Claim Form - Marlin/Mortimer - EGG Credit Card .debt'

[lime]

Hi, newbie so sorry if I have made any mistakes. If anyone could help me I would forever be in your debt. Very worried

 

Name of the Claimant ?

 

Marlin Capital Europe LTD

Marlin House

16-22 Grafton Road

Worthing

West Sussex

BN11 1QP

 

Date of issue

 

25th September 2014

 

Submit defence by

 

27th October 2014

 

What is the claim for

 

By an agreement between Egg Banking plc

("EGG") & the Defendant on or around 01/10/2002

("the Argeement") 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

06/01/2013

THE CLAIMENT THEREFORE CLAIMS:

1.3900.00

2.Interest pursuant to section 69 of the

County Courts Act 1984, namely 1400.00 &

continuing until Judgment or sooner payment

at the rate of 0.84

 

What is the value of the claim?

 

£5,800

 

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?

 

Before, 2002

 

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.

 

The account was assigned

 

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

 

I have received letters yes

 

Did you receive a Default Notice from the original creditor?

 

Not that I can find

 

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

 

Not that im aware of

 

Why did you cease payments:-

 

Financial difficulties

 

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

 

Not that im aware of

 

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

 

Yes I told them I was having problems but failed to stick to a payment plan

 

Last Payment was

 

July 2009

[honeybee13]

Hello and welcome to CAG. Well done for filling in the information asked for in the forum stikky.

 

The forum guys should be along over the course of the day.

 

My best, HB

[lime]

Thanks Honeybee, my refresh button might wear out before the end of the day

[lime]

I have found the original default notice if it helps?

[theoldrouge]

ASAP

CCA request to claimant

 

CPR31.14 request to claimants solicitors

 

Both by recorded delivery

 

Register on mcol

 

Acknowledge service

 

Tick defend all

[lime]

Thanks theoldrouge. Is it not in my best interest to CCA later rather than sooner to give them less time to respond?

[theoldrouge]

No ASAP

[lime]

OK, on it. Thanks

[theoldrouge]

As you have it

 

it would be useful to scan in

 

The DN with pers details removed

[lime]

Have tried but it wont let me with less than 10 posts

[lime]

Sent the CCA last week and i'm now compiling the CPR31.14. Does the following look ok? Real novice i'm afraid.

 

CPR 31.14 Template removed

 

 

Is there anything else I need to ask for? Can I not ask for the Default notice as its not mentioned in the POC?

 

Thanks so so much.

Edited October 6, 2014 by Andyorch
Template removed

[lime]

Also managed to get above 10 posts so here is the DN. Thanks!

 

 

[AndyOrch]

You must acknowledge service by the 13th Oct Lime.

 

Andy

[lime]

Just an update, I of course followed your instructions and did the acknowledge service within good time but have just received the first reply from Mortimer Clarke:

 

Further to your letter dated ******* we are taking our client's instructions in relation to your request and will come back to you as soon as we can.

 

We confirm our client is willing to agree to an extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

 

Is this a standard response? What's the next move?

 

Thanks so so much in advance for your help!

[AndyOrch]

Standard response and no you wont be accepting their offer of extension...keep an eye on your defence date and start to read other like threads and look at the defences to familiarise yourself with the process.

 

Andy

[lime]

Thanks Andy! Will do just that.

[lime]

Well nothing back from Marlin or Mortimer and the deadline is tomorrow for submitting the defence. Should I wait until then or just do it today? Many thanks

[oleg]

Well nothing back from Marlin or Mortimer and the deadline is tomorrow for submitting the defence. Should I wait until then or just do it today? Many thanks

 

You need to do it without delay. Don't place any credence in M Clark's so- called extensions.

 

Draft your defence asap, then post it up here for review / advice before sending.

[lime]

Ok, so without anything received from Marlin or Mortimer here is the draft for the embarrassed defence:

 

The Defendant neither deny nor admit to any indebtedness to the claimant.

 

The Defendant sent the claimants solicitor a CPR31.14 request for the original signed agreement relied upon in the Particulars of the Claim.

 

The claimant received the CPR31.14 request on the 7/10/14 by recorded delivery.

 

As of the 27/10/14 the claimant has not supplied the requested documents, the claimant has given no good reason to the defendant for this failure to comply with the defendant's legal rights of entitlement to inspect the documents that the claimant's claim is to rely on.

 

The Defendant asserts that the Pre - Action conduct of the claimant is unacceptable and feels as though the claimant is trying to frustrate proceedings with this Non-Compliance attitude towards Practice Direction.

 

The Defendant has not been provided with copies of the documents mentioned in the Particulars of Claim, which were requested in the CPR31.14, including the Notice of Assignment, which would prove the Claimant's right to bring this action.

 

The conduct of the claimant is denying the Defendant the right to submit a full defence and as the action stands at the present time, the Defendant is somewhat confused and unsure as to exactly what the claimant's claim is for, the Defendant is unable to file a full defence as a direct result of the claimants negative Pre - Action Conduct.

 

The Defendant respectfully requests that the Court stay (Suspend) the proceedings under Practice Direction 4.6 (1) until the claimant complies with the defendants CPR31.14 request. The defendant respectfully requests that the court impose a time scale of seven (7) days upon the claimant to comply with the defendant's rightful entitlement to inspect the documents that the claimant's claim is to rely on, and that should the claimant fail to comply with the court's order, then the defendant respectfully requests that upon notification by the defendant to the court of the claimant's further failure to comply with the Practice Direction sanctions imposed by the court, that the court makes the motion to strike out the claimant's claim on the grounds that the claimant is unable to substantiate the claim.

 

The Defendant also makes a respectful request to the court for the court's consideration, to permit the defendant to submit an amended defence if the claimant supplies the requested documents mentioned,furthermore, the defendant states to the court, that if the claimant does so indeed disclose the requested documents within the time limit of the further seven (7) days to the defendant, then the defendant requests that the court provide the defendant with directions that inform the defendant of the time scale that the court shall allow the defendant to file/submit the full or amended defence to this action.

 

How does this sound?

[dx100uk]

you cant use an embar def that's old hat

 

 

look at the defences in recent threads here

 

 

or in

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

it will be the holding / no paperwork one

number each line/point their poc

 

 

respond with the same numbers

dx

[lime]

Thanks dx100uk for the speedy reply. Sorry for the novice mistake, was looking for hours as well. I'm on it now

[lime]

Here are the POC's bought forward for checking:

 

1. By an agreement between Eggicon Banking plc ("EGG") & the Defendant on or around 01/10/2002

("the Argeement") 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 06/01/2013

 

4.THE CLAIMENT THEREFORE CLAIMS:

1.3900.00

2.interesticon pursuant to section 69 of the

County Courts Act 1984, namely 1400.00 &

continuing until Judgment or sooner payment

at the rate of 0.84

 

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 Capital Europe Ltd.

 

 

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 banking plc.

 

 

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

Any better?

[dx100uk]

nope you cant say you know of no agreement

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?418201-Lowell-BW-claim-form-old-Cap1-card-Help!***Claim-Struck-Out***

 

 

adapt to suit

 

 

dx

[lime]

Particulars of Claim for reference only

 

 

1. By an agreement between Egg Banking plc ("Egg") & the Defendant on or around 01/10/2002 ("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 06/01/2013

 

4.THE CLAIMENT THEREFORE CLAIMS:1. 3900.00 2.interest pursuant to section 69 of the County Courts Act 1984, namely 1400.00 &continuing until Judgment or sooner paymentat the rate of 0.84

 

 

 

DEFENCE

 

1.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3)in relation to any particular allegation to which a specific response has not been made.

 

2.Paragraph 1 is noted. I have in the past had financial dealings with Egg Banking Limited however I cannot recall the exact account number or whether there is any outstanding balance.

 

3. Paragraph 2 is noted, again I cant recall the precise details or whether any Default Notice was issued or terminated.

I am aware that no Notice of Sums in Arrears pursuant to the CCA1974 ever been served since any alleged breach.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant/ Egg Banking.

 

5.Paragraph 4 is denied,as per the above if the claimant has failed to serve any Notice of Sums in Arrears they are precluded from requesting any interest until such time they comply or enforcing any agreement pursuant to the CCA1974 PD86D and CONC 7.18

 

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of the Credit Card agreement or default notice requested by CPR 31. 14.

 

Therefore 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

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

 

7. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 of the CCA1974 for copies of any documents referred to within the Claimants particulars to establish what the claim is for.

 

To date they have failed to comply to my section 78 request and remain in default with regards to my CPR 31.14 request.

 

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

 

9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim

due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

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

 

 

 

 

 

 

Going to find it hard to get to sleep without knowing im getting somewhere. Is this more along the right lines? Thanks so much in advance

 

p.s is "Paragraph 1 is noted. I have in the past had financial dealings with Egg Banking Limited." that the right thing to say? So confused

Edited October 27, 2014 by Andyorch
Particulars added for reference/Defence tweaked to particulars

[dx100uk]

1. is ok

 

 

2/3 are the same no NOA has been provided

 

 

wait for andy to check it

 

 

dx