyOrch]

Linz I have to log off now for a few hours ...if you get any information and it is 6 clear years without payment plus 2/3 months then you submit the following:-

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

If not do not submit the defence you have posted its needs attention ...we have until midnight tomorrow to submit.

 

Regards

 

Andy