Marlin/Mortimer claimform - EGG card 'debt'

[hyperseven]

getoutofdebtfree, why? is it no good?

[dx100uk]

FMOTL site

 

 

if you wanna get nailed

then go stay there.

 

 

dx

[hyperseven]

FMOTL site

 

 

if you wanna get nailed

then go stay there.

 

 

dx

 

Is any of it usable?

 

what, so more like this one?

 

I am clueless in such matters, had to Google FMOTL

 

Defence

 

The Defendant contends that the particulars of claim are vague and generic in nature. 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.

 

1. Paragraph 1 is accepted I have in the past had agreements with Bank of Scotlandicon for credit card services.

 

2 Paragraph 2 is denied I have no recollection of ever receiving a Notice of Assignment over 4 years ago nor ever been approached with regards to any alleged debt.The claimant has failed to issue any Notice of Sums in Arrears or statements since the alleged assignment and is therefore prevented from seeking relief pursuant to the CCA2006 amendments.

 

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 evidence of service of Notice of Sums in Arrears

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

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

 

4. On the alternative, if 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 crediticon Act 1974. If I understand this correctly, then this stays in, as they are apparently the assignee according to the NoA.

 

5. On the 29th July 2014 I made a legal request by way of a section 78 request to the Claimant.This was sent recorded delivery and signed for on the 30th July 2014. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance.I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim,the Claimant has failed to respond

 

6. 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.

[fkofilee]

Stay away from GOODF and the FOTLM... Itll get you into trouble!

[dx100uk]

Lets hope its not the 3 letters forum:wink:

 

 

 

you were right andy!!

[hyperseven]

Is the other defence I quoted usable in my situation ?

 

this better ??

 

Defence

 

The Defendant contends that the particulars of claim are vague and generic in nature. 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.

 

1. Paragraph 1 is accepted I have in the past had agreements with Egg Banking PLC for credit card services.

 

2 Paragraph 2 is denied I have no recollection of ever receiving a Notice of Assignment over 5 years ago nor ever been approached with regards to any alleged debt. The claimant has failed to issue any Notice of Sums in Arrears or statements since the alleged assignment and is therefore prevented from seeking relief pursuant to the CCA2006 amendments.

 

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 evidence of service of Notice of Sums in Arrears

(d) 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.

 

4. On the alternative, if 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. If I understand this correctly, then this stays in, as they are apparently the assignee according to the NoA.

 

5. On the 1st June 2015 I made a legal request by way of a section 78 request to the Claimant. This was sent recorded delivery and signed for on the 2nd June 2015. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. I have also requested information pertaining to this claim by way of a CPR 31.14 and CPR 18 requests to clarify its claim. These were sent recorded delivery on 4th June 2015 and signed for on the 5th June 2015. The Claimant has failed to respond.

 

6. 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.

[dx100uk]

bring down the poc from the claimform

 

 

then post your defence after it

 

 

and align the paragraph number of your replies to their poc paragraphs

 

 

best way to check it

 

 

dx

[hyperseven]

bring down the poc from the claimform

 

 

then post your defence after it

 

 

and align the paragraph number of your replies to their poc paragraphs

 

 

best way to check it

 

 

dx

 

The POC is not very well formatted on the form.

By an agreement between Egg Banking pic ( EG

G ) & the Defendant on or around 20/03/2006

(’the Agreement’) EGG agreed to issue the

Defendant with a credit card. The Defendant f

ailed to make the minimum payments due & the

Agreement was terminated.The Agreement was

assigned to the Claimant on 31/01/2013.

THE CLAIMANT THEREFORE CLAIMS 1.2069.01 2

. Interest pursuant to section 69 of the Cou

nty Courts Act 1984, namely 1045.32 & contin

uing until Judgment or sooner payment at the

rate of 0.45 .

 

 

I think it should be 3 paragraphs ?

 

By an agreement between Egg Banking pic ( EGG ) & the Defendant on or around 20/03/2006 (’the Agreement’) EGG greed to issue theDefendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated.

 

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

 

THE CLAIMANT THEREFORE CLAIMS 1.2069.01 2 . Interest pursuant to section 69 of the County Courts Act 1984, namely 1045.32 & continuing until Judgment or sooner payment at the rate of 0.45 .

 

or is it 4 ?

 

By an agreement between Egg Banking pic ( EGG ) & the Defendant on or around 20/03/2006 (’the Agreement’) EGG greed to issue theDefendant with a credit card.

 

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

 

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

 

THE CLAIMANT THEREFORE CLAIMS 1.2069.01 2 . Interest pursuant to section 69 of the County Courts Act 1984, namely 1045.32 & continuing until Judgment or sooner payment at the rate of 0.45 .

[dx100uk]

like post 29 here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?412837-Marlin-mortimer-claimform-barclaycard-EGG-Card-debt/page2

[hyperseven]

Thanks for putting me on the right path

 

Is this OK then?

 

 

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 Defendant with a credit card.

 

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

 

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

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

 

 

Defence

 

I contend the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. I have held an account with Egg Banking PLC for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. This was sent recorded delivery and signed for on the 2nd June 2015. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78.

 

2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act.

 

3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim.

 

4. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14 which was sent recorded delivery and signed for on the 5th June 2015, 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 evidence of service of a Default Notice and Notice of Sums in Arrears

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed.

 

6. On the alternative, if 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 Act 1974.

 

7. 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.

[dx100uk]

look resonabley ok

but you have till Friday

 

 

ie 5 days of postal service yet whereby they might send the CCA or other docs

 

 

you need to hold

 

 

dx

[hyperseven]

So I submit it all, including the amended part in red, as my defence on Friday if I receive no other docs.

 

Is there a cut off time?

[dx100uk]

no you don't need to inc their POC

 

 

time for filing has already been outlined and you've quoted said post today already

 

 

dx

[hyperseven]

This arrived today, anything I need to do?

Edited July 14, 2015 by dx100uk
removed name & address from upload & convert to pdf

[dx100uk]

removed your address

 

 

you need to PM me an alternate username please

it should not be you real name!!

dx

[hyperseven]

Is that letter from them meaningless?

[dx100uk]

yep totally

[hyperseven]

28 days since court acknowledged receipt of my defence, anything I need to do now? Is it automatically stayed?

[dx100uk]

Yes