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Marlin/Mortimer claim form - old EGG Card 'debt'


john1975
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ive just recieved a summons form nottingham county courtlink3.gif for a 2003 Egglink3.gif card from marlin using mortimer clarke solictors,

 

ive read a few posts on here but i am struggling

 

i know i applied online for egg card

and never returned any of their paper work,

 

ive just got my credit report and default date was 2009,

 

ive done the aos to the court but dont know what my next step is.

 

many thanks

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Have a read of the thread linked below.

 

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

 

Copy and paste the first post from the link above into your own thread along with answers to the questions. Then someone will be along to help.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Date of Claimform - 17/10/2014

 

 

name of claimant - marlin capital

solicitor is mortimer clarke,

 

 

PoC

 

agreement between Egglink3.gif plc on or around 26/03/2003

 

egg issued the defendant with a credit card upon the terms and agreement set out therein

 

 

,in breach of the agreement the defendant failed to pay the minium payment due and

 

 

the agreement was terminated.

 

 

the agreement assigned to the claimant 31/01/2013

 

1. the claimant therefore claims 1.£5397.82

 

2.interestlink3.gif section69 of the county courtlink3.gif act, £2420.62

What is the value of the claim? - £8300

 

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? - 26/03/2003

 

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. - debt purchaser (marlin)

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - unsure as what mail even got,

 

Did you receive a Default Notice from the original creditor? - unsure

 

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

 

Why did you cease payments:- lost job but was paying good lump sums

 

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 manage plan?

 

had debt management in 2008/09 but stopped as they failed to pay one debtor for 3 months

and said they havent answered there letters, but they took my money.

I have got my credit report and default date was 2009.

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i have done the aos bit,

 

 

just the defence part now,

 

 

Ive read so much and people over rule each other and heard marlin can be slippy,

 

 

so unsure of the defence route.

 

thanks for your time

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ok.. so the timeline is

 

Issue date 17.10.2014 + 5 for service = 21.10.2014 + 14 to acknowledge = 04.11.2014 + 14 days to submit defence = 18.11.2014.

 

You cannot remember whether you received Default Notice/Notice of Assignment or the statutory Notice of Arrears which you should have received at least once a year.

 

You have acknowledged the claim. Have you made a CPR request for the documents they have mentioned within the claim.. eg.. Default Notice, Contract, Notice of Assignment and statement of account ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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no not asked for anything yet,

 

 

from what I have read previously,

 

 

im thinking the cpr 3.14 or a cca request but didnt know whether to send it to the courts

 

 

or to the solictor or marlin,

 

 

and also can i send both or does it do damage

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You send CPR 31.14 to the solicitor named on the claim form.

 

You send the CCA request to the Claimant.

 

You do not send anything to the court until you have to submit your defence and you do that online.

 

Whilst you do have some time in hand, you need to get both the requests out ASAP - send by recorded delivery if you can afford it, if not, you must obtain a free proof of posting slip from the post office.

 

It is unlikely that you will receive anything in time, if at all - but it is in your interest to send them.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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On what basis do you hope to defend this claim ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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well was hoping for advice as i know its pre 2007,

 

 

im 99 percent sure ive never signed anything

 

 

as applied online and

 

 

never send anything back,

 

 

 

 

 

 

so wanted to know best route for defence,

thanks

 

for replying

 

Im also sure ive had no notice of sums or arrears statement for a long time,would the cpr state this

Edited by john1975
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thread tidied

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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get the CCA request to marlin off pronto

blank £1 PO

do not sign anything

 

 

and CPR to mortimer

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no need

you file on time

 

 

they should not be going to court

trying to get a speculative undefended default judgement

without any proof

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hi me again,

 

 

right I did as you said and

 

 

sent the cpr to marlin and

 

 

the cca request to marlin with a blank £1 postal order,

 

 

marlin have sent the postal order back

 

 

saying there needs to be a payee on there

 

 

and to forward it onto to mortimer clarke,

 

 

so now my court dead line is going to at risk?

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nope no risk at all

 

 

just silly tactics

 

 

if you sent the CCA request to the named claimant from the claimform

and the PO was left blank

 

 

that is perfectly OK as is the case with hundreds claim threads here already.

 

 

pers I'd not do anything further..

 

 

you could send is all back to them if you wish.

 

 

or even comply if you wish.

 

 

but AFAIK you have done correct.

 

 

p'haps andy will comment later

 

 

just DONT miss you file date

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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the no paperwork/holding defence widely available on most threads in this forum

adapted to your particular PoC.

 

 

4pm 18th

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

defence filing time

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

does not matter

 

 

pers I'd hold for a week in case they do find the CCA

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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got a reply from mortimer saying we are taking our clients instructions per your request will come bk to you as soon as we can, we confirm our client is willing to agree to the extension of 28 days for you to file your defence.persuant cpr 15.5(2) pls notify the court in writng of the agreement........

 

 

i did a cpr 14 thou so not sure what there on about?

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