Cabot/mortimer/marlin EGG Card **one claim DISC'd NEW CLAIM DISC'D by Consent**

[grafter123]

Hi Folks,

 

I had an old Egg card debt (June 2009) sold on to Barclays and then to Marlin Capitol.

 

Marlin used Weightmans Solicitors in June last year to issue a County Court Claim

but Weightmans discontinued the claim (in writing to me) without any correspondence from myself at all.

 

Now Marlin Capitol are using Mortimer Clarke to write to me and phone etc.

I don't know what to do and

 

where I stand if the original court claim was discontinued.

 

Do I write sect 78 letter to Marlin etc?

 

Can anyone please recommend a course of action to take please?

 

Many Thanks and hope to hear a solution to my worries.

Edited May 7, 2014 by grafter123
Better quality PDF files attached

[AndyOrch]

Hi grafter

 

If you have never requested a copy of the agreement (first time around) then it may be advisable to do it now...you can find the section 78 request within our Library..

 

Re Marlin...just because it was discontinued does not mean they are not prevented from issuing a further claim...so prepare just in case.

 

Regards

 

Andy

[grafter123]

What about sending a CPR 41.4 request to Moon Beaver?

[grafter123]

I meant 31.4 not 41.4.

[AndyOrch]

Not applicable until a claim is issued....section 78

[grafter123]

OK thanks, I will post the 78 today.

[AndyOrch]

Dont forget to head it " I do not acknowledge any debt with your company "

[DonkeyB]

Not applicable until a claim is issued....section 78

 

...but you can technically start to use CPR if they threaten legal action – all in the interests of ‘the overriding objective’.

[grafter123]

Thanks Andy.

[grafter123]

Do you not have to refer to a Court claim number with a CPR request? If they only threaten legal action would one send a CPR request without the referral to the c court part?

...but you can technically start to use CPR if they threaten legal action – all in the interests of ‘the overriding objective’.

[AndyOrch]

The only part of the CPR that applies is 31 disclosure....and you cant really ask for disclosure until they litigate...except for 31.16 Disclosure before proceedings start pre litigation....cost you £55 though.... so best stick to the section 77/78 for a £1.

[grafter123]

Thanks as always Andy!

[grafter123]

Sent Sect.78 request and Marlin returned the Postal Order to be completed with payee details and returned to them.

[AndyOrch]

Delaying tactics..there is no requirement to complete the payee details....Im sure they can write their own name on the PO.

 

Fill it it in ...return it and a cover letter stating your request still runs from the date of your original request.

 

Regards

 

Andy

[grafter123]

Latest reply from Marlin attached

[grafter123]

Still had no Sect78 details from Marlin and just got this letter from Mortimer Clarke.

[AndyOrch]

Its simply their last attempt...will they issue a claim or can they not respond to your request and its a bluff?

 

Its your decision if you feel that you can opt to defend then you ignore if you feel that there is no defence then negotiate a settlement figure or payment plan.

 

Regards

 

Andy

[grafter123]

Hi Andy,

I have received a court form today (uploaded).

The amount claimed has jumped from 16k to over 23k?

 

Their discontinued CC Claim 12 months ago was for only 16k.

 

I have had no reply from my Sect78 request sent 8 May.

 

I will acknowledge the CC form and could file a defence ref no Sect78 compliance

if they suddenly come with this info what then?

 

I am still not sure if I can negotiate a repayment plan for the 16k?

[AndyOrch]

Hi Grafter responding to your PM

 

Okay judging from their last correspondence its of no shock that they have now issued.The way they have added the section 69 is questionable they have not shown the dates within their particulars nor the calculation....but we can come back to that.

 

Follow your time line and make sure you complete the acknowledgement of service within 19 days and if you wish to defend this (bearing in mind it will be Fast Track) we can draft a suitable defence to question their actions.

 

Regards

 

Andy

[grafter123]

Hi Andy, I don,'t understand how they can add an additional 7k? Can I still do a deal to pay the 16k (installments)and avoid court?

[AndyOrch]

Yes there are various options open along the way but acknowledge the claim for now and then I can review the thread and advise on your best course of action.

 

Regards

 

Andy

[grafter123]

Hi Andy, sorry to sound stupid, but when I acknowledge the court form do I need to admit debt or defend all etc?

[AndyOrch]

You should be able to just acknowledge and exit at this stage?...but you do have 19 days to consider if it requires a plea.

[grafter123]

You should be able to just acknowledge and exit at this stage?...but you do have 19 days to consider if it requires a plea.

 

Hi Andy,

 

The acknowledgement (attached) has to be ticked as appropriate, 1 defend all, 2 defend part or 3 contest jurisdiction? it the says 'file a defence within 28 days' or 'file an application within 14 days'?

[AndyOrch]

Are you not going to process this on line using MCOL?