Marlin/Mortimer claimform - EGG card 'debt'

[hyperseven]

Can anyone help me with letter I got today?

 

Last thing I remember about this Egg debt was when I sent Egg the CCA letters for my contract back in 2009, send both letters since they failed to respond and thought that was the end of it.

Edited May 29, 2015 by dx100uk
pic removed barcodes showing - dx

[dx100uk]

its not a letter

its a speculative claimform.

 

 

I've removed it as you'd left barcodes showing

and we don't need to see it anyhow

 

 

can you fill this link out please

and post the Q&A's back here please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

dx

[fkofilee]

Please scan back up, I want to see it!

[hyperseven]

Name of the Claimant ? Marlin Capital Europe

 

Date of issue – 27/05/2015 (28/06/2015)

 

What is the claim for –

 

1.By an agreement between Egg Banking plc (EGG) &t he Defendnt on or arround 20/03/2006 ('the Agreement')

EGG agreed to issue the Denedant with a credit card.

The Defendant failed to make the minimum payments due & the Agreement was terminated.

2.The Agreement was assigned to the Claimant on 31/01/2013.

3.THE CLAIMANT THEREFORE CLAIMS

1. 2069.01

2.Interest pursuant to section 69 of the County Court Ace 1984, namely 1045.32

& contuning until Judgment or sooner payment at the rate 0.45

 

What is the value of the claim? £3379.33

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? EGG Credit Card

When did you enter into the original agreement before or after 2007? Yes

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no

Did you receive a Default Notice from the original creditor? not sure

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

Why did you cease payments? could not afford

What was the date of your last payment? do not know

 

 

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 management plan? no, sent CCA letters to them and never heard back so assumed no further action would be taken.

[hyperseven]

..

 

Please scan back up, I want to see it!

 

[fkofilee]

Is that claim form Speculative? It looks legit...

[dx100uk]

ack the claim on mcol

defend all

leave juris unticked

 

 

get CCA/CPR off and running.

 

 

is this on your credit file?

 

 

dx

[hyperseven]

ack the claim on mcol

defend all

leave juris unticked

 

 

get CCA/CPR off and running.

 

 

is this on your credit file?

 

 

dx

 

Is this the online thing with the password on this form?

 

DOnt know if on credit file.

 

 

In my CPR18 letter what questions would I best best asking and from what I understand actual documents need to be request via a CPR31.

Edited May 29, 2015 by hyperseven
addition

[dx100uk]

CPR31:14 from the green top library tabs legal section

but the CCA is the important one.

 

 

yes that MCOL website

simply follow above posted instructions

register as an individual

note the number

 

log in using those details

 

select respond to claim

and select AOS

simply using the required info from the claimform

 

defend all

leave juris unticked

 

 

 

 

 

dx

[AndyOrch]

You cant request a CPR 18 as the claim will be Small Claims Track...of which CPR 18 is not applicable.

 

Regards

 

Andy

[hyperseven]

aaaaah, just noticed that I put the incorrect date on my CCA request, 2105 instead of 2015, they received it yesterday according to Royal Mail.

 

Will they use this against me, if so shall I send another request?

[dx100uk]

wont hurt

 

 

have you ack'd the claim

[hyperseven]

Yes done the on line acknowledgement, and printed off my CPR31 ready to send on Friday.

 

Will I have t get another £1 PO as well?

[dx100uk]

why Friday?

 

 

sooner the better

no payment required for CPR just CCA.

 

 

dx

[hyperseven]

why Friday?

 

 

sooner the better

no payment required for CPR just CCA.

 

 

dx

 

I thought you had a leave a couple of day between letters, oh well you learn something new

 

What I meant about the PO, is that I have already sent one that they have received for the incorrectly dated CCA, if I send another correctly dated CCA letter will I have to send another PO to go with that or will they use the one I have already sent?

[dx100uk]

I would not bother repeating the CCA request

everyone makes mistakes.

 

 

not sure what sites you ae reading

 

 

but no-where does this site say you cant send everything the day you get the claim

or on the same day.

 

 

dx

[AndyOrch]

Lets hope its not the 3 letters forum:wink:

[hyperseven]

Got this today (says 03/06/15 on the letter but arrived today? Anyway of telling when sent as fins that date suspicious, no post mark, just orange dots)

 

 

 

What do I do now?

[dx100uk]

usual rubbish...

 

 

doesn't matter what they do or say

 

 

you DONT miss your def filing date

dx

[hyperseven]

usual rubbish...

 

 

doesn't matter what they do or say

 

 

you DONT miss your def filing date

dx

 

Sorry for being a bit dense, so what do do now?

 

Do I still have to submit a defence on MCOL as had a look and noting on their says case is 'on hold'.

[dx100uk]

the letter has nowt to do with the claim at this stage

 

 

it simply means they cannot for fill your section 78 request.

 

 

and anyway they cant put it on hold no such status

 

 

don't be fooled.

 

 

ideally a CCA request should always goto the owner or claimant.

 

 

dx

 

 

 

 

dx

[hyperseven]

Got home today and this had arrived.

 

 

What this 'we believe you have already inspected documents' nonsense. I have had no such items?

 

This 28 extension what do I do with that?

[dx100uk]

you all but ignore this

 

 

IMHO you don't accept the extension

why give then more time to magic up documents?

they should already had go them before issuing a 'speculative claimform'

hoping for a non contested 'default' rubberstamped judgement.

 

 

if you read around a bit, you'll see that's a std reply to a CPR .

 

 

file ontime and don't miss the 33 day deadline.

 

 

4pm Friday 26th.

 

 

holding /no paperwork defence

widely available here

 

 

post it up before you file it to MCOL

 

 

dx

[hyperseven]

you all but ignore this

 

 

IMHO you don't accept the extension

why give then more time to magic up documents?

they should already had go them before issuing a 'speculative claimform'

hoping for a non contested 'default' rubberstamped judgement.

 

 

if you read around a bit, you'll see that's a std reply to a CPR .

 

 

file ontime and don't miss the 33 day deadline.

 

 

4pm Friday 26th.

 

 

holding /no paperwork defence

widely available here

 

 

post it up before you file it to MCOL

 

 

dx

 

Cheers, here is my defence I am about to submit to MCOL, is it OK?

 

1. I am the Defendant in this case.

 

2.On 27/05/2015 the Claimant submitted a claim to Northampton County Court stating their particulars of claim.

 

3. I returned the Acknowledgement of Service on 29/05/2015

 

4. On 01/06/2015 (signed for 02/06/2015) I wrote to the Claimant requesting the credit agreement for the alleged debt and of their alleged assignment.

 

5. On 03/06/2015 the Claimant responded to the Defendant's letter. (TRANSCRIPT A below)

 

6. The Defendant sent out a CPR31.14 request letter on 04/06/2015 (signed for 05/06/2015), asking for the following documents to be produce in court:

-The agreement

-The assignment

-The default notice

-The termination notice

-The statement of account

 

7. I received an acknowledgement of my CPR31.14 on 18/06/2015 (TRANSCRIPT B below) it does not appear any of the requested documents are forthcoming.

8. The Defendant sent out a CPR18 request letter on 04/06/2015 (signed for 05/06/2015), asking for further information in relation to:

-The agreement

-The deed of assignment

-The notice of assignment

-The default warning letter

-The default notice

 

9. I received an acknowledgement of my CPR18 on 18/06/2015 (TRANSCRIPT B below) it does not appear that any of the requested information is forthcoming.

10. The Claimant contends that:-

-Entered in to an agreement between Egg Banking pic (EGG) & the Defendant on or around 20/03/2006.

-Agreement was terminated.

-The Agreement was assigned to the Claimant on 31/01/2013.

-Claimant requests £3114.33 plus costs.

 

11. The Defendant rebuts all the above in that:

-Have not received the requested copy of the credit agreement.

-Have not received the documents as per CPR18 request for further information.

-Have not received the documents as per CPR31.14 disclosure of Documentation.

-The Claimants Solicitors are clearly obstructing my request (see transcripts A&B bellow) for details of the documents referred to in their clients particulars of claim.

-The alleged agreement date cannot be confirmed, stated as ‘on or around’.

-Cannot determine if agreement is potentially statute barred as the Claimant has failed to provide any information, including statements of account.

-Claimant is adding interest on to a claim against the full amount they allege I owe, yet they themselves would not have paid for this amount. I request full disclosure of the amount paid for this debt in order for the Court to assess any entitlement to statutory interest.

 

I respectfully request the Claimant's claim be Struck Out due to their lack of evidence, or Struck Out with prejudice if the agreement is unenforceable due to a lack of an evidence of an enforceable agreement.

.

.

(TRANSCRIPT A)

‘We acknowledge your request for documents pursuant to Section 78 of the Consumer Credit Act 1974.

For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

In the meantime, the matter has been placed on hold and no further action will be taken’.

 

(TRANSCRIPT B)

‘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.

CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

We believe that you may have already ‘inspected’ the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our client's instructions. In response to your request for further information under Civil Procedure Rule 18, it is our client's position that your request is merely a further document request, which has not been signed, and therefore not a valid request under Rule 18. If

you disagree with our client's position, please provide the legal basis for this’.

[dx100uk]

imho you don't need to file before Friday

 

 

where the beep did that defence come from not here I know..

 

 

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