mortimer/marlin Claimform - old EGG 'debt'

[BABAR HUSSAIN]

hello all

 

i am need of some assistance,

 

i recently had a ccj claim filed against me from mortimer clarke on behalf of marlin capital.

 

I defended the claim on the basis of statute barred,

 

i received a letter today from mortimer clarke saying that according to marlin the debt was not SB as i had made a my last payment in nov 09

 

my question is what do i do next?

 

could this be a scare tactic from them?

 

do i ask to see proof?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

 

please fill in the above and post the results here

 

 

dx

[BABAR HUSSAIN]

What is the value of the claim?

4400

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

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.

issued by mortimer clarke on behalf of marlin capital (originally credit card was with egg)

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

yes

Did you receive a Default Notice from the original creditor?

not that i remember

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

no

Why did you cease payments:-

2007, I THINK

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 managementicon plan?

None

[dx100uk]

did you send CCA/CPR letters

 

 

if they claim it is not SB'd

 

 

then yes you must put them to strict proof

 

 

what was the claim date top right claimform please

[BABAR HUSSAIN]

I dont the claim form form to hand as im at work, will post as soon as i get home thank you for your help

[citizenB]

Can I just correct you - you have had a claim issued against you. The CCJ is what is awarded against you if you were to lose.

 

It might be an idea if you could establish for sure when you made the last payment to the account - you could check your credit records to find out when Egg recorded the default against you as well.

 

As dx has said, what we do need is the date the claim was issued

[BABAR HUSSAIN]

Thanks for the correction citizen b,

 

 

i will check the date as soon as i get in

 

 

as for the default i've checked my credit report with noddle and it's not showing anything to do with egg or marlin

[BABAR HUSSAIN]

Ok guys the date on the top right of the claim form which is issue date 25/09/14

[dx100uk]

Monday 27th by midnight then for defence filing.

[dx100uk]

so loads of time to get them to prove the payments then.

 

 

are ALL you old addresses showing on noddle?

 

 

dx

[BABAR HUSSAIN]

I have a linked address which shows linked to egg but no default date,

 

 

I have already filed a defence on the grounds of statute barred.

 

I received a letter from Mortimer Clarke stating that marlin capital believe the debt isn't sb as I made a payment in November 09,

 

 

how do I ask them to prove that I made that payment?

[BABAR HUSSAIN]

Sorry dx just read your previous post what are CCA/CPR letters and could I possibly get templates please

I was hoping that it might just be another of their scare tactics and the debt is in fact sb

[dx100uk]

CCA request

 

 

CPR is in the legal library green tab top left.

 

 

what do you mean by:

 

 

I have a linked address which shows linked to egg but no default date,

 

 

you write back to Mortimer stating you wish the EXACT details of the payment

they claim were made within the SB period

 

 

how

when

where

by whom

method

[BABAR HUSSAIN]

CCA request

 

 

CPR is in the legal library green tab top left.

 

 

what do you mean by:

 

 

I have a linked address which shows linked to egg but no default date,

 

 

it shows Address links if I click on that it goes to a screen saying previous address, source of address egg last confirmed 30/03/08

[dx100uk]

ah right

 

 

so that sort of confirms the debt has been removed.

so the default atleast 6yrs old

so another good indication it IS sb'd

[BABAR HUSSAIN]

Hey guys probably a stupid question but should I send the cca request to marlin or Mortimer Clarke solicitors?

[dx100uk]

CCA request goes to the Claimant

 

 

CPR goes to the sols

[unless its carter then don't bother - use the claimant]

 

 

dx

[AndyOrch]

Until we see your particulars of claim (verbatim) you left out on #post 3 its impossible to advise on CPR and CCA.

 

Andy

[BABAR HUSSAIN]

Sorry didn't realise I had left it out, where will I find the particulars of the claim? Thanks in advance

[AndyOrch]

On the claim form from Northampton

[BABAR HUSSAIN]

On the claim form from Northampton

 

Particulars of the claim

By an agreement between egg banking plc & the defendant on or around 28/05/2003

(The agragreement) Egg agreed to issue the defendant a credit card upon the terms and conditions set out therein, in breach of the agreement the defendant failed to make the minimum payments due & agreement was terminated. The agreement was assigned to the claimant on 31/01/2013

The claimant therefore claims:

1.xxxx00

2.interest pursuant to section 69 of the county courts act1984. Namely xxxx & continuing untill judgement or sooner payment at the rate of 0.62

[BABAR HUSSAIN]

Received a letter today from Mortimer Clarke

 

Dear sir,

thank you for your letter dated 09/10/2014

We note your request for documents under part 31.14 of the civil procedure rules and sections 77-779 of the consumer credit act 1974

 

We have requested the documentation from our client and we will place the matter on hold until we hear further from it.

 

Should I send a reply to this letter?

[BABAR HUSSAIN]

just to recap

 

 

I had a claimform put in against me which I have already defended on the grounds of statute barred

 

 

after doing so I sent letters to Mortimer Clarke solicitors for Sar and to marlin for cca agreement

 

 

the letters were sent on the 30/09/14 the following is the reply I received from marlin

 

Dear Mr Hussain

 

Creditor: marlin capital Europe limited

Original creditor: Barclays bank pl T.A Barclay card

 

We write with reference to your recent letter received in our office 14th October 2014,

and confirm as we do not hold all of your information on file,

 

 

we have requested a copy of the agreement and statement of account from the original creditor

Barclays bank plc t/a Barclaycard and we will forward upon receipt.

 

With regards to your request for a copy of deed of assignment,

we would refer you back to section 136 of the law of property act 1925

which provides that the debtor is notified of the assignment of the debt in writing and not a copy of the deed itself.

 

If you wish to discuss your account further please contact Mortimer Clarke solicitors as your account is currently held with them.

 

I don't know where to go from here

 

 

any help would be appreciated

 

 

also I sent the letter requesting the cca on the 30/09/2014

 

 

why would they say they received it in office on the 14/10/2014?

[dx100uk]

threads merged.

 

 

dx

[BABAR HUSSAIN]

threads merged.

 

 

dx

 

Thank you