Marlin Claimform - Egg/Bcard

[AndyOrch]

Claims are allocated to 3 tracks subject to value...Small claims is 10K..Fast track and Multi Track for above 10K.

 

In small claims you are reasonably protected as costs are fixed..however disclosure of evidence is limited...it is important that this error is brought to the courts attention at allocation stage...you must keep this claim to small claims track.

[Lee Vodafone Company Rep]

Good job i got the 30 days free trial.

 

 

It was an eye opener,

 

 

a Default for £14 for Vodaphone, never used them, have always been O2, and

a link to a person I have never heard of registered at my address and I live on my own!

 

 

Hi introuble62,

 

If you'd like any help from me with this, email me with your details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line.

 

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

[introuble62]

Hi Andy,

 

How do I go about bringing it to the courts attention?

 

 

Is there something specific I should be doing.

 

 

At this stage all I have done is Send copy of original CAG letter,

create another one and enclosed the £1 postal order,

and sent the 31.14 letter,

all in one envelope back to the solicitor mentioned on the Court form.

 

 

I also registered online at the court and started filing out the defence section,

but then realised I couldn't so stopped and saved.

 

 

I thought that was the acknowledgment.

 

 

Just seen another section which was Acknowledgement so just filled that in now.

 

 

Where do I bring the figures to the courts attention?

[AndyOrch]

You will refer to it in your defence...errors in amounts claimed should void the claim......and again at allocation stage when you complete your DQ (Directions Questionnaire)...DQs are numbered so Small Claims Track is N180 and Fast Track is N181...if you receive the latter (Fast Track) then we have a problem and you will need to speak to Northampton

[introuble62]

I assume I do nothing with the defense yet whilst I wait for a response from them for the letters I've just sent, or should I be doing it now?

[dx100uk]

best await the results if any from the CPR and CCA requests.

 

 

wont hurt to read around on other marlin claims mind.

[AndyOrch]

You could ring the claimants solicitor and seek clarification of the figures claimed.

 

Andy

[introuble62]

I'm not phoning them unless i really have to,

 

 

when I have done that in the past they have never recorded anything that has been said against my account

so there is never a record.

 

 

I only deal in writing now.

 

 

Also, is that a good idea, because if the figures are wrong,

ie they have filled out the form wrong and that is my defence,

isn't it better to go ahead and let a Judge see that and throw it out.

 

The POC clearly states the £8k, no mention of interest and the other side of the form has the £12k figure, so its clearly wrong.

[AndyOrch]

Two ways to view that....the court may not accept the discrepancy and allow it...your defence falls flat and you are in Fast Track or seek clarity point it out and they may withdraw the claim...even if they resubmit it with the correct figures at least you will be in the correct track.

[introuble62]

I have phoned and phoned today to speak with them,

 

 

all I get is a repeated message over and over again asking me to leave my number so they can call me back.

 

 

I don't want to leave my number, when I do that I am inundated with calls and i would prefer everything in writing.

 

 

I called the court to ask them,

they said that Mortimer Clarke have made no mention of interest being claimed in their submission.

 

 

They couldn't offer any legal advice on this,

only to say that I could contact the solicitor to clarify and amend

or I could pay to get this put before a judge to consider it and it may be struck out

but I would need to get advice on this.

 

 

I assume Struck Out is where the judge says the form isn't correct,

 

 

does this then mean they have to re-submit or would that be the end of it?

 

 

I don't know what to do for the best.

[AndyOrch]

Email the Sol?

[Falcokeith]

Have been reading with interest

Any update yet?

[introuble62]

Hi, I have been away for a while.

 

 

I have received a letter from the Solicitor now agreeing to a 28 day extention.

 

 

I have phoned the courts and they confirmed that I do not need to do anything with them.

 

 

As long as I have it in writing from the solicitor.

 

 

The letter also stated that they have requested the relevant documents from Marlin and will forward them to me when they receive them.

 

 

To date I have received nothing.

 

 

The court also confirmed that the amount they are requesting is £8,268.30, so we still dont know where all the £12k figures have come from.

 

Should I be doing anything,

 

 

its ok to get an extention but if they aren't sending me anything I don't know what I am suppose to be doing.

 

 

The letter from the solicitor was dated 23/1/15.

[AndyOrch]

So your initial defence date was Sunday just gone (15th)...you now wait a further 28 days to submit your defence (calculate this from your claim date (date being day 1) and add 56 days...this is your new defence date.

 

At least you now have clarity with regards the amount claimed and you will be in small claims track.

 

Andy

[introuble62]

Hi Thank you Andy.

 

 

Do they have to send me their evidence by a certain date?

 

 

They won't have any, which is why I haven't received anything.

 

 

So if not received then I can use that as my defence and get this finally thrown out.

[dx100uk]

so will prob be the std no paperwork/holding defence widely available here

its already in it.

 

 

why did you ask for an extension, why give them more time?

 

 

never mind

trouble here could be they'll return a recon which for 10/2007 might be accepted by the judge

 

 

wont get thrown out but stayed till they produce.

[introuble62]

Have I understood you correctly.

 

 

If they can't produce paperwork,

which they won't be able to,

 

 

they will ask the Judge for more time

 

 

so he "Stays" it which means they go away and comeback when they have something I assume.

 

 

If thats correct is there a time limit on it or will this just remain Stayed forever

 

 

and always on my record as me owing them money?

 

 

Am I still in danger of getting a CCJ

 

 

or is this now not going to happen as they wont have paperwork?

[dx100uk]

you need to be reading around.

 

 

get upto speed.

 

 

your agreement was signed post april 2007 correct?

 

 

saying they wont be able to produce paperwork as you have said

is, sadly not 100% correct if its post apr 2007.

 

 

lets get a few things sorted

 

 

IS THIS YOURS or DID YOU take this card out - truthfully

or is this part of the fraud you elude too

 

 

dx

[introuble62]

This is not my card.

[dx100uk]

did you ever have an egg card?

 

 

if its not your debt

and you've never had an egg card

IMHO you should not have been faffing around for all these years

 

 

goto actionfraud and the police

get a crime ref number.

 

 

dx

[AndyOrch]

This is not my card.

 

Then that's all you need for a defence....makes no odds what/if they disclose.......because its not yours...correct?

 

Andy

[introuble62]

Hi Andy,

 

From what I've been told on here, that is not necessarily the end of it as the judge will just Stay it, therefore its hanging around forever.

 

When I think of it Staying doesnt really bother me as I dont get credit for anything.

If I want something I save up and buy it so it doesnt really affect me apart from being annoying that it would be on my records somewhere.

 

Can I really be assured that it would either be thrown out or stayed,

 

 

can a judgement actually be awarded,

 

 

is that possible in a case like this?

[dx100uk]

that was before we knew it was poss fraud.

 

 

tell us more about that era

anything else setup in you name

any else strange happened.

 

 

dx

[AndyOrch]

Hi Andy,

 

From what I've been told on here, that is not necessarily the end of it as the judge will just Stay it, therefore its hanging around forever. Well I have not told you that....a stayed claim is meaningless...nothing more than a speculative claim

 

When I think of it Staying doesnt really bother me as I dont get credit for anything.

If I want something I save up and buy it so it doesnt really affect me apart from being annoying that it would be on my records somewhere.No it wont...a stayed claim is meaningless and has no effect on you.

 

Can I really be assured that it would either be thrown out or stayed, No it will either be stayed or proceed to trial...subject to how the claimant responds

 

 

can a judgement actually be awarded, Yes if it proceeds to trial and your defence is inefficient

 

 

is that possible in a case like this?

Anything is possible...all claims are different as are district judges.

 

Andy