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


linz2011
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I think there's a possibility the chain has intentionally been disregarded by the claimant. Egg cards were disposed of to citigroup in 2007, purchased by Barclaycard (complete book) in 2011.

 

Ybs use the egg banking trading style.

 

There seem to be some instances of Barclay's being unable to satisfy s.82 variations along the way.

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Hi the account defaulted prior to the takeover therefore barclaycard cannot help. Unfortunately egg was all online statements and all payments were made from a joint account with my ex husband and now closed. I am sorry

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That sounds promising, as if it was on there it wouldnt be statue barred.

 

AndyT is excellent and should be-able to assist when back online. Fingers crossed you can state its statue barred though.

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The s69 interest is either a mistake or it knows something you don't, 69.4 precludes the award of interest on interest... Given the sum claimed it infers the account bore no interest for a period in excess of 8 years.

 

I'd be inclined to give citi a bell and enquire of last payment date to account.

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I will try them thanks

 

It should hold historical data for its undertaking with BC to investigate PPI complaints. If it appears evasive try approaching it's PPI team on the premise you believe you may have a claim but want to check the account records prior to progressing in writing. Hopefully you'll find someone helpful.

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Ok I spoke to citi bank they have no details they have me another number to ring which I did and they don't have any details either she says they only have accounts that are 6 years old or less?

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It does seem to imply the other side is out of time. I don't suppose you have time to get either citi or BC to confirm in writing?

 

If you're still not confident its SB and you are limited by time to file your you could file SB & alternate position within your defence.

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I think its safe to assume then its statute barred Linz...unless you find anything to the alternative from now till tomorrow here is your defence.

 

Claimant v Defendant Claim number

 

 

1. The Claimant's claim was issued on (insert claim form 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 act 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.

 

I believe that the contents of this defence are true.

 

 

Signed:

 

Dated:

 

 

[email protected]

 

 

 

Regards

 

Andy

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Thanks andy. I've check 3 credit ref and no sign of it. I am gonna check through my old posts on here see if it's mentioned will keep you posted. Really appreciate your help thanks again

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Hi mike yes I've seen this but that was a blue account. I had two egg credit cards this one is green. I seem to remember never receiving the credit agreement for this one

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  • 4 weeks later...

Hi all

just to update you

 

Mortimer Clarke have sent a letter saying that the account is not statute barred as the last payment was in September 2009.

 

They are still awaiting documents from Egg and will forward once received.

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I would like to add that I suspect the payment on the account may relate to my SAR request but cannot confirm this until i received all the paperwork

 

Can you confirm that you put in a SAR request at thetime ? This might be imperative - please keep this Cagger posted....................................

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I would like to add that I suspect the payment on the account may relate to my SAR request but cannot confirm this until i received all the paperwork

 

Would seem extraordinary for citi to hold no transaction data for the period but the other sides counsel believes it does.

 

Let's see what it comes up with before pressing it further.

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Unfortunately so much has changed in my life since this and

 

I wrongly assumed this had been written off, given i had not heard anything for such a long time.

 

It will be very evident in the payment history (when it arrives) that it was for a SAR request if that is the case.

 

Andy worked out the interest (their claiming 5 to 6 years worth) so will see

- will update you as soon as I received anything else

 

Thanks all your help is very much appreciated :-)

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